1. Reasonable suspicion Drug/alcohol testing
Drug-Free Workplace Policy
Welcome to the Office of Human Resources training on reasonable suspicion drug and alcohol testing. Reasonable suspicion drug and alcohol testing is a component of the university policy number Drug-Free Workplace Policy.
Although it is not mandatory, it is helpful if you have familiarized yourself with the following items before beginning this training:
the Drug-Free Workplace Policy 7.30
the Reasonable Suspicion Testing Process
the Reasonable Suspicion Testing Checklist
the Reasonable Suspicion Testing Consent Form
These documents can be found on the website located at hr dot osu dot edu slash policy.
Reasonable suspicion Drug/alcohol testing

2. What does the policy say?
The university supports and maintains a drug-free working and living environment to provide for the health and safety of students, employees, and visitors. This policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of alcohol, illegal drugs, intoxicants, or controlled substances; inappropriate use of prescription drugs at work; unauthorized use of alcohol by university employees on university premises or in university vehicles on or off campus; and working under the influence of alcohol or while unlawfully using controlled substances.
Let’s begin with a look at what the Drug-Free Workplace Policy says.
The university supports and will maintain a drug-free working and living environment to provide for the health and safety of students, employees, and visitors.
This policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of alcohol, illegal drugs, intoxicants, or controlled substances. It prohibits the inappropriate use of prescription drugs at work. It prohibits the unauthorized use of alcohol by university employees on university premises or in university vehicles on or off campus. And finally, the policy prohibits working under the influence of alcohol or while unlawfully using controlled substances.

3. What is “reasonable suspicion” testing?
Testing that is conducted after there is reasonable cause for suspicion of using or being under the influence of drugs or alcohol while at work.
You may have heard or be familiar with the term “reasonable suspicion”.
Reasonable suspicion for application of this policy is an assessment made by a "reasonable person" who reasonably believes or “suspects” that another person is in violation of the drug-free workplace policy.
So then, what is reasonable suspicion testing?
Reasonable suspicion testing is that testing which is conducted after there is reasonable cause for suspicion that an employee is using or is under the influence of drugs or alcohol while at work.

4. What is “reasonable suspicion” testing?
Testing based upon observable signs and symptoms of possible drug/alcohol use
Testing conducted during a time when individual exhibits signs and symptoms
Not based upon second hand reports
Decision to test made by 2 supervisors who concur
It is also testing which is based upon observable signs and symptoms of possible drug or alcohol use.
It is testing which is conducted during a time when an individual exhibits those signs and symptoms.
Reasonable suspicion testing is not based solely upon second hand reports of a potential policy violation.
And finally, the decision to test is made by two supervisors who concur that there is reasonable suspicion that a policy violation has occurred.

5. What is the process? Observation/Documentation (two supervisors)
Collective Bargaining Agreement considerations
Notification to individual
Consent or Refusal to consent
Specimen Collection
Transportation
HR notification
Test Results
In the next few slides, we will examine the “process” for reasonable suspicion testing.
The reasonable suspicion drug and alcohol testing process involves two supervisors.
We’ll talk about observing behavior and documenting the observed behavior.
We’ll move on to any considerations that must be followed for employees that are covered under a collective bargaining agreement.
You’ll learn about providing notification to a suspected individual.
We’ll discuss what happens when the employee either consents to the testing or refuses to consent to the testing.
We’ll share information about the specimen collection process.
We’ll discuss how we transport a suspected individual to a specimen collection facility and how that individual will be sent home from work.
And finally, we’ll discuss the importance of notifying your unit’s Human Resources department and how test results are reported.

