REASONABLE SUSPICION TRAINING

Who Needs Reasonable Suspicion Training?

Employers who are either required to make reasonable suspicion determinations to test under federal or state regulations or are permitted to under state regulations should train their supervisors to make those determinations. Training must cover the specific, contemporaneous physical, behavioral, and performance indicators of probable drug and alcohol use.

Employers with employees covered by federal regulations including United States Department of Transportation (DOT) regulations must abide by the following agency mandates:

What is Reasonable Suspicion Training?

Reasonable suspicion training is training which covers the signs and symptoms of probable drug and alcohol use and abuse in the workplace, how to document indicators, and how to make a determination to test under reasonable suspicion if necessary. Our courses also cover other important aspects of the process including policy issues concerning testing programs, common questions including recreational marijuana and medical marijuana use. Minimum training requirements include at least sixty (60) minutes of training on controlled substance (drug) use and abuse and sixty (60) minutes of training on probable alcohol use.

Why is Reasonable Suspicion Training Important?

An expansive list of potential liabilities may be incurred in conjunction with a failure to provide reasonable suspicion training for supervisors.

  • SAFETY: The obvious reason to train is safety. Drug and alcohol use at work can become a hazard to company personnel, property, and morale. Supervisors who are not appropriately trained will either be unable to spot indicators of drug or alcohol use and thus prevent potential work accidents or be able to spot indicators of drug or alcohol use but be unable to make a determination to test without the appropriate training credentials.
  • LIABILITY: Reasonable suspicion training is required under federal regulations and required or highly recommended under state or provincial law. Determinations to test not based on sufficient reasonable suspicion may be subject to challenge in court as discriminatory or retaliatory behavior, and/or tortious conduct giving rise to tort liability under theories like “intrusion upon seclusion” claims and, for government employers and other state actors, may be subject to constitutional privacy claims.
  • COMPLIANCE: Even if a company inexplicably manages to avoid safety and liability issues, it may still be subject to adverse consequences for non-compliance. Federal and many state regulations have strict requirements on the operation of drug-free workplace policies; supervisors under these programs are required to be trained on reasonable suspicion determinations and those companies who fail to comply are subject to fines and other adverse regulatory actions for non-compliance.

How is Reasonable Suspicion Training Conducted?

Reasonable suspicion training may be conducted in-person or via online format including videos, presentations, and handouts. Once purchased online, our courses are available to start immediately. There is no need to wait for credentials to be created and emailed manually or to wait for the next class to be offered. Our online courses consist of interactive videos, knowledge checks, downloadable materials, an exam at the end to ensure retention, and formal and professional certificates each student earns at the end of the course with their own unique certificate numbers which can be verified by inspectors in your next audit. While the vast majority of our learners enroll online, this training is also available in-person at one of our training locations or at your location upon request.

How do I Enroll?

Enrolling in an online course is easy: select the course to the right that corresponds with your needs and then click “Enroll Now” at the top. Once you have registered you will be automatically emailed login credentials to get started. If you purchase more than one course credits you will be assigned a manager role in order to disseminate invitations to your supervisors (all you need is a unique email for each), track their progress from your login, and download their certificates once complete. If you are interested in an in-person quote, please contact us with the location you would like to have training conducted, how many students you would have trained, and which courses you would like to have taught.

Customer Reviews

Legal Research on Reasonable Suspicion

The Clash of the Titans: Reasonable Suspicion Drug Test Disputes Face Off Against an Employer’s Good Faith in Kelly v. Boeing

The following case from Oregon focuses on reasonable suspicion testing and when an employer has a good faith belief when taking adverse action against an employee. The court in Kelly v. Boeing Company grappled with whether an employer had good faith belief to terminate or if discrimination was a factor present in the decision. In

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