Reasonable Suspicion Training for Supervisors

1. Presented by Lisa Shields
March 2016
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2.  Regulation History and Overview
 49 CFR Part 655 Key Components
 Types of Drug Testing allowed by DOT
 Difference between Reasonable Suspicion vs. Random
testing
 Job Performance Symptoms
 Drugs of Abuse
 Who can make a decision to direct employee in for testing
 Administrative Requirements
 Best Practices
 Resources Available
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3.  Designated Employer Representatives (DER)
 Drug & Alcohol Program Manager (DAPM)
 Safety Managers
 HR Professionals
 Dispatchers
 Service Agents
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4. March 2016
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5.  Starting from the front please tell us your name
and where you are from?
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6.  This presentation is intended to inform and
empower key decision makers in making “fair”,
“reasonable” and “observable referrals.”
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7. Why do we drug and alcohol test?
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8. March 2016
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9.  Do you have to be right without a reasonable
doubt?
 What if you’re wrong?
 How do you face the employee if employee turns
out to be negative?
 What are the repercussions?
The truth is ……
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10.  You are not making determinations based on
anything other than observable indicators that will
be covered today.
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11.  Pre Employment
 Random
 Post Accident
 Reasonable Suspicion
 Return to Duty
 Follow Up
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12.  Random Testing vs. Reasonable Suspicion
Testing
 Un-announced testing
 Serves as a deterrent
 Serves as form of detection
Major difference is what?
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13. March 2016
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14.  655.45
Mandatory requirement to test a specific
percentage of your DOT employee pool at the
minimum annual percentage rate
2016 – 25% Drug and 10% Alcohol
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15.  655.43
The employer shall conduct a drug and/or alcohol
test when the employer has reasonable suspicion
to believe that a covered employee has used a
prohibited drug and or engaged in alcohol misuse.
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16. ◦ A supervisor(s), or other company official(s) who is
trained in detecting the signs and symptoms of drug use
and alcohol misuse must make the required
observations.
◦ Only one trained supervisor or company official is
required.
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18.  By performing Reasonable Suspicion testing who
are we protecting?
a) Transit Agency
b) Employee
c) Employer
d) Traveling Public
e) All of the above
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19.  Reasonable suspicion testing:
1. You may conduct a drug and/or alcohol test when you have reason to
believe that an employee has used a prohibited drug and/or engaged in
alcohol misuse.
2. Your decision should be based on:
 Specific
 Contemporaneous
 Articulable
 Observations
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20.  Reasonable Suspicion Checklist
 Document occurrence(s) that led to decision to
test
 Where will you take employee to be tested
 The “sit down” be prepared
 Let’s get the keys and go
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21.  An employer can only direct a covered
employee to undergo reasonable suspicion
testing while the employee is performing safety-
sensitive functions; just before the employee is
to perform safety-sensitive functions; or just
after the employee has ceased performing such
functions.
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22.  If an alcohol test is not administered within two hours following
the determination that reasonable suspicion exist, the employer
shall prepare and maintain on file a record stating the reasons the
alcohol test was not promptly administered.
 If an alcohol test is not administered within eight hours following
the determination that reasonable suspicion exist the employer
shall cease attempts to administer an alcohol test and shall state
in the record the reasons for not administering the test.
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23.  Documentation is key
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24. Cognitive: Pertaining to the mental processes
of perception, memory, judgment, and reasoning
Contemporaneous: Living or occurring during
the same period of time; happening in the here
and now
Observations: An act or instance of noticing or
perceiving.