6. Observation/Documentation
When a supervisor is notified an individual may be in violation of the Drug-Free Workplace Policy, the supervisor must observe the individual’s behavior and immediately complete the Reasonable Suspicion Testing Checklist. If the supervisor believes there is reasonable suspicion the individual may be in violation of the policy, the supervisor must contact their manager (if unavailable, another witness such as a supervisor, manager, or human resource professional must be utilized). The second witness must also observe the individual’s behavior and complete a separate Reasonable Suspicion Testing Checklist.
Testing for reasonable suspicion begins when a supervisor becomes aware that an individual may be in violation of the drug-free workplace policy. This awareness could come from first hand observations or from a report from a third party.
When a supervisor becomes aware that an individual may be in violation of the policy, the supervisor must observe the individual’s behavior and immediately complete a copy of the Reasonable Suspicion Testing Checklist.
If, after observing the individual, the supervisor believes there is reasonable suspicion the individual may be in violation of the policy, the supervisor must contact his or her manager. If the manager is unavailable, another witness must be utilized. This could include another supervisor, manager, or human resources professional.
The second witness must also observe the individual’s behavior and complete a copy of the Reasonable Suspicion Testing Checklist.

7. Observation/Documentation
This is a copy of the Reasonable Suspicion Testing Checklist. A copy can be found on the website located at hr dot osu dot edu slash policy.

8. Observation/Documentation
After completing the Reasonable Suspicion Testing Checklist, if the supervisor and witness believe the individual may be in violation of the policy, the supervisor and witness must escort the individual to an area where a conversation with the individual can be held in private. When feasible, an OHR Employee and Labor Relations Consultant must be consulted.
Once the supervisor and witness have observed the individual and each has completed a copy of the Reasonable Suspicion Testing Checklist, they should determine if they both believe the individual may be in violation of the Drug-Free Workplace Policy. If they believe the individual may be violation of the policy, they must escort the individual to an area where a conversation can be held in private.
When feasible, an Employee and Labor Relations Consultant from the Office of Human Resources should be consulted.

9. Both the supervisor and a second witness:
Two Witnesses
Both the supervisor and a second witness:
involved in all steps of the process
fully document the events immediately
From this point forward, both the supervisor and the witness must be involved in all steps of the process and must fully document the events immediately.

10. Employees covered by a CBA
If the employee is covered under a collective bargaining agreement and the employee requests steward representation, the employee will have the right to consult with a union steward. If requested, up to one half hour will be made available to obtain this consultation.
If the individual is covered under a collective bargaining agreement and requests steward representation, the employee will have a right to consult with a union steward.
If the individual requests a union steward, up to one half hour will be made available to obtain this consultation. If necessary, this consultation can occur by phone.

11. Notification to Individual
The supervisor will
Inform individual of a potential violation of the Drug-Free Workplace Policy
Inform individual of supervisor and witness observations
Ask individual to offer an explanation of the observed behaviors
“What explanation do you have for these behaviors?”
Both supervisor and witness will document the conversation (including a note if the individual declined to comment).
It is now time to notify the individual of the observations of their behavior and obtain their explanation for the behavior.
We start this process with the supervisor informing the individual that he or she may be in violation of the university’s Drug-Free Workplace Policy.
Next, the supervisor informs the individual of the observations made by the supervisor and the witness.
Then, the supervisor asks the individual to offer an explanation of the observed behaviors. This can be phrased by asking something along the lines of “What explanation do you have for these behaviors?”
Both the supervisor and witness should immediately document the conversation including any explanation offered by the individual. If the individual declines to comment, that should be noted as well.

12. Notification to Individual
If both supervisor and witness believe the individual is in violation of the Drug-Free Workplace policy:
Inform employee they believe he/she is in violation of the policy
Ask individual to submit to a reasonable suspicion drug/alcohol test
Ask individual to sign and complete the Reasonable Suspicion Testing Consent Form (i.e., CONSENT FORM) indicating the individual’s consent or refusal to the screening
If after hearing the individual’s explanation of their behavior, the supervisor and the witness still believe the individual is in violation of the policy, the supervisor will inform the individual that he or she may be in violation of the policy and ask the individual to submit to a reasonable suspicion drug and alcohol test.
Next, the supervisor will ask the individual to read the Reasonable Suspicion Testing Consent Form, complete the appropriate spaces on the form, and ask the individual to sign in the appropriate spaces indicating the individual’s consent or refusal to the testing.

