b'BUSINESS MANAGEMENTFair Identification Practices: Ensuring testingforanychangesinemployeesbehavior, is conducted without discrimination, based onappearance, or hygiene as potential indicators objective observation rather than bias. of substance abuse.DefinedConsequences:Outliningclear Document Observations: We said this before, disciplinary measures for refusal to comply withbut its worth repeating! Keep detailed records testing. of any substance-related paraphernalia or Transit Planning: If you suspect someone isbehavior.impaired and your reasonable suspicion testing is offsite, you absolutely must not let them drive ConsiderMedicalEvaluations:Before to it. Have an employee drive them or arrange aconcluding substance abuse, evaluate if the driver to the test and then home. Letting someoneobserved impairment could be due to a medical drive, knowing you think theyre impaired, is acondition.significant liability risk for organizations.EducateYourTeam:Ensurethatyour Document, Document, Document: Establishmanagement team is well-trained in identifying a clear process for documentation around anysigns warranting reasonable suspicion testing.activity that raises concerns and ensure it is applied uniformly across the organization.Utilize a Checklist/Worksheet - Implementing Triggers for Testing a reasonable suspicion behavior checklist/Triggers for reasonable suspicion testing areworksheet offers several benefits, including:based on specific observations by supervisors.o Standardization: Using a checklist provides These include appearance, behavior, speech,a standardized framework for supervisors to and body odor changes that suggest impairment.assess and document observed behaviors, Its crucial to remember that these observationsensuringconsistencyintheevaluation alone do not confirm substance abuse and could have other explanations. Experienced Counsel and Navigating State RegulationsWith 15 jurisdictions in the U.S. having lawsDetermined Professionalsaroundreasonablesuspiciondrugtesting, employersmuststayinformedaboutstate-specific regulations. These laws vary widely,Attorneys with states like Alabama, Maine, and MontanaYou Can imposingstringentrequirementsakinto OSHA Defensefederal standards for transportation workers, Workers Comp Defense Rely On for includingtheDepartmentofTransportationEffective (DOT)guidelines.EmployersmustensureConstruction Lawcompliance not only with state mandates but Business Law RepresentationalsowithDOTrequirementsforsupervisor Litigationtraining in recognizing signs of substance abuse. Labor & Employment Law Gary W. AumanFurthermore, several states offer incentives forRichard L. Carr, Jr. maintaining a drug-free workplace, with rebatesDonald B. Rineer on workers compensation premiums availableAmy C. Mitchell to those who comply with reasonable suspicionDouglas S. Jenks testing mandates. Abigail K. White Best Practices for Implementation David M. Rickert To effectively integrate reasonable suspicionLindsey Deckdrug testing into your workplace, consider theJon L. Sutermeisterfollowing best practices: 937-223-6003 Lucas A. Strakowski Monitor Behavioral Changes: Stay vigilantamfdayton.comwww .mrca .orgMidwest Roofer 9'