Things To Know About Reasonable Suspicion Considered one of the legal standards of proof in the United States is reasonable suspicion as it pertains to drug control in a company. The significance of a legal standard is to balance effectively each citizen's civil rights against the importance of identifying criminal conduct. Equally critical and important, balancing both sides is essential and there are strict rules that govern how the situation can be evaluated. Law enforcement officers are given more leeway with actions that might otherwise be deemed as an invasion of privacy if the suspicion is validated as being a fact. The actual definition will vary among states when it refers to reasonable suspicion as far as drug control is concerned. Physical warning signs or manifestations of being under the influence of alcohol or drugs while on duty or at work is the most common tenets of this proof. Some of these symptoms, such as dilated pupils, are direct to the point to judge and should be documented with photographs to help protect the company from an invasion of privacy liability. Much more subjective include other symptoms including a change in personality. Because of this, this type of evidence is less strong. However, it can be bolstered if two or more employees reach the same judgment. For these situations, documentation is even more vital. A time stamped video recording lasting 30 seconds or longer is suitable in the case of personality transformations. The direct observation of drug or alcohol use while on the job is another element of proof. While on duty this can include possession, sale or transfer of drugs. Perhaps most importantly, this proof is complete if the employee fails a drug test and goes through all the validation protocols that entails. A manager cannot unilaterally choose a single employee and test him daily according to the rules of invasion of privacy. Not just by a whim of a manager, tests are limited in their frequency and must be administered through a scheduled protocol. The exact dates for random testing have to be specified by a third party testing agent. During drug or alcohol testing, the procedures are enacted with rigorous protocols. An employee is unable to “take the fifth†on a drug test without garnering an element of guilt and jeopardizing his job. Many guidelines regarding test protocols ensure that a person cannot “cheat†on their tests, including a careful identify check of the person appearing for the test, and the prohibiting of any objects brought into the testing location. Any breach of protocol invalidates the test and requires a repeat. An entire new protocol takes over in the event an employee tests positive for a illegal drug. The MRO or a medical review officer verifies the test and reaches a conclusion. Any positive test results result in the employee being given the chance to produce a reason for that final result. The lab must reconfirm a positive test with a split specimen in case an employee challenges the results. The key to understanding reasonable suspicion and the way to deal with suspected substance abuse is training. When deciding on one drug testing program over another, the standard of the training is usually the main factor. All employees are afforded this basic training. In order to be the decision making body for a number of situations, managers must go through an extensive training course. Properly trained employees and managers will be the best prepared to provide for Western Aero Medical Consortium
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Things To Know About Reasonable Suspicion the safety of themselves and their customers through drug awareness, while obeying all the legal requirements of their firm and government regulations. For those who have needs to get up-to-speed relating to reasonable suspicion training, Western Aeromedical Consortium can provide the most current training available. Check out http://www.faadrug.com/ for much more information about Western Aeromedical Consortium.
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Western Aero Medical Consortium
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