Refusing To Test?
Many workplace drug and alcohol testing policies do not define "refusing to test" and provide no disciplinary consequences for it. This is a serious mistake because employees routinely engage in evasive behaviors to avoid a drug or alcohol test. Such behaviors may constitute "refusing to test" and should lead to termination.
Employers with a comprehensive drug testing policy as part of their drug-free workplace program often include reasonable suspicion testing, also known as for-cause or probable-cause testing. Reasonable suspicion testing must be based on individualized suspicion of a particular employee, and employers need to document objective facts that would suggest to a reasonable person that the individual is under the influence in violation of company policy. Supervisors, managers, and HR professionals should be trained in recognizing the signs of substance abuse in the workplace.
When an employee is suspected of being under the influence, firsthand observation should be made immediately by more than one supervisor or manager. Some examples of the signs an employer may observe are described below.
When two or more members of management make observations significant enough to warrant reasonable-suspicion drug testing, this should be documented and explained to the employee being sent for testing.