Noah Vinter
Reasonable suspicion of alcohol impairment in the workplace is a serious matter that requires prompt action and documentation. When an employee is suspected of being under the influence of alcohol, supervisors or trained officials must follow specific procedures to ensure the safety and well-being of all involved. This includes making contemporaneous observations regarding the employee's appearance, behaviour, speech, and body odours, which are indicative of alcohol misuse. A reasonable suspicion checklist can aid in documenting these observations, along with witness statements and the time of day these observations were made. The supervisory official should also inform the employee privately about the upcoming drug and alcohol test, remaining with them throughout the process. The testing must be conducted within two hours of the observed behaviour, and if not administered within eight hours, attempts must cease with a written explanation. After testing, the employee should be relieved of their duties for the day and placed on administrative leave until the results are received.
| Characteristics | Values |
|---|---|
| Person making the observations | A supervisor or company official who is trained |
| Time of observations | During, just before, or just after the period of the workday |
| Time of testing | Within two hours of the observations |
| Testing not conducted within two hours | A written record stating the reasons must be prepared |
| Testing not conducted within eight hours | Attempts to administer the test must be ceased |
| Indicators | Appearance, behavior, speech, body odors, erratic behavior, slurred speech, smell of alcohol, unsteady walking |
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What You'll Learn
Slurred speech, erratic behaviour, and the smell of alcohol
When dealing with reasonable suspicion of alcohol impairment in the workplace, it is important to be vigilant about certain signs and behaviours. Slurred speech, erratic behaviour, and the smell of alcohol are key indicators that an employee may be under the influence of alcohol. Here are some important considerations and steps to take when addressing these issues:
Slurred Speech
Slurred or unclear speech is a common sign of alcohol impairment. If you notice an employee is having difficulty speaking clearly or their speech sounds muddled, it could be a cause for concern. Document this observation and any other relevant details, such as the time of day and any witnesses present.
Erratic Behaviour
Erratic behaviour can manifest in various ways and may include unusual or atypical actions that deviate from the person's normal behaviour. This could involve sudden mood changes, aggressive behaviour, lack of coordination, or unusual risk-taking. Observe and document any erratic behaviour, ensuring you note the specific actions and their potential impact on the workplace.
Smell of Alcohol
The smell of alcohol on an employee's breath or person is a strong indicator of recent alcohol consumption. However, it is important to be cautious as the odour can sometimes come from other sources, such as hand sanitiser or cleaning products. If you detect the smell of alcohol, document this observation and any other accompanying signs, such as slurred speech or erratic behaviour.
Next Steps
Once you have identified these signs and documented your observations, it is crucial to follow your company's drug and alcohol policy. This may involve initiating a reasonable suspicion alcohol testing referral process, which should be done promptly and in accordance with applicable laws and guidelines. Consult with your HR department or a trained supervisory official to ensure the appropriate steps are taken, and always treat the employee with respect and privacy during this process.
Remember, reasonable suspicion in the workplace is based on objective evidence and clear signs of impairment. By addressing these issues promptly and following the appropriate procedures, you can help ensure a safe and healthy work environment for all employees.
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Physical appearance, including unsteady walking
When it comes to checking for reasonable suspicion of alcohol consumption, physical appearance can be a key indicator. One of the most prominent signs is unsteady walking. If a person is unable to walk in a straight line or maintain their balance, it could be a sign of intoxication. In addition to unsteady walking, there are several other physical indicators that can be observed:
- Bloodshot or glazed eyes: Alcohol can cause the eyes to appear red, bloodshot, or glassy.
- Slurred speech: Slurred or incoherent speech is a common sign of alcohol impairment.
- Erratic behaviour: This may include sudden mood changes, irritability, or acting out of character.
- Smell of alcohol: The odour of alcohol on a person's breath or clothing can be an obvious indicator.
- Dishevelled appearance: A person under the influence may have messy hair, untucked shirts, or overall untidiness.
It is important to note that these indicators should not be the sole basis for determining alcohol impairment. Supervisors or managers should also observe behavioural, speech, and performance indicators. Additionally, reasonable suspicion checklists and observation forms are useful tools to document specific observations and factors contributing to suspected impairment. If reasonable suspicion is established, the next steps outlined in the company's drug and alcohol policy should be followed, which may include drug and alcohol testing and administrative actions.
