Reasonable suspicion testing is the most human of the test reasons. A supervisor has to decide, in the moment, that what they are seeing justifies a test, and then handle a difficult conversation. The rules exist to make that decision defensible and the process fair.
The standard
Reasonable suspicion is not a hunch. Under the DOT agency rules (FMCSA’s wording is used here), it must be based on specific, contemporaneous, articulable observations concerning the employee’s appearance, behavior, speech or body odor. Most Non-DOT policies use similar language. “He seemed off today” is not enough; “slurred speech, unsteady on the ladder, odor of alcohol at 10:15 a.m., witnessed by two supervisors” is.
Who can make the determination
Under DOT rules, only a supervisor or company official who has received the required reasonable suspicion training may make the determination. Under FMCSA rules, an alcohol-related observation must be made during, just before or just after the driver’s safety-sensitive duty; other agencies have comparable but not identical wording. Non-DOT policies should also name who can make the call and require training, because an untrained decision is the easiest thing to challenge.
Document before, not after
Write the observation down as soon as possible, with the time, the specific signs and the names of any witnesses. The documentation stays in the employer’s records; the collection service does not need it, but a future dispute will.
Handle the employee safely
Someone suspected of impairment should not be driving. Keep the employee in a private, safe place with a supervisor, explain calmly that a test is required under the policy, and call the collection service. A refusal to test is treated as a positive result under DOT rules and under most Non-DOT policies; document it if it happens.
Keep the collection discreet
A reasonable suspicion situation already has coworkers watching. A collector who arrives in an unmarked vehicle and plain attire, goes straight to the private room and completes the collection quietly keeps the situation from becoming a story. Discretion is about the workplace, not the donor: the collection itself is done openly with the employee and follows the documented procedure.
Which tests
DOT reasonable suspicion drug tests are currently urine collections; alcohol tests use an approved ASD or EBT for screening with EBT confirmation of any result of 0.020 or greater. Alcohol is tested first because it dissipates quickly. For FMCSA-regulated employers, if the alcohol test is not administered within 2 hours of the determination, the employer documents the reason, and attempts stop after 8 hours; check your agency’s rule if you are not FMCSA-regulated. Non-DOT programs may add rapid screening where the policy allows it, with laboratory confirmation of non-negatives.
See our reasonable suspicion testing page, or call 1-800-539-4934 when a supervisor has made the call.