Testing Thresholds and Criteria: Reasonable Suspicion Decision Making

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Testing Thresholds and Criteria Reasonable
Suspicion Decision Making

• Presented for 4th Annual FTA Drug and Alcohol
  National Conference
• April 8 - 9, 2009
• Presented By Robbie Sales

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WHAT MUST BE EVALUATED?

• In order to make a reasonable suspicion
  determination, the supervisor must evaluate the
  following
• Specific, contemporaneous and articulable
  observations concerning appearance, behavior,
  speech, or body odors of the employee consistent
  with possible drug use or alcohol misuse.
• Only one trained supervisor or company official
  is required.

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TYPICAL SUPERVISORY CONCERNS WITH REASONABLE
SUSPICION REFERRALS

• Loss of employee confidence/support
• Jeopardizing employees ability to make a living
• Do not like confrontation

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TYPICAL SUPERVISORY CONCERNS WITH REASONABLE
SUSPICION REFERRALS

• Possible loss of productivity
• Lack of training on the referral process
• Fear for personal safety

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SUPERVISORs must be knowledgeable of

• Definition of reasonable suspicion
• Definition of role and responsibility of
  supervisors
• Recognition of signs and symptoms of drug use
• Recognition of signs and symptoms of alcohol
  misuse

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SUPERVISORY TRAINING will address

• Short-term indicators
• Long-term indicators
• Initiating, substantiating, and documenting the
  referral
• Employee intervention
• Recordkeeping/document event

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SHORT-TERM OBJECTIVE FACTS PHYSICAL INDICATORS

• Observable physical evidence (drugs and
  paraphernalia)
• Symptoms of druguse and/or alcoholmisuse
• Bloodshot or watery eyes

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SHORT-TERM OBJECTIVE FACTS PHYSICAL INDICATORS

• Flushed or very pale complexion
• Extensive sweating or skin clamminess
• Dilated pupils

• Constricted (pinpoint) pupils

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SHORT-TERM OBJECTIVE FACTS PHYSICAL INDICATORS

• Unfocused, blank stare
• Disheveled clothing
• Unkempt grooming
• Runny or bleeding nose

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SHORT-TERM OBJECTIVE FACTS PHYSICAL INDICATORS

• Possible puncture marks
• Wetting lips frequently complaining of dry
  mouth
• Nystagmus (involuntary jerky eye movement)
• Sensation of bugs crawling on skin

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SHORT-TERM OBJECTIVE FACTS BEHAVIORAL
INDICATORS

• Hyperactivity fidgety, agitated
• Breathing irregularly or with difficulty
  Physical
• Nausea or vomiting Physical
• Slow reactions

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SHORT-TERM OBJECTIVE FACTS BEHAVIORAL
INDICATORS

• Unstable walking
• Poor coordination
• Hand tremors Physical
• Shaking - Physical

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SHORT-TERM OBJECTIVE FACTS BEHAVIORAL
INDICATORS

• Extreme fatigue, sleeping on the job
• Irritable, moody
• Suspicious, paranoid
• Depressed, withdrawn
• Lackadaisical attitude

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SHORT-TERM OBJECTIVE FACTS SPEECH INDICATORS

• Slurred or slowed speech
• Loud, boisterous
• Quiet, whispering

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SHORT-TERM OBJECTIVE FACTS SPEECH INDICATORS

• Incoherent, nonsensical
• Repetitious, rambling
• Clicking sound with tongue

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SHORT-TERM OBJECTIVE FACTS SPEECH INDICATORS

• Rapid, pressured
• Excessive talkativeness
• Exaggerated enunciation
• Cursing, inappropriate speech

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SHORT-TERM OBJECTIVE FACTS

• Inability to concentrate
• Impulsive, unusual risk-taking
• Lack of motivation
• Delayed decision-making

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SHORT-TERM OBJECTIVE FACTS

• Diminished concentration
• Impaired mental functioning
• Reduced alertness
• Significant increase in errors

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SHORT-TERM OBJECTIVE FACTS BODY ODORS

• Odor of alcoholic beverage on breath or clothes
• Distinct pungent aroma on clothing or person
• Smell of cat urine
• Strong chemical odor

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LONG-TERM OBJECTIVE FACTS

• Long-term indicators may actually be the most
  reliable group of indicators to objectively
  document a performance or behavior problem
  associated with illicit drug use or alcohol
  misuse. However, long-term indicators may not be
  used to make a reasonable suspicion referral.

