Reasonable Suspicion Procedure

 

 Reasonable Suspicion Procedure

 

 

 

 

 

Testing procedures for Reasonable Suspicion and Post-Accident Testing

 

These procedures are intended for supervisors in the event an employee on duty is suspected of being under the influence of drugs or alcohol, or in the event an employee is involved in an accident as defined in the Milwaukee County Substance Abuse Procedure. Specific policies and requirements related to reasonable suspicion and post-accident drug and alcohol testing can be found in Section III of the Substance Abuse procedure posted in the Milwaukee County Administrative Manual.

 

To view the procedure on the Administrative Manual of Operating Procedures, click here.

To view the Reasonable Suspicion Documentation form, click here.

 

Reasonable Suspicion

Mandatory Post Vehicle Accident Testing

Non-Mandatory Post Injury and Incident Testing

Training

Revised: September 19, 2016

Reasonable Suspicion

A reasonable suspicion determination for alcohol or controlled substances requires two trained supervisors, when feasible. If only one supervisor is available, he or she shall attempt to have a second supervisor (potentially from a different department), or a trained Human Resources representative, corroborate the observation before making such a determination.

 

Documentation of the grounds to conduct a reasonable suspicion test must be made on the Reasonable Suspicion Documentation Form and signed by the supervisors within 24 hours of the observed behavior or before the test results are released, whichever is later. Factors such as abuse of sick time or frequent tardiness may not be used to trigger reasonable suspicion testing.

 

Supervisors may initiate the reasonable suspicion process as described in this section based on observations made immediately prior to, during, or after an employee performs work functions.

 

If a supervisor has reason to believe an employee is impaired under this Substance Abuse Procedure and the employee remains in the workplace, the supervisor must:

 

  1. Immediately direct the employee to cease all work-related functions.
  2. Direct the employee to a vacant or inconspicuous location and instruct the employee to wait for further instructions.
  3. Contact Express Drugs at 414-259-5121 and request a rapid 10-panel screen and breath alcohol test. For after-hours services, call Express Drugs at the above number and press 0 to connect with after-hours support.
  4. Provide all information requested from Express Drug, including the name and phone number (preferably cell) of the supervisor initiating the call and the location of the employee. Be prepared to allow Express Drugs personnel to access the building and/or work area.
  5. Immediately complete, sign and date the Reasonable Suspicion Documentation Form that is attached to this administrative procedure and forward a copy to your Human Resources representative.
  6. When an Express Drugs representative arrives, allow him/her to meet with the employee and inform him/her of an appropriate collection site.
  7. After the collection, Express Drugs personnel will inform the supervisor of the test results as either negative or non-negative. If the test results are negative, the employee should be permitted to return to normal work functions.
  8. If the result is non-negative, inform the employee that he or she is suspended pending further investigation and is not to perform work-related functions until further notice.
  9. If the test result is non-negative, direct the employee to arrange for personal transportation off the work site and monitor the employee until such transportation is arranged. The employee is not permitted to use his or her personal vehicle. County employees are not to drive the employee home or to any other destination.
  10. Non-negative results will be sent by Express Drug for lab validation. Validated results will be returned to Human Resources staff who will notify appropriate department personnel.
  11. The department’s Human Resources representative will advise the department on appropriate corrective action.

Mandatory Post Vehicle Accident Testing

An employee who has been involved in a vehicle accident during the course and scope of his or her employment that meets any of the following criteria must be tested for alcohol and controlled substances as soon as possible after the accident:

  • loss of human life
  • employee received a citation under State or local law
  • any party at the scene claims injury as a result of the accident
  • one or more motor vehicles incurred disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle

Employees are required to notify their immediate supervisor or another manager immediately following any accident that meets the criteria above.

