Looking at signs and symptoms of possible substance use on a checklist used for reasonable suspicion, it seems that employees could refute many of the items as unrelated to drug or alcohol use. I am referring to words like “unsteady or disheveled.” What can supervisors do?
There is no need to argue about what you observe and what it means, but be sure to create effective documentation. Referral to reasonable suspicion testing does not require you to be certain of substance use prior to the test, only to properly document the possible signs and symptoms that support the referral. Key is considering all the categories of signs and symptoms, not just one, prior to meeting with an employee and referring to testing. These other areas of evidence are speech, odor, the employee’s awareness (for example, disoriented, paranoid, or hyperactive), attitude and demeanor (combative, talkative, giddy, etc.) and changes in motor skills (such as shakiness, swaying, or unsteadiness). Don’t simply check a list of signs and symptoms, but add other measurable and quantifiable observations that reinforce what you check. For example, “The employee was unsteady, speaking to me in the parking lot while leaning against a car.”