Reasonable Suspicion Training For Supervisors in Colorado Department of Transportation
Comprehensive training program developed by the Colorado Department of Transportation focusing on reasonable suspicion for supervisors. It covers the signs, symptoms, and protocols related to alcohol and drug testing, emphasizing the importance of objective observations and proper documentation.
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COLORADO DEPARTMENT OF COLORADO DEPARTMENT OF TRANSPORTATION TRANSPORTATION Reasonable Suspicion Training For Supervisors Developed by: Reasonable Suspicion Referral for Testing for Alcohol And Drugs Colorado Department of Transportation Office of Transportation Safety As required by the State of Colorado Alcohol and Drug Policy and U.S. Department of Transportation
Learning Objectives Learning Objectives Reasonable Suspicion Training For Supervisors Learning Objectives What is Reasonable Suspicion? Who is subject to Reasonable Suspicion? List the kinds of substance testing available. Explain the importance of timelines. Properly complete form #946a Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
Why Are We Here? Why Are We Here? Reasonable Suspicion Training For Supervisors Learning Objectives All supervisors and managers employed by the State of Colorado must be trained in the signs and symptoms Reasonable Suspicion. Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
What is Reasonable Suspicion? What is Reasonable Suspicion? Reasonable Suspicion Training For Supervisors Learning Objectives Reasonable Suspicion is suspicion of substance use (alcohol and other drugs) based on specific, objective observations that can be described clearly by a supervisor or manager. Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
What Are Objective Observations? What Are Objective Observations? Reasonable Suspicion Training For Supervisors Learning Objectives Objective observations are what is currently occurring with the employee. Why Are We Here? What Is Reasonable Suspicion? Objective observations are the, behavior, body odors, appearance, speech, and other observations about the employee. What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
What Are Objective Observations? What Are Objective Observations? Reasonable Suspicion Training For Supervisors Learning Objectives The supervisor must document all observations before requesting permission to test employee for substance testing under reasonable suspicion. Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
What Kinds of Substance Testing What Kinds of Substance Testing Are There? Are There? Reasonable Suspicion Training For Supervisors Learning Objectives Breath test for Alcohol Why Are We Here? Urine tests for: Amphetamines Cocaine Marijuana Opiates Phencyclidine (PCP) What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
What are the Deadlines for What are the Deadlines for Testing? Testing? Reasonable Suspicion Training For Supervisors Learning Objectives Alcohol testing should be done within 2 hours of observations, but must be performed within 8 hours of observations. A written explanation must be kept on file when testing isn t performed within two hours, and when testing is not performed within the 8-hour timeframe. Reasonable Suspicion testing must be performed on the same workday the observations are made. Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for
Common Observable Behaviors Common Observable Behaviors Reasonable Suspicion Training For Supervisors Signs of Alcohol Abuse Alcohol-containing beverages, PCP Common observable behaviors Odor on the breath Intoxication Glazed appearance of the eyes Uncharacteristically passive or combative/argumentative behavior Irritability, Flushed skin, Loss of memory Things To Remember
Common Observable Behaviors Common Observable Behaviors Reasonable Suspicion Training For Supervisors Common observable behaviors Marijuana Things To Remember Not legal in the workplace Not legal at the Federal level Not a defendable result for CDL holders
Common Observable Behaviors Common Observable Behaviors Reasonable Suspicion Training For Supervisors Signs of Marijuana Abuse Marijuana, PCP Odor of use Rapid, loud talking and bursts of laughter in early stages of intoxication. Sleepy or stuporous in the later stages. Forgetfulness in conversation. Poor memory; attention to detail. Redness in whites of eyes, but pupils unlikely to be dilated. Common observable behaviors Things To Remember
Common Observable Behaviors Common Observable Behaviors Reasonable Suspicion Training For Supervisors Signs and Characteristics HEROIN, METHADONE, OPIUM, CODEINE, MORPHINE, PCP Common observable behaviors Constricted pupils fail to respond to light Lethargy, drowsiness. Redness and raw nostrils from inhaling Scars (tracks) on inner arms or other parts of body, from needle injections. Use or possession of paraphernalia, including syringes, bent spoons, bottle caps, eye droppers, rubber tubing, cotton and needles. Slurred speech Things To Remember
Common Observable Behaviors Common Observable Behaviors Reasonable Suspicion Training For Supervisors Signs of Stimulant Abuse COCAINE, AMPHETAMINES, METHAMPHETAMINES, PCP Common observable behaviors Dilated pupils Use or possession of paraphernalia including small spoons, razor blades, mirror, little bottles of white powder and plastic, glass or metal straws Excessive activity, difficulty sitting still Irritable, argumentative, nervous Talkative, but conversation often lacks continuity; changes subjects rapidly Runny nose, cold or chronic sinus/nasal problems, nose bleeds Things To Remember
COLORADO DEPATMENT OF COLORADO DEPATMENT OF TRANSPORTATION TRANSPORTATION Reasonable Suspicion Training For Supervisors Break