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25.  Peripheral vision: The capacity to see side or
fringe areas when one is looking ahead
 Visual acuity: Acuteness of the vision as
determined by a comparison with the normal
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27.  Addiction
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28.  Society of self medication
 Coping mechanisms
 Stresses
 Poor self esteem
 Family Problems
 Finances
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29.  Marijuana
 Cocaine
 Amphetamines
 Opiates
 PCP
 Alcohol
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30. Amphetamines & Opiates
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31.  Type: Hallucinogen
 Method of Use:
○Smoked
○Ingested in foods
 Duration of High:
○30 minutes to several hours
○“Typical” smoker experiences a high
for approximately 2 hours
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32.  Reddened, bloodshot eyes
 Pungent aroma on clothes and body
 Fatigue
 Pupils may appear dilated
 Slowed speech
 Lack of motivation on the job
 Irritating cough chronic sore throat
 Talkativeness
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33.  Normal
 Pinpoint
 Dilated
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34.  Produces a mildly
tranquilizing and
mood altering effect
 Cigarette papers
 Roach clips
 Small pipes made of bone to
smoke
 Blunts
 Names on Street
Pot
Hash
Weed
Joint
Reefer
Acapulco Gold
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35.  Delayed decision-making
 Diminished concentration
 Impaired short-term memory
 Impaired signal detection
 Distortions in time and distance estimation
 Lengthened glare recovery & blurred double
vision
 Distorted visual & depth perception
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36.  Decreased car handling
 Decreased reaction times
 Impaired distance estimation
 Inability to maintain headway
 Subjective sleepiness
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37.  Type: Stimulant
 Method of Use:
 Oral
 Snorted
 Smoked
 Injected
 Duration of High:
 5 minutes
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38.  Runny or irritated nose
 Constant sniffing
 Broad mood swings
 Excessive activity an appearance of excitability
 Euphoric feeling, hyper excitability
 Long periods without eating or sleeping
 Talkative or nervous
 Breath odor
 Problems concentrating
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39.  Energizes the entire
central nervous
system.
 Single edge razor blade and
mirror
 Rolled up dollar bill
 Half straw or metal tube
 Folded paper packet
 Glass pipes
 Names on Street
 Coke
 Crack
 Snow
 Blow
 Rock
 Smoke
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40.  Lapses in attention & concentration
 Tendency to over react & overcompensate
 Paranoia & withdrawal can create violent or
aggressive behavior
 Impaired motor coordination
 False sense of alertness & skill
 Wild mood swings create instability
 Distorted vision
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41.  Type: Stimulant
 Method of Use:
 Oral
 Snorted
 Smoked
 Injected
 Duration of High:
 Several hours to 15 hours
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42. March 2016
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• Talkativeness
• Confusion
• Rapid respiration
• Heightened aggressiveness
• Impulsive risk taking
• Runny/bleeding nose
• Increased heart rate, blood pressure
• Restlessness/Hyper excitability
• Dilated pupils

43.  Effects the central
nervous system as a
stimulant. Speeds up
the mind and body
 Counterfeit capsules
 White flat
 Granular powder or in lumps
and packaged in aluminum foil
 Names on Street
 Meth
 Speed
 Crank
 Black Beauties
 Crystal
 Ritalin
 Rits
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44.  Overestimation of performance capabilities
 Delayed reaction time
 Impaired coordination
 Extreme mental & physical fatigue
 Over-actions when driving such as:
Over-braking
Over-acceleration
Over-steering
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46.  Type: Narcotic (Analgesic)
 Method of Use:
 Oral
 Snorted
 Injection
 Duration of High:
 Several hours
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47.  Impaired alertness and mental function
 Constricted pupils
 Low raspy voice
 Physical fatigue and drowsiness
 Impaired coordination
 Possible puncture marks (‘tracks”)
 Nausea/vomiting
 Excessive scratching and itching
 Mood swings
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48.  Are narcotics typically
given by doctor’s to
alleviate pain, depress
body functions and
reactions.
 Pill form
 Smoked
 Injected
 Names on Street
 Smack
 Horse Emma
 Dollies
 Juice
 China White
 Big D
 Syrup
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49. • Poor concentration while driving
• Day dreaming
• Distorted vision and difficulty focusing on tasks
• Distorted sense of time and distance
• False sense of security and ability
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50. Over prescribing Opiates
 Communities are experiencing huge
increase in Heroin usage
 Decimating families
 Resulting in over dosing across the
nation
 Death
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51.  Type: Hallucinogen
 Method of Use:
○ Oral
○ Snorted
○ Smoked
○ Injected
 Duration of High:
○ Several hours to 24 hours
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52. • Impaired coordination, Slowed body movements
• Severe confusion and agitation
• Extreme mood swings
• Muscle rigidity
• Nystagmus (involuntary jerky eye movement)
• Profuse sweating
• Delusions
• Fearfulness, Anxiety
• Violent or Bizarre behavior
• Memory and speech difficulties
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53.  Developed as an
anesthetic but the
adverse side effect
found to be a potent
tranquilizer in large
animals
 Clear liquid
 Granular powder packaged in
aluminum foil
 Names on Street
Angel Dust
Hog
Dust
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54.  Distortions of size, shape, and distance
perception
 Visual & auditory hallucinations
 Feeling of superiority
 Sense of invulnerability & power
 Aggressive behavior
 Loss of perception of time
 Impaired coordination and dulled senses
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55.  What are the street names/slang terms?
