Safety Culture: Reasonable Suspicion & the Workplace FAQ
Q: Can impairment result from a variety of conditions - excluding the consumption of drugs or alcohol?
A: Yes. Impairment can result from stress, anxiety and fatigue.
Q: What is the core purpose of Reasonable Suspicion?
A: Reasonable Suspicion is meant to Identify, Document and Address potentially hazardous situations.
Q: What is Reasonable Suspicion not meant for?
A: Reasonable Suspicion is not meant to prove the misuse of drugs or alcohol, diagnose a substance abuse issue, or provide substance abuse expertise and counselling.
Q: What is the criteria for confirming whether a suspicion of impairment is reasonable?
A: Reasonable Suspicion must be founded in objective observations.
Q: What should be defined in my Drug Testing Policy?
A: Organizations should ensure that cause for Reasonable Suspicion is defined in their Testing Policy. Specific behaviours that may trigger testing should be identified within the Policy.
Q: What is the most important external resource to consult around the matter of Reasonable Suspicion?
A: Organizations should consult their legal counsel to ensure they are taking all the reasonable precautions to prepare themselves for a Reasonable Suspicion scenario.
Q: What constitutes a valid first-hand observation?
A: Observations are founded through what can be seen, heard or smelled.
Q: What are some examples of impairment indicators?
A: Impairment indicators include, but are not limited to; stumbling, shouting, erratic behaviour, safety violations, serious misconduct or reported use of a prohibited substance.
Q: What are we trying to rule out during the Reasonable Suspicion process?
A: Reasonable Suspicion is based on ruling out possible causes, not probable causes.
Q: Are there conditions that can mimic drug and alcohol use?
A: Some conditions that can produce similar behaviours to drug and alcohol use include, but are not limited to; Epilepsy, brain diseases or tumors, Parkinson's Disease, other neurological disorders and allergic reactions.
Q: If you believe there is cause for Reasonable Suspicion, what is the next step?
A: Seek out a second member of Management or HR to confirm your initial assessment. The second observer should perform their own first-hand observation of the employee.
Q: What should be done with the observations?
A: All observations must be properly documented to maintain a quality record of the Reasonable Suspicion process.
Q: Is it acceptable to initiate the Reasonable Suspicion process on a hunch?
A: No. Gut feelings, hunches, biases, general beliefs and stereotypes are not considered acceptable causes for Reasonable Suspicion.
Q: Can observations be made when an employee is off-duty?
A: No. Observations must be current and while the employee is at the workplace.
Q: What details should be included in the written record (observation report)?
A: Details that should be described in the report include; the nature of the cause for Reasonable Suspicion, who was present and why, a list of observable signs and symptoms that may indicate possible impairment, employee attitude and behaviour once addressed, a list of times and sequence of events, that the testing process was explained and the Policy was reviewed. If the employee refuses testing, document that you informed them of the potential consequences.
Q: Who should be present during the meeting with the potentially impaired employee?
A: Members of Management and HR should be present during the interview.
Q: If a potentially impaired employee cannot be dissuaded from operating their own vehicle, what should be done?
A: Call the police, informing them of the situation and providing them with as much information as possible.