Reasonable Suspicion Drug Testing
Posted on November 27, 2007
Filed Under ALCOHOL & DRUG
If you see a driver falling down drunk, about to get into one of your vehicles, what should you do? The DOT regulations state that an employer must conduct reasonable suspicion drug and alcohol testing on employees who appear to be impaired. They also state that whoever is conducting the testing must be trained on how to spot impairment. DOT really doesn’t enforce the reasonable suspicion testing regulations, namely because it’s almost impossible to prove. How are they going to prove that you knew a driver was impaired, but let him drive anyway? This is a rule that you should apply yourselves, using common sense. I had a customer ask me, “I’ve got a driver who I’m pretty sure is on drugs (the driver was acting funny, plus he had observed drug paraphernaila in the driver’s car). But I don’t have that training. What should I do?”
What he should do is, test the driver. I’d rather order a test of a hot driver, and worry about the consequences of not having the training later. The flip side is, you allow a driver who you’re pretty sure is using illegal drugs to drive your truck, all because you don’t have the proper training to spot the violation? What if the guy gets in a wreck, one which you should have prevented? The main reason you want to do the training is not because of DOT (who really doesn’t enforce that violation), but because it will protect you in case the driver decides you are unfairly targeting him for a test, and sues you.
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