Reasonable Suspicion Tests. Any qualified supervisor or District Administrator who has reasonable suspicion to believe that an Employee has violated the Alcohol or Drug prohibitions of the District shall require the Employee to submit to the appropriate testing. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the Employee. The observations may include indications of the chronic and/or withdrawal effect of Drugs or Alcohol. Alcohol testing is authorized for reasonable suspicion only if the required observations are made just before, during or just after the period of the Employee’s work assignment. An Alcohol test may not be conducted by the person who determines reasonable suspicion exists to conduct such a test. If an Alcohol test is not administered within two (2) 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 (8) hours, and the District will state in the record the reasons for not administering the test. Drug testing shall include documentation by a supervisor or District administrator who makes a finding of reasonable suspicion. He or she shall create a written record of his or her findings leading to a reasonable suspicion Drug test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier. When an Employee is required to perform a Drug or Alcohol Test off-site under this Section, the District shall provide transportation for the Employee to and from the testing facility.
Reasonable Suspicion Tests. 1. Tests shall be conducted when a supervisor or District official trained in accordance with law has reasonable suspicion that the covered worker has violated the District's alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the worker's appearance, behavior, speech or body odors. The observations may include indications of the chronic and withdrawal effects of controlled substances.
2. Reports of drug or alcohol use or aberrant behavior which are not confirmed by a supervisor or a trained District official shall not constitute reasonable suspicion.
3. Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before or just after the period of the work day when the worker must comply with alcohol prohibitions. 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.
4. 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 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier. One copy of this document shall be given to the worker and a copy provided to the Union.
5. The person who makes a reasonable suspicion determination regarding alcohol cannot conduct the test.
Reasonable Suspicion Tests. 19.11.7.1 An alcohol or drug test shall be conducted if a supervisor or MCOE official trained in accordance with law has reasonable suspicion that a driver has violated alcohol or drug prohibitions. This reasonable suspicion shall be based on specific, contemporaneous, articulable observations concerning the driver’s appearance, behavior, speech or body odors. The observations may include indications of the chronic and withdrawal effects of controlled substances.
19.11.7.2 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. The person who determines that reasonable suspicion exists to conduct such a test may not conduct an alcohol test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, MCOE shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after eight hours.
Reasonable Suspicion Tests. All supervisors of covered employees and the Superintendent or designee will follow procedures outlined in the Districts’ Controlled Substance and Alcohol Testing Program Handbook and shall be responsible for the administration of reasonable suspicion tests. The supervisor or district official shall inform the employee of the facts upon which the reasonable suspicion is based, advise the employee that the supervisor wishes to question the employee about the employee’s behavior or conduct on which the reasonable suspicion is based, and advise the employee that he/she has the right to request a union representative before answering the supervisor’s questions. If the employee chooses to be represented, the union representative will be allowed up to one-half hour to arrive. If no union representative is available within one-half hour, the supervisor shall continue the procedure. Employees who are tested for controlled substances under Reasonable Suspicion shall be assigned to alternate duties to the extent such duties are available and if the employee is able to perform them, pending the results of the test. If, in the District’s opinion, alternate duties are not available or if the employee is not able to perform duties which are available or is, in the supervisor’s judgment, a safety risk to the employee or to others or is disrupting the workplace, the employee will be placed on appropriate leave and escorted home. The Superintendent or designee shall ensure that an employee under reasonable suspicion is transported to the designated collection or testing site.
Reasonable Suspicion Tests. Tests must be conducted when a supervisor or other administrator, who has been trained according the requirements of the Testing Act, has reasonable suspicion to believe that the driver has violated the Board's alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations including, but not limited to, the driver’s appearance, behavior, speech or body odors. The observations may include indications of chronic drug or alcohol use and/or withdrawal effects of controlled substances. Documentation of the grounds for reasonable suspicion must be made and signed by the supervisor/administrator and given to the driver within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earlier. If an alcohol test is not administered within two (2) hours or a drug test is not administered within thirty-two (32) hours of a determination of reasonable suspicion, the Board shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests will terminate after eight (8) hours of a determination of reasonable suspicion. Any driver who does not permit such drug and/or alcohol testing or make himself/herself reasonably available for such testing is considered to have refused to take such tests. An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test. If reasonable suspicion exists but a breath alcohol test or drug test cannot be administered, the driver shall be removed from performing safety- sensitive duties for at least twenty-four (24) hours.