Things to Remember Things to Remember Reasonable Suspicion Training For Supervisors Common observable behaviors Alcohol is a legal drug as long as the employee is not violating USDOT regulations or state or CDOT rules (PD 81.1). Marijuana is classified as a Schedule I substance and illegal at the federal level. CDL holders are governed by federal rules. Marijuana is legal in Colorado, but not legal in the in the workplace. Things To Remember
Things to Remember Things to Remember Reasonable Suspicion Training For Supervisors Common observable behaviors Your job is not to diagnose a substance abuse problem. Your job is to make objective observations and perform the reasonable suspicion process. Things To Remember
Things to Remember Things to Remember Reasonable Suspicion Training For Supervisors Common observable behaviors More than one indicator should be present for reasonable suspicion to exist. However, the smell of alcohol on breath is sufficient as a single indicator. Once the reasonable suspicion process begins, it must be completed without interruption. Things To Remember
Things to Remember Things to Remember Reasonable Suspicion Training For Supervisors Common observable behaviors Some medical conditions (such as diabetes) can mimic signs of alcohol use. Employees may be referred to C- SEAP at any time, although it is voluntary for them to go. Things To Remember
What To DO First . . . What To DO First . . . Reasonable Suspicion Training For Supervisors What To Do First Observe employee behaviors. Is substance use indicated? Be fair and objective. Call 9-1-1 if necessary (medical situation) Fill out CDOT s Reasonable Suspicion form 946a Contact your appointing authority or designee for permission to test employee Refer for Testing Additional Considerations
Refer for Substance Testing Refer for Substance Testing Reasonable Suspicion Training For Supervisors What To Do First Discuss with appointing authority or designee whether to refer for testing. Refer for Testing Additional Considerations Proceed with substance testing if approved by appointing authority.
Refer for Substance Testing Refer for Substance Testing Reasonable Suspicion Training For Supervisors What To Do First Employee must be notified verbally or in writing that their test is required by federal law. Refer for Testing Additional Considerations The supervisor shall escort the employee to the drug testing collection location. It is prohibited to allow employee to self-transport to drug testing collection location.
Additional USDOT Considerations Additional USDOT Considerations Reasonable Suspicion Training For Supervisors What To Do First Employees and CDL holders may take prescribed drugs if their physician advises the employee and the CDL holder that the drug will not adversely affect their ability to safely operate their vehicle or commercial motor vehicle. Refer for Testing Additional Considerations
Additional USDOT Considerations Additional USDOT Considerations Reasonable Suspicion Training For Supervisors What To Do First CDOT requires CDL holders to report therapeutic drug use to their supervisor (PD 81.1). Refer for Testing Additional Considerations The Federal government does not recognize medical marijuana as a valid medical treatment, so it is not a defense in a USDOT positive for marijuana test result.
COLORADO DEPATMENT OF COLORADO DEPATMENT OF TRANSPORTATION TRANSPORTATION Reasonable Suspicion Training For Supervisors Break
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 1. Observes the appearance, behavior, speech or body odors of employee as indicators of possible prohibited conduct. 2. Removes the employee from the performance of safety-sensitive duties when observed behaviors warrant reasonable suspicion testing. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility SELF-DISCLOSURE BY THE EMPLOYEE IS PROHIBITED WHEN USED TO AVOID REASONABLE SUSPICION TESTING. - CDOT Procedural Directive 81.1 Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 3. Identifies and documents the reasonable suspicion observations (CDOT form 946a). Two or more supporting observable behaviors should be documented. Ask the employee whether there is a reason for their current behavior. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility 4. Contact the Appointing Authority or their designee, to review observations and obtain concurrence to proceed with reasonable suspicion testing. Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors RESPONSIBILITIES 5. The Appointing Authority or their designees reviews observation documentation (CDOT 946a) with supervisor. 6. Based on observations, approval to proceed with testing, or denial to proceed with testing is given. Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 7. Once the Appointing Authority or the designee s approval to proceed is given the supervisor will take the employee for a test. RESPONSIBILITIES Supervisor Employee The supervisor will explain to the employee, in a confidential manner, that he/she is being required to accompany the supervisor for a reasonable suspicion test for alcohol and drugs as determined by the observations made and the possible causes for those behaviors. Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 8. The supervisor will arrange for the employee to be taken to the collection site for testing. Under no circumstances shall the employee be allowed to drive to or from the test site on their own. 9. The supervisor shall complete CDOT form 1200 and provides the form (s) to the employee. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors RESPONSIBILITIES 10. Proceeds to the test site with supervisor, photo identification and cooperates in completing the test procedures. Supervisor Employee Appointing Authority or Designee Responsibility ANY EFFORTS TO AVOID TESTING OR TAMPER WITH THE TESTING PROCESS WILL RESULT IN A REFUSAL TO TEST, AND A POSITIVE TEST RESULT. Collection Facility 49CFR 40.285, CDOT PD 81.1 Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 11. Consults with Appointing Authority, or designee, on alcohol test results prior to taking further action concerning the return of the employee to work or arranging transportation home. 12. Arranges transportation home for the employee who has tested positive for alcohol, or exhibiting behavior that risk employee injury in the workplace. