Reasonable Suspicion Education

Oregon Department of Corrections

• BIO-MED Testing Service Inc. Salem, Oregon

• (503) 585-6654• 1-800-434-6654

– info@bio-medtesting.com– www.bio-medtesting.com

Oregon D.O.C.

• Presentation by DOC Personnel

• Specific Requirements and SOP

The role of the Third-Party Administrator (TPA)

• Stand in the shoes of the employer• Independent quality assurance• Defensibility of all aspects of testing• Expert help available 24/7• Help with Policy, Education, Hearings,

Arbitration- neutrality• Help protect employee rights to fair, accurate tests

Why Are We Here?

• Objective

– What is Reasonable Suspicion Testing?– Drug and Alcohol Effects – Testing Processes and Procedures – Understanding DOC Policy and Practices– Myths and misconceptions– Tampering Issues

Reasonable Suspicion Testing

• NOT PROBABLE CAUSE TESTING– Testing based upon observable signs and

symptoms of possible drug/alcohol use– Testing conducted during a time when employee

exhibiting S/S– No second hand reports, no voluntary collection– Determinations made only by 2 trained

supervisors who concur

Let’s Look at the Drugs

• Marijuana

• Cocaine

• Amphetamines/ Methamphetamines

• Opiate

• Phencyclidine

• Alcohol

Drug Detection Times

• Marijuana 15-120 days

• Cocaine 1-3 days

• Amphetamines/ meth. 1-3 days

• Opiates 5-7 days

• Phencyclidine 1-5 days

• Alcohol 1 drink/ hour

Physical Signs and Symptoms ALCOHOL

• Consumption and Excretion– 1 Drink= 1 beer, 1 mixed drink, 1 glass wine all equal

same ethanol amount 0.02%– Average Male under 50 can process 1 drink (0.02) per hour– 2 beers in 1 hour before work= 0.02-0.04%– Prohibited level in your workplace is 0.02%– DOT prohibited level is 0.02%– Can be arrested in your personal car for “driving under the

influence” at 0.02-0.079 if you show impairment.– Driving Intoxicated is 0.08 or higher in Oregon

Physical Signs and Symptoms ALCOHOL

• BrAC of 0.10%– Diminished vision, decreased reaction time,

loss of judgment and mental impairment

• BrAC of 0.15%– Confused, unsteady movements, difficult

balance and slurred speech

Physical Signs and Symptoms ALCOHOL (continued)

• BrAC of 0.25% or higher– Nearing impaired consciousness – May not respond

• BrAC of 0.40% or higher– Death may occur

Physical Signs and Symptoms ALCOHOL (continued)

• Speech Indicators– Abnormal or Slurred – Does the speech pattern

make sense?– Slowed or exaggerated speech- Does it take a

long time to answer a simple question?– Nonsensical Speech Patterns- Is the speech

coherent and understandable?

Physical Signs and Symptoms ALCOHOL (continued)

• General Awareness– Short attention span– Impaired- overestimates distance and

underestimates speed– Clumsiness– Distorted sense of time– Exaggerated sense of physical capabilities

Conditions that Mimic Alcohol Misuse

• Diabetes• Epilepsy• Trauma• Brain Diseases or tumors• Parkinson’s Disease• Other neurological disorders• Allergic reaction to prescriptions

Physical Signs and Symptoms DRUGS

• Marijuana– Reddened Eyes (use of eye drops)– Slowed Speech– Distinctive Odor on clothes– Lackadaisical, “I don’t care” attitude– Chronic fatigue and lack of motivation– Irritating cough, chronic sore throat

Physical Signs and Symptoms DRUGS (continued)

• Marijuana- Mental Functioning

– Delayed decision making– Diminished concentration– Apathy– Impaired signal detection- ability to detect a flash of light– Impaired tracking- ability to follow moving objects with

eyes– Distortions in time estimation– Paranoia– “Acute Brain Syndrome” memory, sleep, cognitive

Physical Signs and Symptoms DRUGS (continued)