 

When a supervisor learns of an accident under this procedure, the supervisor must:

  1. Determine if there has been bodily injury or if there is the potential for an injury. If there is an injury, the supervisor should determine whether emergency services (911) has been notified and if not, should contact emergency services (911) to respond to the scene.
  2. If the vehicle accident results in injuries to the employee requiring emergency / urgent care treatment, the supervisor must notify Risk Management to coordinate drug and breath alcohol testing with the hospital or urgent care clinic.
  3. If the vehicle accident does not result in injuries to the employee requiring off-site treatment, direct the employee to remain at the scene to await the supervisor’s arrival.
  4. Contact Express Drugs at 414-259-5121 and request a rapid 10-panel screen and breath alcohol test. For after-hours services, call Express Drugs at the above number and press 0 to connect with after-hours support.
  5. Provide all information requested from Express Drug, including the name and cell phone number of the supervisor initiating the call and the location of the employee. Be prepared to allow Express Drugs personnel to access the building and/or work area.
  6. When an Express Drugs representative arrives, allow him/her to meet with the employee and inform him/her of an appropriate collection site.
  7. Document the circumstances of the accident as thoroughly as possible. The department may have forms to use for this purpose.
  8. After the collection, Express Drugs personnel will inform the supervisor of the test results as either negative or non-negative. If the test results are negative, the employee should be permitted to return to normal work functions if possible.
  9. If the result is non-negative, inform the employee that he or she is suspended pending further investigation and is not to perform work-related functions until further notice.
  10. 10. If the test result is non-negative, direct the employee to arrange for personal transportation off the work site and monitor the employee until such transportation is arranged. The employee is not permitted to use his or her personal vehicle. County employees are not to drive the employee home or to any other destination.
  11. Non-negative results will be sent by Express Drug for lab validation. Validated results will be returned to Human Resources staff who will notify appropriate department personnel.
  12. The department’s Human Resources representative will advise the department on appropriate corrective action.

Non-Mandatory Post Injury and Incident Testing

Milwaukee County reserves the right to conduct drug and/or alcohol testing for non-vehicle related accidents or incidents in which an employee alleges an injury or illness and drug and/or alcohol use is likely to have contributed to the incident. The supervisor does NOT need to specifically suspect drug or alcohol impairment before testing, but there should be a reasonable possibility that use by the employee was a contributing factor to the reported injury or illness.

 

When a supervisor learns of a workplace accident with injuries under this procedure, the supervisor must:

  1. Determine if emergency services (911) is necessary and if so, should contact emergency services (911) to respond to the scene.
  2. Determine if drug or alcohol use is likely to have contributed to the incident. The supervisor does NOT need to specifically suspect drug or alcohol impairment before testing, but there should be a reasonable possibility that use by the employee was a contributing factor to the reported injury or illness.
  3. If the accident results in injuries to the employee requiring emergency / urgent care treatment, the supervisor must notify Risk Management to coordinate drug and breath alcohol testing with the hospital or urgent care clinic.
  4. If the accident does not result in injuries to the employee requiring off-site treatment, direct the employee to remain at the scene to await the supervisor’s arrival.
  5. Contact Express Drugs at 414-259-5121 and request a rapid 10-panel screen and breath alcohol test. For after-hours services, call Express Drugs at the above number and press 0 to connect with after-hours support.
  6. Provide all information requested from Express Drug, including the name and cell phone number of the supervisor initiating the call and the location of the employee. Be prepared to allow Express Drugs personnel to access the building and/or work area.
  7. When the Express Drugs representative arrives, allow him/her to meet with the employee and inform him/her of an appropriate collection site.
  8. Document the circumstances of the accident as thoroughly as possible. Your department may have forms to use for this purpose.
  9. After the collection, Express Drugs personnel will inform the supervisor of the test results as either negative or non-negative. If the test results are negative, the employee should be permitted to return to normal work functions if possible.
  10. If the result is non-negative, inform the employee that he or she is suspended pending further investigation and is not to perform work-related functions until further notice.
  11. If the test result is non-negative, direct the employee to arrange for personal transportation off the work site and monitor the employee until such transportation is arranged. The employee is not permitted to use his or her personal vehicle. County employees are not to drive the employee home or to any other destination.
  12. Non-negative results will be sent by Express Drug for lab validation. Validated results will be returned to Human Resources staff who will notify appropriate department personnel.
  13. The department’s Human Resources representative will advise the department on appropriate corrective action.

Training

Training on this process will be offered through online materials in the Learning Management System and in-person training. All employees in the position of supervising or managing employees are required to complete training.

 

For further information on these processes, please contact your Human Resources partner.

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