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 13. Informs the Appointing Authority or their designee immediately of positive alcohol results and sends all alcohol test results to the MRO. 14. Processes the collected urine test samples and forwards them to the testing laboratory for analysis. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 15. Conducts the appropriate controlled substance screening tests. 16. If the initial screening tests are positive, performs more sophisticated confirmatory testing of the sample using Mass Spectrometer/Gas Chromatography testing equipment. 17. Forwards the test results to the MRO. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Testing Laboratory Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 18. Communicates all negative controlled substance test results to the Appointing Authority or their designee. 19. If test results are positive, the MRO will immediately attempt to contact the affected employee by telephone. 20. If, after reasonable attempts to contact the affected employee, the MRO is unable to do so, he/she notifies the Appointing Authority or their designee. They must now continue to make immediate reasonable attempts to contact the affected employee. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 21. Attempts to contact the affected employee, as soon as practicable, to let him/her know that he/she has 72 hours to contact the MRO. The Appointing Authority or their designee then notifies the MRO when contact with the employee has been made. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 22. Contacts the MRO within 72 hours to provide an explanation, if any, for a positive test finding. Failure to contact the MRO within 5 days will result in a positive test result being reported to the Appointing Authority or designee. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 23. Gives the affected employee an opportunity to explain a positive test finding to the MRO, or for the MRO to require additional testing if warranted. 24. Reports the positive test findings as negative to the Appointing Authority or their designee if the employee s explanation is medically satisfactory to the MRO. 25. Provides a positive report to the Appointing Authority or their designee if the employee s explanation of the positive result is not satisfactory. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors RESPONSIBILITIES 26. Elects, at his/ her discretion, to have the split portion of the sample tested at a different certified lab for the presence of any positive drug findings. 27. Makes necessary arrangements with the MRO to have the split sample analyzed, within the 72-hour allowable time frame. Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 28. Directs the split sample to be tested for the presence of the illicit drug (s) previously reported, at a second certified lab as directed the employee. 29. Reports the findings from the second laboratory to the departmental Appointing Authority or their designee and the employee. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO)
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 30. On receiving positive test results on the employee, the Appointing Authority or designee immediately removes the employee from all safety-sensitive duties. 31. The employee is provided the contact information to a referral service for Substance Abuse Professionals. 32. A R-6-10 is set for the earliest possible date to gather information surrounding the policy violation. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 33. The employee must contact the referral service and make an appointment with a Substance Abuse Professional (SAP). 34. The employee must inform the Appointing Authority or designee of the name, date, time, and location of the scheduled SAP appointment within 10 working days of receiving the SAP referral information from the Appointing Authority of designee. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 35.The SAP conducts an evaluation to determine the substance dependency level of the employee. 36. The SAP develops a treatment plan (Plan) for the employee based on the evaluation. 37. The SAP communicates with the Appointing Authority or designee regarding the employee s progress towards completing the Plan. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 38. The SAP informs the Appointing Authority or designee when a Return-to- Duty substance test can be conducted, and the number of Follow-up substance test to be conducted by CDOT. 39. The Appointing Authority or designee schedules the employee for a Return-to- Duty substance test based on the SAP communication. RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors 40. The employee performs the Return-to- Duty substance test for both alcohol and drugs. 41. The Return-to-Duty substance test results must be negative for both alcohol and drugs before the employee can resume performing their safety- sensitive duties. 42. The employee must complete all scheduled Follow-up substance testing with negative results. (interactive discussion on how this is done and by whom) RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional
CDOT Reasonable Suspicion CDOT Reasonable Suspicion Process Process Reasonable Suspicion Training For Supervisors Review & Questions
Role Role- -play play Reasonable Suspicion Training For Supervisors Forms are part of the hand outs, we will have them fill out the 946a form, and do a role play if time allows