 Bath Salts are sold under a number of different
“brand” names:
Bliss, Blue Silk, Cloud Nine, Drone, Energy-1,
Ivory Wave, Lunar Wave, Meow Meow, Ocean
Burst, Pure Ivory, Purple Wave, Red Dove,
Snow Leopard, Stardust, Vanilla Sky, White
Dove, White Knight, and White Lightning.
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56. March 2016
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57.  Use of a Reasonable
Suspicion checklist
 Where possible second
opinion
 May take time to
document observations
 Action should proceed
with directing employee
in for test
 No Excuses
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58.  Type: Depressant
 Method of Use: Oral
 Duration of High: One to several hours
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59. • Odor of alcohol
• Slurring of speech
• Incoherence
• Unsteady gait
• Nausea
• Skin cool to the touch
• Profuse sweating
• Euphoria
• Glassy eyes
• Poor attention span
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60.  Increased reaction time
 Increased or erratic speed
 Swerving
 Unable to make rapid decisions
 Distorted sense of time and distance
 Distorted vision
 Loss of peripheral vision
 Impaired visual tracking
 Blurred vision
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62. (% One hour after drinking alcohol)
Blood Alcohol LevelsBlood Alcohol Levels
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63. • Face
• Eye
• Nose
• Mouth
• Hands
• Arms
• Body
• Mood
• Speech
• Movement
• State-of-Mind
• Physical Symptoms
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64.  Flushed or very pale face
 Excessive sweating
 Blood shot, watery eyes
 Unusual movements
 Dilated/constricted pupils
 Extreme fatigue/falling asleep
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65.  Running nose
 Sores around nostrils
 Dry mouth
 Frequent swallowing
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66.  Shaking hands
 Clamminess
 Puncture marks
 Tremors
 Unusually sedate or calm
 Odor or alcohol or marijuana
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67.  Slurred or incoherent
 Inappropriate verbal response
 Verbal abusiveness
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68.  Nausea
 Vomiting
 Hallucinations
 Staggering or unsteady gait
 Impaired motor coordination
 Over-reaction or over-compensation
 Physically abusive
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69.  Unsteady gait
 Impaired motor coordination
 Over-reaction
 Over-compensation
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70.  Euphoric high
 Excessive laughter/talkativeness
 Highly excited/nervous/irritable
 Withdrawal/depression
 Extreme aggression/agitation
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71.  Confusion
 Disorientation
 Impaired short-term memory
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72.  Costs of Substance Abuse
Abuse of tobacco, alcohol, and illicit drugs is
costly to our Nation, exacting over $600 billion
annually in costs related to crime, lost work
productivity and healthcare
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73. • Increased involvement in accidents
• Participating in risky behavior
• Indifference toward safety rules
• Careless handling and maintenance of safety-
sensitive machinery
• Disregard for the safety of others
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74. • Absenteeism
• Overtime pay
• Insurance claims
• Increased insurance costs
• Workers compensation (5x higher)
• Accidents
• Workplace crime
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75. • Diverted supervisory managerial time
• Friction among workers
• Waste
• Damage to equipment
• Damage to public image
• Personnel turnover March 2016
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76.  Identify unusual or inappropriate behavior
 Observe the employee
 Objectively document behaviors
 Determine if testing is required
 Have a “sit down” with employee
 Transport the employee
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77.  Be confident, diplomatic and respectful
 Don’t approach employee from a confrontation
standpoint
 Stick to the salient points – not subjective but
objective
 Give the employee the opportunity to describe
and explain the events from their viewpoint
 Send employee in for testing
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78.  Your employee does not have to test positive to
be correct in sending him or her in for a
Reasonable Suspicion test
 Even if an employee self discloses that he or she
will be hot still send them in for testing
 Know what your company protocols are
beforehand – in the event you have a positive
 Do not let employee drive to testing facility!
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79.  Seek confirmation from another supervisor
(Best Practice)
 List signs and symptoms.
 Be specific and brief.
 Be objective.
 Include date and time.
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80.  FTA regulations require only 1 trained
supervisor to make a referral for testing. An
employer’s policy cannot contradict this
requirement.
 Documentation must remain on file for a period
of no less than 2 years.
 Testing must proceed without delay.