• Cocaine– Financial problems- going down in price– Frequent- extended absences– Increased physical activity and fatigue– Isolation and withdrawal from friends and routine activities– Secretive behaviors- non-business visitors, phone calls…– Unusual defensiveness, anxiety and agitation– Wide mood swings– Runny or irritated nose– Difficulty in concentration

Physical Signs and Symptoms DRUGS

• Cocaine…..– Dilated pupils and visual impairment– Restlessness and aggressive behavior– Formication- (feeling of bugs on skin)– High Blood pressure, heart palpations, irregular

rhythm– Hallucinations

Physical Signs and Symptoms DRUGS

• Opiates– Narcotic Drugs- Heroin, Demerol, Methadone, Morphine,

Codeine, Oxycotine, Vicodin….

• Signs and Symptoms– Mood changes– Impaired mental functioning and alertness– Constricted pupils– Depression and apathy– Impaired coordination– Insomnia, fatigue and drowsiness – Nausea, vomiting and constipation

Physical Signs and Symptoms DRUGS

• Amphetamines– Hyperexcitability, restlessness– Loss of appetite– Dilated pupils– Increased heart rate and blood pressure– Heart palpitations and irregular beats– Profuse sweating– Rapid respiration– Confusion, panic– Talkativeness – Speech disturbances

Self Reporting

• The DOC strongly encourages self-reporting of drug or alcohol problems

• If employee is asked for a Reasonable Suspicion test- it is too late for “self-reporting”

• The request for help must be prior to a serious performance problem or accident

What Events Can Trigger Reasonable Suspicion?

• Deteriorating job performance

• Conflicts with others

• Change in appearance or behavior

• Change in hygiene practices

Let’s Review the Checklist

• Observable Signs and Symptoms

• Short-term indicators– Recent serious event

• Long-term indicators– Patterns of behavior developed over time

If You Have Reasonable Suspicion, What’s Next?

• Know what the employee is doing at the time- is it safe?

• Consult with another trained supervisor• Contact your Human Resources Manager• Arrange transportation to test site• Review DOC Drug Policy and Collective

Bargaining Agreement• Have BIO-MED Collection Site List ready• Document basic facts or circumstances

Approaching the Employee

• Remember confidentiality and privacy• ASK if they want union steward present- no delay• Tell employee this is to determine if safe to work;• Reasonable suspicion test is requested based upon

observable signs and symptoms; use the checklist!• Explain DOC procedure, policy and process• Transport ASAP

What to Expect...

• D- don’t

• E- even

• N- know

• I- i

• A- am

• L- lying

Other Considerations

– If after hours/weekends- check collection site list to determine if after-hours services listed.

– If not, CALL BIO-MED IMMEDIATELY TO SET UP A COLLECTION 1-800-434-6654

– NEVER USE A NON-APPROVED CLINIC!– Do not allow a collection site to make you wait

for a test– “Shy Bladder” allow 3-hours to void– In uniform, consider using side door of clinic

What to Document

• Employee explanation for signs and symptoms• Employee attitude and behavior at interview• Times and sequence of events• Who was present and why• That the testing process and procedure was

explained and policy reviewed• If refusal, informed of consequences• If refusal, they should not drive car off DOC property

General Guidelines

• Do not let the employee out of sight• Try not to let employee use restroom!• Expect the unexpected• Remember confidentiality• Breathalyzer for alcohol testing?!• Don’t argue- you can’t win

What if…

• The employee is being treated at a hospital and you believe the accident may have been caused by drug/alcohol use?– If at authorized Collection Site ask them to

conduct a Drug/Alcohol test– If at another non-authorized facility, call BIO-

MED to arrange a sample collection– If hospital refuses, CALL BIO-MED

IMMEDIATELY!

Test Result Reporting

– ONLY THE APPROVED D.E.R. (Designated Employer Representative) IS AUTHORIZED TO RECEIVE ALL RESULTS!

– Drug test results automatically go from BIO-MED to DER

– Breath test results must be faxed to Carla Perkins in HR (DOC’s DER) at 503-378-6427.

