Reasonable Suspicion

Reasonable Suspicion

Policy & Procedure: Drug & Alcohol

Pertains to:
      • Corporate Employees
      • Field Employees   
      • HR Department: Administration

Also Known as: Substance Abuse Policy, Fit for Duty, Reasonable Suspicion

Attachment: Fit for Duty Report 

Objective:
In compliance with the Drug-Free Workplace Act of 1988, SASR Workforce Solutions (“the company”/SASR,) has a longstanding commitment to provide a safe, quality-oriented, and productive work environment. Alcohol and drug misuse poses a threat to the health and safety of SASR’s employees and to the security of the company’s equipment and facilities. In order to work at the company, employees are expected to be fit for duty, meaning they are able to support their essential job functions without posing a direct threat to themselves and others. These procedures and the associated policy describe the circumstances in which SASR may evaluate an Employees Fitness for Duty, provide the procedures for these evaluations and safeguard Employee privacy related to those evaluations.


Purpose:
Drug and alcohol abuse contributes to billions of dollars of lost productivity and thousands of workplace injuries every year. Our policy is to employ a work force free from alcohol abuse and the use of illegal drugs. SASR Workforce Solutions absolutely prohibits alcohol and non-prescription drug use while working. The use, sale or possession of alcohol or drugs while on the job or on company property will result in disciplinary action, up to and including termination. Employees are expected to show up to work on time and in the appropriate physical and mental condition.

Fit for Duty
SASR reserves the right to demand a drug or alcohol test of any employee based upon reasonable suspicion. Reasonable suspicion includes, but is not limited to, physical evidence of use, involvement in an accident or substantial drop off in work. If an employee or other vendor, worker of community member observes behavior or learns information that suggest an employee is not fit for duty, it should be reported to that person’s manager. If an employee is concerned their own manager is not fit for duty, the employee should report the behavior to the next level manager or directly to employee relations at employeerelations@sasrlink.com

If an employee believes they are not fit for duty, they should discuss their concerns with their manager or may request to meet with member of Human Resources through employeerelations@sasrlink.com

Reporting
All employees must report any conviction under criminal drug statutes for violation occurring on or off SASR’s premises while conducting company business. A report of the conviction must be made within 7 days after the condition. 

Employee Assistance
SASR will make every effort to assist its employees who wish to seek treatment or rehabilitation for drug or alcohol abuse and dependency. Conscientious efforts to seek such help will not jeopardize any employee’s job and will not be noted in any personnel record. Employees will be allowed to use any accrued paid time off or state sick pay, if applicable, placed on leaves of absences, referred to treatment providers and otherwise accommodated as required by law.

Employees may be required to document they are successfully following a prescribed drug treatment plan and to take and pass follow up tests if they hold jobs that are safety sensitive or requiring driving, or if they have violated this policy previously.

Once a drug test has been submitted for Reasonable Suspicion (See Guidelines for Making Reasonable Suspicion Determinations,) unless otherwise required by the Family and Medical Leave Act or the Americans with Disabilities Act, the employee will have forfeited their opportunity for a leave of absence for treatment, and will face possible discipline, up to and including discharge. 

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications, however it is the employee’s responsibility to consult with their doctors about the medication’s effects on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor.

Process:
1. When employees are present or operating as a SASR employee on employee or client property, employees are prohibited from:
            a. Using, buying, possessing, selling, manufacturing, or dispensing any illegal or non-prescribed drug. This includes drug paraphernalia.
            b. Being under the influence of alcohol or an illegal drug.
            c. Possessing or consuming alcohol unless a company sanctioned event where alcohol is served. See Drinking at Work Policy which                               defines standards for these events.
2. The presence of any detectable amount of any illegal drug or controlled substance or alcohol in an employee’s body system, while performing company business or while in a company or client’s facility is prohibited.
3. SASR will also not allow employees to perform their duties while taking prescribed drugs that are adversely affecting their ability to perform their job duties safely and effectively. Employees taking a prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked.
4. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution. 

Pre-Employment Testing
There are specific projects and clients who require a drug test before beginning work or receiving an offer of employment. Refusal to submit to a testing will result in disqualification from working on those specific projects. 

Reasonable Suspicion
Employees can be subject to testing, based on, but not limited to observations of apparent workplace use, possession or impairment seen by at least two members of management, or one member of management and one member of Human Resources.

When reasonable suspicion is warranted, management and HR will follow the “Guidelines for Making Reasonable Suspicion Determinations” and will have employees tested for alcohol within two hours of an event and twenty-four hours for reasonable suspicion of drugs. Refusal by an employee will be treated as a positive drug test and or/alcohol test and can result in immediate termination of employment.

Guidelines for Reasonable Suspicion Determinations

1. Receiving a concern: You do not want to send an employee for testing based on hearsay or gossip or based off of time outside of work. The employee must be fully engaged in work.
2. Two manager level employees should follow the guidelines for a Fit for Duty Observation Report. If only one manager is available, they will combine all steps.
      a. Immediately upon notice, go to the employee’s work area for firsthand observation.
      b. The first manager should observe from afar while the second manager talks to the employee directly to observe the smell of alcohol, eye                  dilation, slurred speech and/or other indicators.
      c. The second manager should confirm initial suspicions before moving forward.
      d. If impairment is observed by both parties: remove the employee from safety sensitive duties and/or public areas to a private space.
      e. Follow steps for Drug or Alcohol Testing. Note: A “Fit for Duty Observation Report” must accompany any drug or alcohol testing.
                  i. If an employee refuses to test for drugs or alcohol with strong evidence on the Fit for Duty Observation Report, the refusal will be                         treated as a positive drug/alcohol test and can result in immediate termination of the employee.

Below are some examples of reasonable suspicion: the Fit for Duty Observation Report has a thorough list.

Direct Observation:
      • Witness the employee using drugs and/or alcohol
      • Employee is in possession of drugs and/or alcohol
      • Employee is in possession of drug paraphernalia

Behavioral Signs:
      • Attendance issues
      • Decline in productivity and performance
      • Money problems
      • Multiple visits to the car or parking lot

Physical Signs:
      • Bloodshot eyes
      • Slurred speech
      • Fidgeting/inability to sit still
      • Sleeping at work
      • Deterioration in grooming

Psychological Signs:
      • Unexplained changes in personality or attitude
      • Sudden mood changes or irritability, anger outbursts, inappropriate laughing
      • Unexplained fear or paranoia
      • Inability to focus or concentrate

Please click the link below for the Fit for Duty Observation Report:


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