13. Notification to Individual
“At this time, we believe you are in violation of the Drug-Free Workplace Policy and are requesting that you submit to a reasonable suspicion drug/alcohol test. This test will involve screenings to detect the presence of alcohol or drugs in your system. A positive test could result in corrective action, up to and including termination of your employment. Please read this consent form and sign in the appropriate area to indicate either your consent to or your refusal to the test. Failure to submit to and/or complete this testing may lead to corrective action, up to and including termination of your employment.”
If the individual is 17 years of age or younger, the parent or guardian must be contacted to provide consent.
Requesting consent can be asked by stating something along the lines of the following:
At this time, we believe you are in violation of the Drug-Free Workplace Policy and are requesting that you submit to a reasonable suspicion drug/alcohol test. This test will involve screenings to detect the presence of alcohol or drugs in your system. A positive test could result in corrective action, up to and including termination of your employment. Please read the consent form and sign in the appropriate area to indicate either your consent to or your refusal to the test. Failure to submit to and/or complete this testing may lead to corrective action, up to and including termination of your employment.
Please note that if the individual is 17 years of age or younger, the parent or guardian must be contacted to provide consent.

14. Consent Form
This is a copy of the Reasonable Suspicion Testing Consent Form. A copy can be found on the website located at hr dot osu dot edu slash policy.

15. Individual Refuses Testing or Individual Consents to Testing
At this point, the individual has two choices. They can either refuse to submit to the testing or they can consent to the testing.
Let’s first examine the process to follow when an individual refuses to submit to the testing.

16. Individual Refuses Testing
Tell individual that refusal to submit to and complete the testing could subject them to corrective action up to and including termination of employment
Again – ask individual to submit to the testing
If the individual again refuses, inform individual that the refusal could subject them to corrective action and inform the individual to report to duty at their next assigned shift
If the individual states they refuse to submit to the testing, the supervisor will inform the individual that refusal to submit to and complete the testing could subject them to corrective action, up to and including termination of employment.
The supervisor will then ask the individual once again to submit to the testing.
If the individual refuses a second time, the supervisor will inform the individual that the refusal could subject them to corrective action and instruct the individual to report to duty at their next assigned shift.

17. IndividualRefuses Testing
Instruct individual to make arrangements to be taken home safely
If individual insists upon driving, inform individual that both campus and local police may be notified and again instruct the individual to make arrangements to get home safely
If the individual refuses, supervisor may obtain vehicle information and notify campus and local police that the caller is the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle
The supervisor will then instruct the individual to make arrangements to be taken home safely.
If the individual insists upon driving, the supervisor should inform the individual that both campus and local police may be notified. Then, again instruct the individual to make arrangements to get home safely.
If the individual refuses a second time, the supervisor may obtain vehicle information. The supervisor may then notify campus and local police that they are the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle.

18. Individual Refuses Testing
Report refusal to unit HR as soon as possible
Provide original copies of checklists, consent form, and other documentation to unit HR
Unit HR must notify their OHR Employee and Labor Relations Consultant as soon as possible
As soon as possible, the supervisor must report the incident and the refusal to complete the reasonable suspicion drug and alcohol test to unit Human Resources.
The supervisor must provide unit Human Resources with the original copies of checklists, the consent form, and any other relevant documentation.
Unit Human Resources must then notify their Office of Human Resources Employee and Labor Relations Consultant as soon as possible.

19. Individual Consents to Testing
Once individual consents to testing
Supervisor contacts and informs the appropriate specimen collector that they are the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual will be transported to the specimen collection location for a drug/alcohol test screening.
Now, let’s look at the process to follow once an individual consents to testing.
The drug and alcohol test involves the collection of both a breath and a urine specimen.
The supervisor will contact the appropriate specimen collector and inform the specimen collector that they are the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy. The supervisor will further inform the specimen collector that the suspected individual will be transported to the designated collection location for a breath and urine specimen collection.

20. Individual Consents to Testing
Immediately fax a copy of the completed Reasonable Suspicion Testing Checklists, Consent Form, and any other relevant documentation to attention of “MEDICAL REVIEW OFFICER”
The supervisor and witness will transport the individual to the collection location
If there is a safety concern, contact the University Police at and a request will be made for an officer to follow the transporting vehicle containing the supervisor, manager and individual

21. Individual Consents to testing
A complete list of specimen collection locations can be found in the Reasonable Suspicion Testing Process document. This document can be found on the website located at hr dot osu dot edu slash policy.

