Drug Testing: Reasonable Suspicion Documentation

Documenting objective evidence of reasonable suspicion that an employee may be under the influence of drugs or alcohol is a critical step in this process. By maintaining detailed and factual records of observations and incidents, HR can support justifiable actions while safeguarding the organization from potential liabilities. We have created a Reasonable Suspicion Documentation template that you can use to streamline your reporting process, ensuring consistent application of policies and protection for both employees and the organization.

Reasonable Suspicion Documentation Form

Company Name:

Location:

Date:

Time of Incident:

Employee Name:

Employee ID:

Supervisor/Manager Name:

Witness(es) Name(s):

1. Reason for Observation

Please select the reason(s) for initiating the observation:

• ☐ Employee's behavior appeared unusual or erratic
• ☐ Employee involved in an accident or near-miss
• ☐ Employee's work performance declined
• ☐ Received report or complaint from co-worker(s)
• ☐ Other (specify):

2. Physical Signs

(Check all observed signs that apply)

• Appearance:
  • ☐ Disheveled clothing
  • ☐ Excessive sweating or chills
  • ☐ Dilated or constricted pupils
  • ☐ Bloodshot eyes
  • ☐ Flushed or pale skin
  • ☐ Noticeable odor of alcohol or drugs
• Motor Skills:
  • ☐ Unsteady or staggered walking
  • ☐ Poor coordination
  • ☐ Tremors or shaking
  • ☐ Difficulty standing
  • ☐ Slurred or incoherent speech

3. Behavioral Signs

(Check all observed signs that apply)

• Mood and Attitude:
  • ☐ Irritability or agitation
  • ☐ Euphoria or unusually energetic
  • ☐ Depression or lethargy
  • ☐ Paranoia or confusion
  • ☐ Hostility or aggressiveness
• Attention and Awareness:
  • ☐ Difficulty concentrating
  • ☐ Extreme fatigue or drowsiness
  • ☐ Forgetfulness or absent-mindedness
  • ☐ Unable to follow instructions

4. Performance Issues

(Check all performance issues observed)

• ☐ Decline in productivity
• ☐ Carelessness in completing tasks
• ☐ Increased errors or accidents
• ☐ Failure to follow safety procedures
• ☐ Missed deadlines
• ☐ Inconsistent work quality

5. Specific Incident(s) Described

Provide details of the specific incident(s) leading to suspicion, including date, time, and nature of behaviors observed.

6. Employee’s Explanation (if applicable)

Document the employee’s response to any questions or concerns raised during the observation.

7. Action Taken

(Check the action(s) taken)

• ☐ Employee was sent for a drug test
• ☐ Employee was sent home
• ☐ Employee was referred to Employee Assistance Program (EAP)
• ☐ Employee was disciplined (specify action):
• ☐ No action taken (explain why):

8. Supervisor/Manager Signature:

Name:

Signature:

Date:

9. Witness Signature (if applicable):

Name:

Signature:

Date:

This documentation must be kept confidential and stored according to company policy.

Recognizing the Signs of Impairment

There are several categories of observable signs that may indicate drug use. Supervisors should carefully observe and record any of the following:

1. Physical Signs:

• Appearance: Bloodshot eyes, dilated or constricted pupils, disheveled clothing, sweating, unusual odor of alcohol or drugs, flushed or pale skin.
• Motor Skills: Unsteady walking, poor coordination, tremors, difficulty standing, or slurred speech.

2. Behavioral Signs:

• Mood Changes: Irritability, hostility, paranoia, unusual euphoria, or depression.
• Cognitive Changes: Difficulty focusing, forgetfulness, confusion, or inability to follow simple instructions.

3. Performance Issues:

• Decline in work quality, increased errors, lack of attention to safety protocols, or missed deadlines may all be signs of drug impairment.

Tip: Make sure you are not basing your documentation on stereotypes or personal judgments, but on specific, observable actions and behaviors.

Employee Interaction and Response

If appropriate, ask the employee about the behavior you have observed. Document their response verbatim. For example:

• "When asked about slurred speech, the employee said they were just tired."

Avoid accusations and focus on gathering information. The employee’s explanation, whether it clarifies or complicates the situation, should be recorded.

Taking Immediate Action

Depending on the severity of the observed behaviors, the following actions may be necessary:

Possible Actions:

• Drug Testing: If your workplace policy includes drug testing based on reasonable suspicion, ensure the employee is escorted for testing.
• Sending the Employee Home: If the employee is deemed unfit to work, they may need to be sent home pending further investigation or testing results.
• Referral to Employee Assistance Program (EAP): In cases where impairment is suspected but not confirmed, referral to EAP may be appropriate.
• No Action: If the suspicion cannot be substantiated by sufficient evidence, document the reasons for not taking further action.

Each action taken should be documented, ensuring it aligns with company policy.

Conclusion

In conclusion, accurately documenting objective evidence of reasonable suspicion regarding an employee's drug or alcohol influence is crucial for maintaining a safe and productive workplace. HR professionals should approach this process carefully, ensuring that all observations and incidents are clearly recorded on the provided documentation form template. By utilizing this form template, you can create a thorough and reliable record that upholds due diligence and supports any necessary actions in accordance with company policies and legal requirements.