– DO NOT ALLOW TECHNICIAN TO GIVE YOU THE BREATH TEST RESULTS

– In emergency- Technician can call BIO-MED

Transporting Employee Home

• Be safe• Best if 2 supervisors transport• Expect lots of stories• May be confrontational- Your safety is 1st!• May admit a drug or alcohol problem

– If so, don’t make any assurances, it may be too late to “self-report.” Proceed with test regardless

When Back at Your Office

• Assure HR is notified ASAP• Prepare full report including all check sheets and

company required documentation;• Document employee behavior to and from test site

as well as employee admissions;• Assure you document that employee was safely

escorted home• Make sure BOTH supervisors have prepared

documentation (check sheets etc.)

Common Supervisor Errors

• Not following Policy and Collective Bargining Agreement

• Using second-hand reports for R/S• Allowing employee to leave before test complete• Micromanagement- “Killing em with kindness”• Confidentiality Breech- Random• Allowing a urine or blood alcohol test• Allowing unauthorized technician/clinic to

perform test

What About Prescriptions?

• Employee should not be asked to disclose medications by you or at the collection site!

• As long as the employee has a current valid prescription for a medication there’s nothing to worry about!

Testing Process

• To SAMHSA Certified Lab

• To Certifying Scientist

• To Certified Medical Review Officer– MRO calls employee at home to verify

• To Certified Substance Abuse Program Administrator

• To DOC DER

The Effects of Drugs over time

Nov 1979 July 1980 Aug 1980 Mar 1981 1982

May 1986 Apr 1988 1988 June 1988 Jan 1989

This is a series of arrest photographs of the same individual taken over the course of 10 years. Some of the photos were taken at closer time intervals than others. Note the radical difference between photos 6 & 7, taken less than 2 years apart. Unfortunately, we do not have any photos prior to the first arrest to see the initial changes.

http//www.hollywoodpolice.org/special_units/cat.htm

•4 Issues that will BITE you

• Check out an employee “allegation” before taking it to the bank!

• The Collector put some powdered substance in my sample

• My sample got mixed up at the lab so the test was cancelled

• I got my own test result the same day and it was negative

Bite You Lesson #1

Bite You Lesson #2

Not Protecting Employee Identifiable Information from Identity Theft

• Do not require employees to be tested using their Social Security Number- Should use other appropriate Identification Number such as employer ID or other unique number

Bite You Lesson #3

• Roe V. Cheyenne Mountain Conference Resort (1997)

• Policy required disclosure of prescription medications

• Considered a “medical evaluation”• Violated A.D.A. Rule as “disability related”• EEOC joined in suit• Complainant then filed 2 additional state cases

Bite You Lesson #4

• Wigginton v White• Appellate Ct of ILL March 2006

• Lynnanne Wigginton’s Story….School Bus driver 24-years

– She told Supervisor she never used, Supervisor allowed her to re-test at clinic a few days later

– She brought in all her previous neg. test results

– “Drug Test Unreliable”- reinstated with damages

Drug Testing Bite You Avoidance

• Consistent practices and procedures• Remember Drug/Alcohol testing information is

federally protected & highly confidential, especially for public employees

• Engage H.R. in all disciplinary decisions-

• Don’t become a Dog Bite Casualty

Medical Marijuana

– If employee states they have a Medical Marijuana card, still conduct test

– CALL H.R. FAST when any DOC employee reports use of Medical Marijuana! Do not engage in a conversation with employee/applicant on this topic

Myths and Misconceptions

• Second-hand exposure

• Poppy seeds, food substances

• OTC medications, including alcohol

• Herbal remedies -flushing

• “Trace amounts”

Adulteration and Substitution Issues

• 7% of GNC sales- adulteration products

• Urineluck.com

• Hightimes.com

• Urineaid, urineluck, wizzies, fizzies klear, turboclean, The urinator, freeze-dried urine, human urine catheterized

• What’s next?

Questions and Answers