If you reasonably suspect that a DOT-regulated safety-sensitive employee uses drugs, you must send the employee for a Reasonable Suspicion drug test. You must base your decision to test on specific, contemporaneous, and articulable observations. These observations may include the employee’s appearance, behavior, speech, or body odors.
A trained supervisor must make the Reasonable Suspicion determination. This training ensures the supervisor understands how to identify and respond to potential drug use.
Do not conduct a “random” test without proper documentation. You must show how you selected the individual for testing. Failing to document this process could expose your company to legal risk. See: What exactly IS a “random” drug test?