22. Individual Consents to Testing
Supervisor and witness remain with the individual while at the collection location.
If individual refuses to cooperate in the testing process, supervisor must tell individual that refusal to submit to and complete the testing will subject them to corrective action up to and including termination of employment.
If after reasonable efforts have been made to enable the individual to provide a breath or urine specimen and the individual is unable to do so, an evaluation by Employee Health Services or other surrogate medical personnel (Dr. Paul Kirk – pager) is to be conducted to establish medical impediment to providing a specimen. If no medical impediment exists, it is considered a refusal to test.
The supervisor and witness will remain with the individual at the collection location until the specimen collection process has completed.
If the individual refuses to cooperate in the testing process, the supervisor must tell the individual that refusal to submit to and complete the testing will subject the individual to corrective action up to and including termination of employment.
If after reasonable efforts have been made to enable the individual to provide a breath or a urine specimen and the individual is unable to do so, an evaluation by Employee Health Services or other surrogate medical personnel is to be conducted to establish if there is a medical impediment to providing a specimen. Doctor Paul Kirk can be reached by paging him at six one four seven seven zero eight zero nine four.

23. Individual Consents to Testing
Inform the individual to report to duty at their next assigned shift
Instruct employee to make arrangements to be taken home safely
If individual insists upon driving, inform individual that both campus and local police may be notified and again instruct the individual to make arrangements to get home safely
If the individual refuses, supervisor may obtain vehicle information and notify campus and local police that the caller is the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle
Once the collection process has completed, the supervisor will inform the individual to report to duty at their next assigned shift and then instruct the individual to make arrangements to be taken home safely.
If the individual insists upon driving, the supervisor should inform the individual that both campus and local police may be notified. Then, again instruct the individual to make arrangements to get home safely.
If the individual refuses a second time, the supervisor may obtain vehicle information. The supervisor may then notify campus and local police that they are the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle.

24. Individual Consents to Testing
Report incident to unit HR as soon as possible
Provide original copies of checklists, consent form, and other documentation to unit HR
Unit HR must notify their OHR Employee and Labor Relations Consultant as soon as possible
As soon as possible, the supervisor must report the incident and the reasonable suspicion drug and alcohol test to unit Human Resources.
The supervisor must provide unit Human Resources with the original copies of checklists, the consent form, and any other relevant documentation.
Unit Human Resources must then notify their Office of Human Resources Employee and Labor Relations Consultant as soon as possible.

25. Test Results
Test results will be reviewed by the Medical Review Officer (MRO)
MRO will determine if a policy violation occurred
MRO will forward determination (“positive” or “negative”) to the OHR employment law and compliance manager
OHR will work with the college/unit senior human resource professional to determine next steps
The test results will be reviewed by the Medical Review Officer (MRO).
The MRO will determine if a policy violation occurred.
The MRO will forward a determination to the Office of Human Resources employment law and compliance manager.
The Office of Human Resources will work with the college or unit senior human resources professional to determine next steps.

26. Final Thoughts
If an individual refuses to sign the CONSENT FORM but agrees to submit to and complete the specimen collection process, this would not be considered a “refusal” and should not be reported as such. The remainder of the process should be followed as if the employee had provided consent.
Establish how your department will provide back up witnesses to supervisors during evenings, weekends, and holidays. (such as call lists, on call lists, etc.)
The goal of this policy is to maintain a SAFE working and living environment. The intent is not to police behavior.
In closing . . .
If an individual refuses to sign the CONSENT FORM but agrees to submit to and complete the specimen collection process, it would not be considered a “refusal” and should not be reported as such. The remainder of the process should be followed as if the employee had provided consent.
Departments should establish the procedures for back up witnesses to supervisors during evenings, weekends, and holidays. This could involve call lists, “on-call” lists, et cetera.
Ultimately the goal of the policy is to maintain a safe working and living environment. The intended goal of the policy is not to police behavior.

27. Reasonable Suspicion Drug/Alcohol Testing
QUESTIONS ?
Contact your unit HR department or
your OHR Employment and Labor Relations Consultant
Questions relating to the Drug-Free Workplace policy or this process should be directed to your unit’s human resources staff or to your Office of Human Resources Employment and Labor Relations Consultant.