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LONG-TERM OBJECTIVE FACTS

• Work performance problems (quality and quantity)
• Personality changes
• Moodiness
• Aggressiveness
• Depression
• Fearfulness
• Paranoia
• Anxiety

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LONG-TERM OBJECTIVE FACTS

• Chronic problems
• Tardiness
• Absenteeism (Mondays, after holidays, andpaydays
• Leaves work without notice
• Accidents
• Poor judgment
• Difficulty in concentrating
• Gives improbable excuses for absences

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LONG-TERM OBJECTIVE FACTS

• Personal hygiene and physical appearance
• Social withdrawal
• Isolation
• Overreaction to criticism
• Lack of eye contact

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EFFECTS OF ALCOHOL CONSUMPTION

• Staggering
• Slurred speech
• Double vision
• Sudden mood changes
• Unconsciousness

• Flushing
• Dizziness
• Dulling of senses
• Impairment of coordination, reflexes, memory,
  and judgment
• Loss of inhibitions

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HEALTH RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION

• Alcoholism
• Cancers of the liver,stomach, colon,
  larynx,esophagus, and breast
• Brain damage

• High blood pressure,heart attacks, andstrokes
• Alcoholic hepatitis andcirrhosis of the liver
• Impotence and infertility

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HEALTH RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION

• Birth defects and FetalAlcohol Syndrome
• Premature aging
• Kidney damage
• Pancreas damage

• Stomach and duodenal ulcers
• Colitis
• Many others

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EFFECTS OF A HANGOVER

• Headache
• Nausea
• Dizziness
• Dry throat
• Eye ache
• Shaking

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SKILLS IMPAIRED BY ALCOHOL USE

• Vision - ability to see the whole field of
  vision
• Reaction time - ability to recognize and respond
  quickly
• Concentration - attention span is limited

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SKILLS IMPAIRED BY ALCOHOL USE

• Coordination - ability to physically control the
  vehicle is affected
• Reflexes - the bodys ability to respond to the
  brains commands is slowed
• Perception - the brains ability to recognize
  visual images is slowed

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SKILLS IMPAIRED BY ALCOHOL USE

• Judgment - the persons ability to make rational
  decisions is impaired
• Comprehension - the brains ability to understand
  what is going on is impaired

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SKILLS IMPAIRED BY A HANGOVER

• Concentration
• Reflexes
• Professionalism
• Coordination

• Judgment
• Politeness
• Perception
• Comprehension

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DISCUSSION POINTS

• What driving skills are effected by alcohol use?
• Is the alcohol found in beer, wine, and liquor
  the same? Do they have the same impact?
• Can drinking coffee, taking a cold shower, or
  getting fresh air help a person get sober before
  reporting to work?
• What is the difference between alcohol use and
  alcohol abuse?

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MARIJUANA
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EFFECTS OF MARIJUANA USE

• Reduces reaction time
• Decreases awareness ofthe road
• Lowers awareness ofvehicle control

• Reduces peripheral vision (tunnel vision)
• Diminishes estimates oftime and distance
• Impairs coordination

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EFFECTS OF MARIJUANA USE

• Impairs judgment
• Impairs concentration
• Diminishes capacity to perform complex tasks

• Reduces short term memory
• Reduces awareness and perception of diminished
  skill levels

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COMMON NAMES FOR MARIJUANA

• Dope
• Roach
• Hash
• Bud
• Mary Jane
• Ganja
• 420

• Pot
• Grass
• Weed
• Joint
• Reefer
• Smoke
• Blunt
• Chronic

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HEALTH RISKS ASSOCIATED WITH MARIJUANA

• Lung cancer
• Toxic effects of chemicals in marijuana smoke
• Effects of other unknown drugs added to joints

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HEALTH RISKS ASSOCIATED WITH MARIJUANA

• Brain damage
• Accelerated heartbeat
• Increased blood pressure

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HEALTH RISKS ASSOCIATED WITH MARIJUANA

• Decrease in bodys immune system
• Birth defects

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MARIJUANA USE FACTS

• The amount of marijuana required to generate a
  high depends on
• THC content of the marijuana
• Individuals weight, height, and body type
• Driving skills are impaired for 4 to 6 hours
  after smoking one joint, but some people show
  effects for up to 24 hours

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MARIJUANA USE FACTS

• The THC may stay in a persons system for up to
  30 days or longer
• Any use is too much for the public transit
  professional

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SAMPLE PICTURES OF MARIJUANA
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DISCUSSION POINTS

• What are common names for marijuana?
• What health risks are associated with the smoking
  of marijuana?
• How much marijuana is smoked before an individual
  is impaired?

