Reasonable Suspicion Test Clause Samples

The Reasonable Suspicion Test clause establishes a standard for determining when certain actions, such as drug or alcohol testing, may be initiated based on observable evidence or behavior. In practice, this clause allows an employer or authority to require testing if there are specific, articulable facts or incidents that suggest an individual may be under the influence or violating policy. Its core function is to provide a fair and objective threshold for intervention, balancing the need for workplace safety or compliance with the protection of individual rights against arbitrary or unjustified testing.
Reasonable Suspicion Test. Tests shall be conducted when a supervisor or District official trained in accordance with law has reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the driver’s appearance, speech or body odors. The observations may include indications of the chronic and withdrawal effects of controlled substances. a. Individuals designated to determine whether reasonable suspicion exists must receive at least 60 minutes of training that covers the physical, behavioral, speech and performance indicators of alcohol issue and an additional 60 minutes of training that covers these indicators of controlled substance use. b. Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before or just after the period of the workday when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the District shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after eight hours. (49 CFR 382.307.) c. A supervisor or District official who makes observations leading to a controlled substance reasonable suspicion test shall make a written record of his/her observations within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier. (49 CFR 382.211.)
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Reasonable Suspicion Test. A district administrator shall drive this employee to the 20 testing facility.
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Reasonable Suspicion Test. All employees in the covered positions listed in Section II may be required to submit to a reasonable suspicion alcohol and/or drug test.
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Reasonable Suspicion Test. An employee will be required to submit to an alcohol test and/or drug test when a supervisor, who has been trained as required by the Act, has a reasonable suspicion that the employee is impaired from alcohol and/or a drug, or is under the influence of alcohol and/or a drug, or is using alcohol and/or a drug in violation of this Policy. Reasonable suspicion shall be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. i) Reasonable suspicion must be personally observed and documented by at least one Village supervisor who has received training covering the physical, behavioral, speech and performance indicators of probable drug or alcohol use. A second trained supervisor who is reasonably available must confirm the reasonable suspicion determination. Supervisors shall use the form entitled "Order to Submit to Drug or Alcohol Testing" to order an employee to be tested for drugs or alcohol and to document the basis or bases for the reasonable suspicion to test. Employees ordered to take a drug or alcohol test for reasonable suspicion shall be driven to the testing facility by a supervisor. ii) Employees requested to undergo an alcohol test should be administered such test within two hours of the observation leading to the reasonable suspicion. If tested after two hours the VILLAGE must document the reasons for the delay in testing. If the test is positive, the employee shall be either driven home or back to the work place where the employee may contact another person to take the employee home. iii) Employees tested for reasonable suspicion shall not be eligible to return to work until a negative test result is determined. Employees testing positive shall not be compensated for the time directly attributable to the request to take the test or directly attributable to the testing and shall not be compensated for the remainder of the shift following the incident giving rise to the test nor for any shift missed between the time of the test and the time the VILLAGE is notified of the positive test result. Employees testing negative shall be compensated for the time directly attributable to the test and for any shift missed awaiting the negative result.
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Related to Reasonable Suspicion Test

  • Reasonable Suspicion Testing All Employees Performing Safety-Sensitive Functions A. Reasonable suspicion testing for alcohol or controlled substances may be directed by the Employer for any employee performing safety-sensitive functions when there is reason to suspect that alcohol or controlled substance use may be adversely affecting the employee’s job performance or that the employee may present a danger to the physical safety of the employee or another. B. Specific objective grounds must be stated in writing that support the reasonable suspicion. Examples of specific objective grounds include but are not limited to: 1. Physical symptoms consistent with alcohol and/or controlled substance use; 2. Evidence or observation of alcohol or controlled substance use, possession, sale, or delivery; or 3. The occurrence of an accident(s) where a trained manager, supervisor or lead worker suspects alcohol or other controlled substance use may have been a factor.

  • Reasonable Suspicion a. Reasonable suspicion to test a Covered Employees for illegal drugs or alcohol will exist when specific, reliable objective facts and circumstances would create a good faith belief in a prudent person that the employee has used a drug or alcohol. Such circumstances include, but are not limited to, the employee’s behavior or appearance while on any SFMTA jobsite, while on SFMTA business or in SFMTA facilities, and recognized and accepted symptoms of intoxication or impairment caused by drugs or alcohol, that are not reasonably explained by other causes such as fatigue, lack of sleep, proper use of prescription drugs, or reaction to noxious fumes or smoke. b. Any individual or employee can report an employee who may be under the influence of alcohol or drugs. Upon receiving a report of possible alcohol or illegal drugs on the job, two (2) trained employer representatives will verify and document the basis for the suspicion and request testing. The first employer representative shall verify and document the employee’s appearance and behavior based on the above-stated indicators and, if appropriate, recommend testing to the second employer representative. At work locations within the border of the City and County of San Francisco (including San Francisco International Airport), the second employer representative shall verify and document the appearance and behavior of the employee based on the above-stated indicators and has final authority to require the employee to be tested. At work locations outside the border of the City and County of San Francisco, the second employer representative shall confer with the first employer representative to verify the employee’s behavior based on the above- stated indicators, and the second employer representative has the final authority to require the employee to be tested. In the event only one trained employer representative is available onsite, the representative shall confer with any other trained employer representative within the City to verify the employee’s behavior. The second trained employer representative shall have the final authority to require the employee to be tested. c. If the SFMTA requires an employee to be tested under reasonable suspicion, then the employee may ask for representation. Representation may include, but is not limited to, union representatives and shop stewards. If the employee requests representation, the SFMTA may allow a reasonable amount (a maximum of one hour) of time for the employee to obtain representation. Such request shall not delay the administration of the tests for more than one hour from the time the employee is notified that the employee will be tested. d. Moreover, if the SFMTA has reasonable suspicion or suspect that a prescription medication may have interfered with or may have had a direct impact on an employee’s job performance, it may require that employee to be tested. e. The department representative(s) shall be required to accurately document and file the incident and the employee shall be required to complete a consent form prior to any testing. If an employee refuses to Submit to testing, then the SFMTA shall treat the refusal as having tested positive and shall immediately take appropriate disciplinary action pursuant to the attached discipline matrix. f. The SFMTA shall bear the costs for any required testing for alcohol and/or drugs under this section. Any counseling and rehabilitation services shall be on the employee’s time and at the employee’s cost, except that employees may use accrued paid time off to attend treatment and may utilize any resources covered by insurance. Employees shall have the right to use any accrued but unused leave balances while enrolled in any counseling or rehabilitation program. Any request by an employee to re-test a specimen shall be at the employee’s cost.

  • Reporting of Non-Force Majeure Events Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.