• Breath, clothes, hair, or hands smell like alcohol or marijuana • Breath smells like mouthwash, mints, or gum • Physical appearance disheveled/ • Eyes bloodshot, glassy, or watery • Eyelids droopy or puffy • Dilated or pinpoint pupils Continued on page 33 performing potentially hazardous work are not under the influence of drugs or alcohol that can create hazardous conditions to any employee who may be impaired or to co-employees who may be injured because of the impaired employee’s actions. One component of ensuring safe operations is reasonable suspicion drug testing. Under most jurisdictions, an employer is permitted to require a drug test when there is reasonable suspicion, based upon specific, contemporaneous, objective, and articulable facts concerning an employee’s appearance, behavior, speech, or body odors that an employee is under the influence. One of the biggest concerns regarding reasonable suspicion testing is whether the employer’s suspicion was objectively reasonable under the circumstances. To avoid this issue, it is advisable that employer’s define reasonable suspicion in its drug testing policy and identify specific behaviors that may trigger such suspicion. To develop this definition, employers should look to their state and municipal jurisdictions, which may specifically define reasonable suspicion, “cause,” or “probable cause.” For example, the Illinois Compas-sionate Use of Medical Cannabis Pilot Program Act, which became effective on January 1, 2014, defines impairment as follows: An employer may consider a registered qualifying patient to be impaired when he or she manifests specific, articulable symptoms while working that decrease or lessen his or her performance of the duties or tasks of the employee’s job position, including symptoms of the employee’s speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee or others, or involvement in an accident that results in any injury to the employee or others. If an employer elects to discipline a qualifying patient under this subsection, it must afford the employee a reasonable opportunity to contest the basis of the determination. It is also advisable that an employer implement a written “Reasonable Suspicion Checklist” for a supervisor to document incidents involving reasonable suspicion of impairment. The employer should complete the checklist within 24 hours of the observed appearance that led to the reasonable suspicion. The employer should also document all of the indications that led to the reasonable suspicion, such as: unkempt Material Handling Problems? THE ANSWER: V-RAM ~ Reduces Tramp Material Problems ~Reduce Cross Contamination ~ Pump Large or Small Volumes ~ Pump Long or Short Distances TRUSTED! PROUDLY RELIABLE! MADE IN DURABLE! THE USA! Edible and Inedible Styles Available! WWW.VRAM.COM 888-373-3996 www.rendermagazine.com Render June 2014 31
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