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DISCUSSION POINTS

• How long do the effects of marijuana remain after
  smoking a joint?
• How long does it take for the drug to leave a
  persons system?

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COCAINE
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EFFECTS OF COCAINE USE

• Accelerated heart rate
• Constricted blood vessels
• Dilated pupils
• Increased blood pressure

• Nasal congestion
• Runny nose
• Disintegration of mucous membranes of the nose
• Addiction

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EFFECTS OF COCAINE USE

• Seizures
• Cardiac arrest
• Respiratory arrest
• Reduced blood flow, can leading gangrene of the
  bowels (if ingested)

• Stroke
• Death
• Collapsed nasal septum
• Severe allergic reactions

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EFFECTS OF COCAINE USE

• Lack of appetite
• Inability to sleep

• Paranoia
• Anxiety

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PERSONAL CHARACTERISTICS ASSOCIATED WITH COCAINE
USE

• False sense of power, control, alertness,
  well-being, confidence, and strength
• Impulsive
• Unpredictable
• Paranoid
• Reckless

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AFTER-EFFECTS OF COCAINE USE

• Restlessness
• Anxiety
• Depression
• Exhaustion
• Mental Fatigue

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AFTER-EFFECTS OF COCAINE USE

• Irritability
• Paranoia
• Intense craving for drug
• Preoccupation with drug
• Overall discomfort

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EFFECTS OF CRACK USE

• Short, intense high
• Abrupt halt to high
• Deep depression
• Intense craving for more drug

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COMMON NAMES FOR COCAINE

• Freebase
• Base
• Rock
• Snort

• Coke
• Blow
• Snow
• Speedball

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COMMON NAMES FOR COCAINE

• Eight-ball
• Toot

• Flake
• Crack

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POTENTIAL VICTIMS OF COCAINE USE BY PUBLIC
TRANSIT PROFESSIONALS

• Passengers
• Others on the road
• Co-workers
• Transit system
• Public confidence

• Drug user
• Users family
• Users friends
• Pedestrians
• Society

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SAMPLE PICTURES OF COCAINE
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SAMPLE PICTURES OF CRACK COCAINE
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DISCUSSION POINTS

• What are common names for cocaine?
• Besides the addiction and physical risks directly
  related with cocaine use, what are other risks?
• Who are the potential victims of cocaine use by
  public transit professionals?

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DISCUSSION POINTS

• Why is crack considered so much more dangerous
  than cocaine?
• Why do people become addicted?

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AMPHETAMINES
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EFFECTS OF AMPHETAMINE USE

• False sense of alertness
• Diminished concentration
• Over self-confidence
• Psychological addiction

• Restlessness
• Irritability
• Talkativeness
• Tenseness

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EFFECTS OF AMPHETAMINE USE

• Brain damage
• Suicidal depression
• Hallucinations

• Hyperactivity
• Violent behavior
• Impaired judgment

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AFTER-EFFECTS OF AMPHETAMINE USE

• Depression
• Confusion
• Intense fatigue

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SAMPLE PICTURES OF AMPHETAMINES
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METHAMPHETAMINES
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CHARACTERISTICS OF METHAMPHETAMINES

• Synthetic drug
• Stimulates movement and speed
• Generates feelings of excitement
• Results in nervousness, insomnia, and paranoia
• Post use depression, fatigue, and inability to
  experience pleasure
• Addictive

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COMMON STREET NAMES FOR AMPHETAMINES/METHAMPHETAMI
NES

• Speed
• Uppers
• Poppers

• White crosses
• Ecstasy
• Dexies

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COMMON STREET NAMES FOR AMPHETAMINES/METHAMPHETAMI
NES

• Meth
• Bennies
• Crank
• YABA

• Crystal
• Juice
• Black beauties

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YABA

• Relatively new to the US
• Methamphetamine in tablet form
• Often candy-flavored
• Typically sold to children
• Typically used at parties and raves (like Ecstasy)

