Drug-Free Workplace Policy Welcome to the Office of Human

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Reasonable suspicion Drug/alcohol testing

• Drug-Free Workplace Policy

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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.

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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.

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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

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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

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Observation/Documentation

• When a supervisor is notified an individual may
  be in violation of the Drug-Free Workplace
  Policy, the supervisor must observe the
  individuals 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
  individuals behavior and complete a separate
  Reasonable Suspicion Testing Checklist.

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Observation/Documentation
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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.

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Two Witnesses

• Both the supervisor and a second witness
• involved in all steps of the process
• fully document the events immediately

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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.

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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).

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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 individuals consent
  or refusal to the screening

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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.

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Consent Form
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• Individual Refuses Testing
• or
• Individual Consents to Testing

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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

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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

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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

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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.

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Individual Consents to Testing

• Immediately fax a copy of the completed
  Reasonable Suspicion Testing Checklists, Consent
  Form, and any other relevant documentation to
  614-293-8018 - 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 614-292-2121 and a request
  will be made for an officer to follow the
  transporting vehicle containing the supervisor,
  manager and individual

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Individual Consents to testing
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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
  614-770-8094 - 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.

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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

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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

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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

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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.

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Reasonable Suspicion Drug/Alcohol Testing
QUESTIONS ? Contact your unit HR department or
your OHR Employment and Labor Relations
Consultant