What Has To Be Understood 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. A legal standard is essential in that it properly balances each citizen's civil rights against the necessity of identifying criminal behavior. Equally critical and important, balancing both sides is essential and there are strict rules that govern how the situation can be judged. If the suspicion is verified as fact, then enforcement officers are given more leeway with actions that would otherwise be considered an invasion of privacy. The descriptions for reasonable suspicion as relates to drug control differ from state to state. Some of the most common tenets of this proof include the perceived physical symptoms or manifestations of being under the influence of alcohol or a drug while on duty or at work. Some symptoms are pretty straightforward to a judge like dilated pupils and must be documented with photographs to help protect the business from invasion of privacy liability. Far more subjective include other symptoms such as a change in personality. For that reason, this type of evidence is weaker. However, it can be supported if two or more employees reach the same judgment. Documentation is even more essential in these kinds of scenarios. In the case of a personality alteration, a time-stamped video recording lasting 30 seconds or more is appropriate. A second tenet of evidence is the direct observation of alcohol or substance abuse while on the job. It can also include the possession, sale, or transfer of drugs while on duty. Perhaps even more importantly, this proof is complete if the employee fails a drug test and goes through all the validation protocols that entails. A supervisor cannot unilaterally choose a single employee and test him daily based on the rules of invasion of privacy. Not simply 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 must be specified by a third party testing company. During drug or alcohol testing, the operations are enacted with rigorous protocols. Not only risking employment, any employee that refuses a drug test garners an element of guilt. With the many rules and test protocols, careful identity check of the person showing up for the test as well as banning any objects from entering the testing area, ensures a person is not able to cheat on the test in anyway. A repeat testing would be required for anyone who breaches standard protocol. If an employee tests positive for a substance, than an entirely new protocol starts. The medical review officer (MRO) verifies the test. Then the employee is given a chance to produce a reason for the positive test 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 ways to deal with suspected substance abuse is training. When choosing one drug testing program over another, the quality of the training is usually the key factor. All employees are afforded this basic training. Leaders must go through far more comprehensive training, to be the decision making body for a number of situations. Properly trained personnel and managers will be the best prepared to provide for the safety of themselves and their customers through drug understanding, while obeying all the legal requirements of their company and government regulations. Western Aero Medical Consortium
What Has To Be Understood About Reasonable Suspicion
When you have cause to believe you have an employee that fits reasonable suspicion critiques, contact Western Aeromedical Consortium to acquire advice and referrals for alcohol and drug screening. Find out about Western Aeromedical Consortium by going to their web page which is http://www.faadrug.com/.
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Western Aero Medical Consortium
Published on Apr 15, 2014
When you have cause to believe you have an employee that fits reasonable suspicion critiques, contact Western Aeromedical Consortium to acqu...