1. Reasonable Suspicion Education
Oregon Department of Corrections
BIO-MED Testing Service Inc. Salem, Oregon
(503)

2. Oregon D.O.C. Presentation by DOC Personnel
Specific Requirements and SOP

3. The role of the Third-Party Administrator (TPA)
Stand in the shoes of the employer
Independent quality assurance
Defensibility of all aspects of testing
Expert help available 24/7
Help with Policy, Education, Hearings, Arbitration- neutrality
Help protect employee rights to fair, accurate tests

4. Why Are We Here? Objective What is Reasonable Suspicion Testing?
Drug and Alcohol Effects
Testing Processes and Procedures
Understanding DOC Policy and Practices
Myths and misconceptions
Tampering Issues

5. Reasonable Suspicion Testing
NOT PROBABLE CAUSE TESTING
Testing based upon observable signs and symptoms of possible drug/alcohol use
Testing conducted during a time when employee exhibiting S/S
No second hand reports, no voluntary collection
Determinations made only by 2 trained supervisors who concur

6. Let’s Look at the Drugs Marijuana Cocaine
Amphetamines/ Methamphetamines
Opiate
Phencyclidine
Alcohol

7. Drug Detection Times Marijuana 15-120 days Cocaine 1-3 days
Amphetamines/ meth days
Opiates days
Phencyclidine days
Alcohol drink/ hour

8. Physical Signs and Symptoms ALCOHOL
Consumption and Excretion
1 Drink= 1 beer, 1 mixed drink, 1 glass wine all equal same ethanol amount 0.02%
Average Male under 50 can process 1 drink (0.02) per hour
2 beers in 1 hour before work= %
Prohibited level in your workplace is 0.02%
DOT prohibited level is 0.02%
Can be arrested in your personal car for “driving under the influence” at if you show impairment.
Driving Intoxicated is 0.08 or higher in Oregon

9. Physical Signs and Symptoms ALCOHOL
BrAC of 0.10%
Diminished vision, decreased reaction time, loss of judgment and mental impairment
BrAC of 0.15%
Confused, unsteady movements, difficult balance and slurred speech

10. Physical Signs and Symptoms ALCOHOL (continued)
BrAC of 0.25% or higher
Nearing impaired consciousness
May not respond
BrAC of 0.40% or higher
Death may occur

11. Physical Signs and Symptoms ALCOHOL (continued)
Speech Indicators
Abnormal or Slurred – Does the speech pattern make sense?
Slowed or exaggerated speech- Does it take a long time to answer a simple question?
Nonsensical Speech Patterns- Is the speech coherent and understandable?

12. Physical Signs and Symptoms ALCOHOL (continued)
General Awareness
Short attention span
Impaired- overestimates distance and underestimates speed
Clumsiness
Distorted sense of time
Exaggerated sense of physical capabilities

13. Conditions that Mimic Alcohol Misuse
Diabetes
Epilepsy
Trauma
Brain Diseases or tumors
Parkinson’s Disease
Other neurological disorders
Allergic reaction to prescriptions

14. Physical Signs and Symptoms DRUGS
Marijuana
Reddened Eyes (use of eye drops)
Slowed Speech
Distinctive Odor on clothes
Lackadaisical, “I don’t care” attitude
Chronic fatigue and lack of motivation
Irritating cough, chronic sore throat

15. Physical Signs and Symptoms DRUGS (continued)
Marijuana- Mental Functioning
Delayed decision making
Diminished concentration
Apathy
Impaired signal detection- ability to detect a flash of light
Impaired tracking- ability to follow moving objects with eyes
Distortions in time estimation
Paranoia
“Acute Brain Syndrome” memory, sleep, cognitive

16. Physical Signs and Symptoms DRUGS (continued)
Cocaine
Financial problems- going down in price
Frequent- extended absences
Increased physical activity and fatigue
Isolation and withdrawal from friends and routine activities
Secretive behaviors- non-business visitors, phone calls…
Unusual defensiveness, anxiety and agitation
Wide mood swings
Runny or irritated nose
Difficulty in concentration

17. Physical Signs and Symptoms DRUGS
Cocaine…..
Dilated pupils and visual impairment
Restlessness and aggressive behavior
Formication- (feeling of bugs on skin)
High Blood pressure, heart palpations, irregular rhythm
Hallucinations

18. Physical Signs and Symptoms DRUGS
Opiates
Narcotic Drugs- Heroin, Demerol, Methadone, Morphine, Codeine, Oxycotine, Vicodin….
Signs and Symptoms
Mood changes
Impaired mental functioning and alertness
Constricted pupils
Depression and apathy
Impaired coordination
Insomnia, fatigue and drowsiness
Nausea, vomiting and constipation

19. Physical Signs and Symptoms DRUGS
Amphetamines
Hyperexcitability, restlessness
Loss of appetite
Dilated pupils
Increased heart rate and blood pressure
Heart palpitations and irregular beats
Profuse sweating
Rapid respiration
Confusion, panic
Talkativeness
Speech disturbances

20. Self Reporting
The DOC strongly encourages self-reporting of drug or alcohol problems
If employee is asked for a Reasonable Suspicion test- it is too late for “self-reporting”
The request for help must be prior to a serious performance problem or accident

21. What Events Can Trigger Reasonable Suspicion?
Deteriorating job performance
Conflicts with others
Change in appearance or behavior
Change in hygiene practices

22. Let’s Review the Checklist
Observable Signs and Symptoms
Short-term indicators
Recent serious event
Long-term indicators
Patterns of behavior developed over time

23. If You Have Reasonable Suspicion, What’s Next?
Know what the employee is doing at the time- is it safe?
Consult with another trained supervisor
Contact your Human Resources Manager
Arrange transportation to test site
Review DOC Drug Policy and Collective Bargaining Agreement
Have BIO-MED Collection Site List ready
Document basic facts or circumstances

