Can a supervisor use personal observations as a determinant for a reasonable suspicion referral?
Yes, but the supervisor’s determination must be made on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odor of the employee. All these determinants are short-term indicators of prohibited drug use or alcohol misuse. Hence, long-term indicators such as absenteeism may not be used as a basis for a reasonable suspicion determination.
Related Questions
- Can a driver be sent for a reasonable suspicion alcohol test if he was not witnessed by a properly trained supervisor?
- Can a supervisor use personal observations as a determinant for a reasonable suspicion referral?
- Should the supervisor arrange for a Federal reasonable suspicion drug test to be conducted?
