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.)
Reasonable Suspicion Test. A district administrator shall drive this employee to the 20 testing facility.
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.
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.