In some communities, local law enforcement may be available to conduct an alcohol breath test. For controlled substances, the least intrusive test is urinalysis. The least intrusive test for alcohol is a breath test. If the employee declines to consent to alcohol or controlled substance testing: document the incident, place the employee on administrative leave and arrange for transportation home (do not let them drive their own vehicle). If they say “no,” ask the employee to consent to drug or alcohol testing in order to disprove the suspicion.

If they say “yes,” ask them when and what they ingested and document the employee’s statements. Inform the employee of your suspicion and ask the employee whether they are under the influence of alcohol or a controlled substance. If the observable facts support a conclusion that the employee is under the influence of alcohol or a controlled substance, a more intrusive search might be conducted.Ī lawful search can always be conducted with the employee’s consent.

Thus, an initial examination must be minimally intrusive.

The scope and intrusiveness of such a meeting must be reasonably related to the objective of the search. In the case of a controlled substance, visual examination by a trained observer is necessary to establish “reasonable suspicion.” A trained observer, such as a law enforcement officer or Transportation Supervisor, may observe the employee to corroborate lay person observations. In the case of alcohol, 'reasonable suspicion' may be established by lay person observation. Before doing so, document the facts (odor, speech, balance, eyes, etc.) which are the basis for your suspicion.

The protections that most public employees enjoy from drug and alcohol testing principally derive from the prohibitions against: (1) 'unreasonable searches and seizures' and (2) 'unwarranted invasion of personal privacy.' Your response is partly determined by whether the employee appears to be under the influence of alcohol or a controlled substance.Īn employee can be required to meet with a supervisor in order to determine whether the employee is under the influence of alcohol or a controlled substance. We are often asked by clients how to respond when an employee at work is suspected to be under the influence of an intoxicant or controlled substance.

Shrm reasonable suspicion drug testing