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METH LABS

• Methamphetamine can be manufactured from
  household items
• Primary ingredient is ephedrine or
  pseudoephedrine found in over-the-counter cough
  remedies
• Limiting the purchase of ephedrine and
  pseudoephedrine-based cough remedies has limited
  the amount of meth manufactured in the States,
  but there are still those who make it here

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Dangers of METH LABS

• Makers of meth are untrained and unaware of the
  dangers posed by meth manufacture
• In particular, the chemicals used to make meth or
  that result as byproducts of manufacture, are
  toxic
• The places of manufacture are so suffused with
  toxic gasses that they are uninhabitable
• Some of the gasses produced are HIGHLY
  flammablemeth labs are a danger to both the
  makers and nearby residents

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Dangers of METH LABS
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Dangers of METH LABS
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SAMPLE PICTURES OF METHAMPHETAMINES
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DISCUSSION POINTS

• What are common street names for amphetamines and
  methamphetamines?
• Why are amphetamines so commonly used in the
  transportation industry?
• What is the difference between amphetamines and
  methamphetamines?

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OPIATES
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EFFECTS OF OPIATE USE

• Relief of pain
• Drowsiness
• Restlessness
• Indifference

• Relaxation
• Slow reflexes
• Accident prone

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COMMON STREET NAMES FOR OPIATES

• Heroin
• Black tar
• Tar
• Opium
• Horse

• Morphine
• Smack
• Mexican brown
• Tylenol-III
• China white

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SAMPLE PICTURES OF OPIATES
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DISCUSSION POINTS

• What are common street names for opiates?
• How can opiates be obtained legally?
• What other risk factors are associated with
  heroin use?

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EFFECTS OF PHENCYCLIDINE USE

• Alters mood and consciousness
• Disorientation
• Disturbed perception

• Unpredictable behavior
• Departure from reality
• Memory loss

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EFFECTS OF PHENCYCLIDINE USE

• Impaired judgment
• Temporary insanity
• Suicidal behavior
• Distorts hearing, smell,taste, touch, and
  visualsenses

• Diminished concentration
• Decreased sensitivity to pain
• Extreme violence

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DEBUNKING THE MYTHS

• The intent of the program, as it applies to
  reasonable suspicion testing, is to provide
  supervisors with another resource to help them
  ensure that safety-sensitive employees are fit
  for duty
• Fitness for duty is a prerequisite for safety!
• Supervisors are on the front-line in identifying
  substance abuse in the transportation industry

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DEBUNKING THE MYTHS

• Supervisors are not expected to be police or
  experts in substance abuse
• Supervisors are expected to protect the safetyof
  the general public as well as employees
• The supervisors role is to help orient, train,
  and inform employees about the policy, and to
  determine when there is reasonable suspicion for
  testing

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DEBUNKING THE MYTHS

• Supervisors are expected to determine fitness for
  duty, not what substances an employee may be
  abusing
• Supervisors should not be concerned with the
  problems an employee is facing in his/her
  personal life unless it effects job performance
  and public safety

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DEBUNKING THE MYTHS

• Supervisors are expected to be able to articulate
  and substantiate specific behavioral performance
  or physical indicators of prohibited drug use and
  alcohol misuse but it is not the supervisors
  responsibility to diagnose the individual
• Supervisors must remember that a referral for a
  reasonable suspicion test is not an accusation.
  It is merely a request for objective data for use
  in identifying the underlying cause of observed
  behavior

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DEBUNKING THE MYTHS

• The interaction with the employee and all
  information about the test results should be
  handled with the strictest confidentiality, and
  with respect for the employees privacy

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SUPERVISORY FUNCTIONS

• Supervisors role
• Realization/awareness of potential problem
• Looks for presence of other indicators

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SUPERVISORY FUNCTIONS

• Supervisors should
• Document changes over time
• Look for multiple indicators, since taken alone,
  each indicator could be caused by something other
  than substance abuse
• Document each reasonable suspicion testing
  referral as soon as possible following the
  observation