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Behaviour towards others, e.g. irritability
When it comes to checking for reasonable suspicion of alcohol use, irritability towards others is a key behavioural indicator to look out for. This can manifest in various ways, and it is important to be vigilant and observant in order to ensure the safety and well-being of all employees in the workplace.
One example of irritable behaviour could be an employee being short or rude to their colleagues or clients. For instance, they may display impatience, raise their voice, or respond abruptly or sarcastically to others' queries or comments. Such behaviour could be a sign of alcohol impairment, particularly if it is uncharacteristic of the individual.
Another indicator of irritability could be an employee's inability to handle stress or criticism. They may become easily agitated when faced with challenging tasks, deadlines, or constructive feedback. This could lead to them lashing out verbally, or even exhibiting physical signs of frustration, such as clenching their fists or pacing restlessly.
Additionally, a suspicious level of irritability could be observed if an employee becomes overly defensive or sensitive to others' requests or suggestions. They may perceive harmless comments as personal attacks and react disproportionately, perhaps even becoming argumentative or combative.
It is important to note that while these behavioural indicators can suggest reasonable suspicion of alcohol use, they should not be the sole basis for judgement. They must be accompanied by other signs, such as those listed in a reasonable suspicion checklist, which can include physical appearance, odour, and erratic behaviour. Furthermore, it is crucial to validate any concerns by documenting observations and following the appropriate testing and reporting procedures, as outlined by your organisation's drug and alcohol policy.
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Admitting to drinking alcohol while on duty
First and foremost, it is crucial to create a safe and non-judgmental environment for the employee to speak openly and honestly. Assure them that their admission is a step towards resolving the issue and that their honesty will be taken into account.
Next, gather all the relevant facts. Ask the employee about the amount of alcohol consumed, the timeframe, and any other pertinent details. Determine if there were any witnesses or colleagues who can provide additional information. It is also important to assess the employee's current state; observe their behavior, speech patterns, coordination, and overall appearance for any signs of impairment.
Once you have a clear understanding of the situation, separate the employee from any safety-sensitive duties. This is a precautionary measure to ensure the well-being of both the individual and their coworkers. Depending on the nature of the work, you may ask them to take a break or assign them to a different, non-sensitive task for the time being.
Promptly document everything that has transpired, including the employee's admission, your observations, and any relevant details. Maintaining a thorough record is essential for future reference and for demonstrating due diligence. Ensure that this documentation is kept confidential and stored securely.
Finally, refer the employee to your organization's Employee Assistance Program (EAP) or similar support services. These programs are designed to help employees address personal issues, including substance abuse, and often provide resources for counseling, treatment, and other necessary support. Encourage the employee to utilize these services and highlight the potential benefits to their health and well-being.
Remember, it is important to approach this situation with professionalism and empathy. By following these steps, you can effectively address the issue while also supporting the employee's path toward resolution and recovery.
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Testing within two hours of the observed behaviour
Testing for reasonable suspicion of alcohol must be conducted within two hours of the observed behaviour. If testing cannot be administered within this timeframe, the supervisor or employer is required to prepare a written record explaining the reasons for the delay. This record should be maintained on file. If more than eight hours pass following the observed behaviour, attempts to administer the test must be ceased, and the reasons for not doing so must be stated in the record.
The two-hour window for testing is in place to ensure the reliability of the results. Alcohol is absorbed into the bloodstream and eliminated from the body over time, and testing too long after the observed behaviour may result in a false negative.
In the case of employees, supervisors should inform the employee privately that they will be receiving an alcohol test and remain with them until the testing process is complete. The employee should be relieved of their duties for the day and placed on administrative leave until the results are received. It is important to note that supervisors must not permit employees suspected of being under the influence to drive home. Instead, they should ensure the employee is transported home safely.
For drivers, alcohol testing is authorised when observations of the driver's appearance, behaviour, speech, or body odours indicate reasonable suspicion that the driver is under the influence of alcohol. These observations should be made during, just preceding, or just after the period of the workday when the driver is required to comply with alcohol prohibitions. This typically includes when the driver is performing, about to perform, or has just finished performing safety-sensitive functions.
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Frequently asked questions
Signs of alcohol impairment include slurred speech, erratic behaviour, and the smell of alcohol.
The required observations for alcohol reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with the relevant regulations.
If reasonable suspicion is observed, the supervisor should immediately record their findings using the Reasonable Suspicion Observation Form. A second trained manager or supervisor should also be asked to conduct a reasonable suspicion observation and complete a separate observation form. The supervisor will then inform the employee that they will be receiving an alcohol test.