Supervisors can allow an employee to contact a
union representative, but the testing process
must continue immediately.
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81.  Escort from the workplace discreetly
 Should take place in a private office with
supervisor and confirming party
 Tell the employee they are being sent for a
reasonable suspicion drug and alcohol test
 Explain to the employee how they will be
transported to testing facility
 Respect the employee’s confidentiality
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82. Expect an emotional response:
• Excuses and sympathy
• Apologies and promises
• Switching
• Anger
• Tears and helplessness
• Deflecting
• Self-pity
• Innocence
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83.  Compassion
 Guilt
 Friendship
 Loyalties
 Jeopardizing employee’s livelihood
 Loss of employee confidence/support
 Insecurities
Fear for personal safety
Do not like confrontation
Lack of training on the referral process
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84.  Ignoring job performance problems, hoping they will go
away or are temporary
 Accepting excuses or apologies
 Threatening disciplinary action without follow through
 Giving advice or pep talks
 Doing some of the employee’s work because he is in a
bad spot or working around the person
 Considering someone a “functional alcoholic” who
doesn’t affect you
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85.  Substance Abuse Professional (SAP) referral
process.
 Assessment/Treatment
 Return to Duty
 Follow Up testing
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86.  Must be a local Substance Abuse Professional
(SAP)
The Substance Abuse Professional (SAP) is a
person who evaluates employees who have
violated a DOT drug and alcohol program
regulation and makes recommendations
concerning education, treatment, follow-up
testing, and aftercare.
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87.  This can only occur at the advising of the SAP.
 There should only be a Return to Duty Drug and
Alcohol test after a violation of DOT policy i.e.
Positive or Refusal to test
 A Return to Duty test should not be used when an
employee has been on leave
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88.  Document reason for directing employee(s) in for
testing
 Escort employee to testing facility
 If after hours be sure to have a facility identified
where you can send employee(s) after hours
 Can you stand down an employee until you
receive a result back?
 Workplace Drug and Alcohol policy – is key to
what your next step will be
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89.  If your company has a zero tolerance policy you must
give the employee the name of a local SAP to follow
up with his or her positive test
 No you may not send the employee in for another test
hoping he or she will pass this one
 Follow the DOT regulations
 If you allow for a second chance then you must allow
the SAP to do his or her job
 Once employee has been cleared by SAP a Return to
Duty test is required (Observed)
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90.  Retention of records in a secure
location with limited access:
 Five Years
• Verified positive drug or alcohol test results.
• Refusals to take required drug or alcohol tests.
• Employee referrals to SAP’s.
• Follow-up testing schedules.
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91.  Substance Abuse Treatment Locator
www.findtreatment.samhsa.gov
The Substance Abuse and Mental Health Services Administration
(SAMHSA) web site will help individuals locate drug and alcohol abuse
treatments programs in their communi­ties.
 AlcoholScreening.org
www.alcoholscreening.org
This free confidential web site lets individuals privately assess their own
drinking habits and receive personalized feedback to help them determine
if they need help to change those habits. There is also information about
their community drug and alcohol abuse treatments and consultations.
 Al-Anon/Alateen
www.al-anon.alateen.org
Al-anon provides information on the effects of alcohol abuse and refers to
nearby support groups. Alateen is the organization’s program for young
people whose lives have been affected by someone else’s drinking.
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92.  Alcoholics Anonymous (AA)
www.aa.org
AA offers a way to stop drinking to individuals who feel they have that
problem. There are commu­nity programs listed in local phone books.
 American Council on Alcoholism
www.aca-usa.org
The service provides referrals to alcoholism treatment programs nationwide
and distributes written materials.
 National Council on Alcoholism and Drug Dependence Hopeline
www.ncadd.org-
This organization provides written information on alcohol and drug abuse and
referrals to treatment and counseling services nationwide.
 National Drug and Alcohol Treatment Referral Service
www.ncadi.samhsa.gov
 Center for Substance Abuse Treatment
www.csat.samhsa.gov
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93.  (800) 527-5344 Alcohol Helpline
 (800) COCAINE Helpline
 (877)-A-LIFE-4U Marijuana Helpline
 (800) 662-HELP National Drug and Alcohol
Treatment
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94. March 2016
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95. Compliance Oversight Solutions Ideal (“COSI”)
800-948-0294
lshields@complianceoversightsolutions.com
All rights reserved and are the property of COSI ©
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