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REFERRALS MUST SATISFY THREE KEY CRITERIA

• Objective facts
• Could another equally-trained supervisor come to
  the same conclusion
• Less responsible not to require a test

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INITIATING THE REFERRAL

• Non-confrontational
• Non-accusatory
• Never solicit a confession

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INITIATING THE REFERRAL

• Private location
• Think through what you are going to say
• Anticipate questions/denials/threats

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REASONABLE SUSPICION INTERVENTION AND REFERRAL

• Primary issue is safety
• Inquire and observe
• Review your findings
• Verify facts

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REASONABLE SUSPICION INTERVENTION AND REFERRAL

• Make the reasonable suspicion decision
• Isolate and inform the employee
• Transport the employee (optional)
• Document events

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SUPERVISOR INTERVENTION

• Minimize potential for conflict
• Be respectful of employees right to
  privacy/confidentiality
• Inform employee of need for test
• Inform that purpose of test is to confirm fitness
  for duty

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SUPERVISOR INTERVENTION

• Discuss circumstances that promoted you to make
  the referral
• Transport employee to collection site
• Transport employee home or back to work

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EXPECTED REACTIONS FROM EMPLOYEE

• Denial of drug and/or alcohol use
• Argue his/her fitness for duty
• Argue circumstances leading to referral
• Very cooperative

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• FOCUS ON PERFORMANCE ISSUES!

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Case Studies

• Mary has been with the company for two years. She
  has been a troublesome employee since she was
  hired. She always uses sick days as soon as they
  are earned and never volunteers for extra duty.
  She disappears into the ladies restroom during
  every layover. She keeps a thermos in the
  vehicle and is often observed drinking from it
  while in revenue service. Occasionally, Mary
  looks clammy and very pale. Sometimes she even
  appears to be disoriented and dizzy. When asked
  if she has a problem, Mary responds that she has
  recently undergone tests and she was diagnosed as
  a borderline diabetic.

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Case Studies

• Bob has been the lead driver for the last ten
  years. Bob is known to enjoy a few beers after
  work and on the weekends. He is considered a
  good old boy that is enthusiastic about his job
  and is well-liked by the system employees. He is
  thought of as the best driver the system has ever
  had. During an evening public meeting regarding
  service change, Bob made a public presentation
  regarding the routes and schedules. Bob was
  flushed and sweating excessively. His eyes were
  bloodshot and watery. Bobs speech was loud and
  his comments disoriented. Bobs uniform was
  soiled and there was a peculiar odor about him.
  One supervisor thought Bob smelled of breath
  mints, while another thought Bobs breath smelled
  of alcohol. When asked if he had a problem, he
  replied that he was nervous about public
  speaking.

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Case Studies

• Leon has been a driver for two years. He has
  been observed hanging around a group of other
  young drivers that often complain about working
  conditions. He takes directions from his
  supervisors reluctantly. He often states that
  management has it in for him. He pushed the work
  rules to the limits and is considered a trouble
  maker. A supervisor overhears a rumor that Leon
  likes to party. Today he came to work wearing
  short sleeves it is obvious that he had a
  bruise and a needle puncture mark on his arm.
  When asked, he responds that he gave blood.

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Background

• Amanda has been a dispatcher for two years. She
  is usually very upbeat and energetic about her
  work. Occasionally, she will get very depressed
  and it will last for days, but she usually
  bounces back to her normal self. One of her
  friends has mentioned to you that Amanda is
  bi-polar and thats why she goes through cycles
  of being very happy and energetic to being
  depressed and lethargic.

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Situation

• Amanda shows up for work today in an extremely
  good mood. She is very restless. She is talking
  so fast on the radio that the drivers are unable
  to understand her. She begins to get very
  irritated at the drivers for asking her to repeat
  the messages. As youre walking by she starts
  screaming and cursing over the radio at a driver.
  When you go over to talk to her, you notice
  that her eyes are very dilated, she is breathing
  very fast, and her skin is flushed. She has a
  very strong chemical smell about her.

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Excuses

• Her doctors have changed her medication and she
  is not used to it.
• She is tired of all the drivers picking on her on
  the radio. They all get together in the mornings
  and plan how they are going to get her fired.

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Questions Answers

• Robbie Sarles
• will be available for
• questions
• immediately following this presentation
• Room 209-210