24. Approaching the Employee
Remember confidentiality and privacy
ASK if they want union steward present- no delay
Tell employee this is to determine if safe to work;
Reasonable suspicion test is requested based upon observable signs and symptoms; use the checklist!
Explain DOC procedure, policy and process
Transport ASAP

25. What to Expect...
D don’t
E even
N know
I i
A am
L lying

26. Other Considerations
If after hours/weekends- check collection site list to determine if after-hours services listed.
If not, CALL BIO-MED IMMEDIATELY TO SET UP A COLLECTION
NEVER USE A NON-APPROVED CLINIC!
Do not allow a collection site to make you wait for a test
“Shy Bladder” allow 3-hours to void
In uniform, consider using side door of clinic

27. What to Document Employee explanation for signs and symptoms
Employee attitude and behavior at interview
Times and sequence of events
Who was present and why
That the testing process and procedure was explained and policy reviewed
If refusal, informed of consequences
If refusal, they should not drive car off DOC property

28. General Guidelines Do not let the employee out of sight
Try not to let employee use restroom!
Expect the unexpected
Remember confidentiality
Breathalyzer for alcohol testing?!
Don’t argue- you can’t win

29. What if…
The employee is being treated at a hospital and you believe the accident may have been caused by drug/alcohol use?
If at authorized Collection Site ask them to conduct a Drug/Alcohol test
If at another non-authorized facility, call BIO-MED to arrange a sample collection
If hospital refuses, CALL BIO-MED IMMEDIATELY!

30. Test Result Reporting
ONLY THE APPROVED D.E.R. (Designated Employer Representative) IS AUTHORIZED TO RECEIVE ALL RESULTS!
Drug test results automatically go from BIO-MED to DER
Breath test results must be faxed to Carla Perkins in HR (DOC’s DER) at
DO NOT ALLOW TECHNICIAN TO GIVE YOU THE BREATH TEST RESULTS
In emergency- Technician can call BIO-MED

31. Transporting Employee Home
Be safe
Best if 2 supervisors transport
Expect lots of stories
May be confrontational- Your safety is 1st!
May admit a drug or alcohol problem
If so, don’t make any assurances, it may be too late to “self-report.” Proceed with test regardless

32. When Back at Your Office
Assure HR is notified ASAP
Prepare full report including all check sheets and company required documentation;
Document employee behavior to and from test site as well as employee admissions;
Assure you document that employee was safely escorted home
Make sure BOTH supervisors have prepared documentation (check sheets etc.)

33. Common Supervisor Errors
Not following Policy and Collective Bargining Agreement
Using second-hand reports for R/S
Allowing employee to leave before test complete
Micromanagement- “Killing em with kindness”
Confidentiality Breech- Random
Allowing a urine or blood alcohol test
Allowing unauthorized technician/clinic to perform test

34. What About Prescriptions?
Employee should not be asked to disclose medications by you or at the collection site!
As long as the employee has a current valid prescription for a medication there’s nothing to worry about!

35. Testing Process To SAMHSA Certified Lab To Certifying Scientist
To Certified Medical Review Officer
MRO calls employee at home to verify
To Certified Substance Abuse Program Administrator
To DOC DER

36. The Effects of Drugs over time
Nov July Aug Mar
May Apr June Jan 1989
This is a series of arrest photographs of the same individual taken over the course of 10 years. Some of the photos were taken at closer time intervals than others.
Note the radical difference between photos 6 & 7, taken less than 2 years apart.
Unfortunately, we do not have any photos prior to the first arrest to see the initial changes.
http//

37. 4 Issues that will BITE you

38. Bite You Lesson #1
Check out an employee “allegation” before taking it to the bank!
The Collector put some powdered substance in my sample
My sample got mixed up at the lab so the test was cancelled
I got my own test result the same day and it was negative

39. Bite You Lesson #2
Not Protecting Employee Identifiable Information from Identity Theft
Do not require employees to be tested using their Social Security Number- Should use other appropriate Identification Number such as employer ID or other unique number

40. Bite You Lesson #3 Roe V. Cheyenne Mountain Conference Resort (1997)
Policy required disclosure of prescription medications
Considered a “medical evaluation”
Violated A.D.A. Rule as “disability related”
EEOC joined in suit
Complainant then filed 2 additional state cases

41. Appellate Ct of ILL March 2006
Bite You Lesson #4
Wigginton v White
Appellate Ct of ILL March 2006
Lynnanne Wigginton’s Story….School Bus driver 24-years
She told Supervisor she never used, Supervisor allowed her to re-test at clinic a few days later
She brought in all her previous neg. test results
“Drug Test Unreliable”- reinstated with damages

42. Drug Testing Bite You Avoidance
Consistent practices and procedures
Remember Drug/Alcohol testing information is federally protected & highly confidential, especially for public employees
Engage H.R. in all disciplinary decisions-
Don’t become a Dog Bite Casualty

43. Medical Marijuana
If employee states they have a Medical Marijuana card, still conduct test
CALL H.R. FAST when any DOC employee reports use of Medical Marijuana! Do not engage in a conversation with employee/applicant on this topic

44. Myths and Misconceptions
Second-hand exposure
Poppy seeds, food substances
OTC medications, including alcohol
Herbal remedies -flushing
“Trace amounts”

45. Adulteration and Substitution Issues
7% of GNC sales- adulteration products
Urineluck.com
Hightimes.com
Urineaid, urineluck, wizzies, fizzies klear, turboclean, The urinator, freeze-dried urine, human urine catheterized
What’s next?

53. Questions and Answers