Reasonable Suspicion Education

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Reasonable Suspicion Education

• Oregon Department of Corrections
• BIO-MED Testing Service Inc. Salem, Oregon
• [phone]
• 1-800-434-6654
• info_at_bio-medtesting.com
• www.bio-medtesting.com

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Oregon D.O.C.

• Presentation by DOC Personnel
• Specific Requirements and SOP

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The role of the Third-Party Administrator (TPA)

• Stand in the shoes of the employer
• Independent quality assurance
• Defensibility of all aspects of testing
• Expert help available 24/7
• Help with Policy, Education, Hearings,
  Arbitration- neutrality
• Help protect employee rights to fair, accurate
  tests

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Why Are We Here?

• Objective
• What is Reasonable Suspicion Testing?
• Drug and Alcohol Effects
• Testing Processes and Procedures
• Understanding DOC Policy and Practices
• Myths and misconceptions
• Tampering Issues

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Reasonable Suspicion Testing

• NOT PROBABLE CAUSE TESTING
• Testing based upon observable signs and symptoms
  of possible drug/alcohol use
• Testing conducted during a time when employee
  exhibiting S/S
• No second hand reports, no voluntary collection
• Determinations made only by 2 trained supervisors
  who concur

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Lets Look at the Drugs

• Marijuana
• Cocaine
• Amphetamines/ Methamphetamines
• Opiate
• Phencyclidine
• Alcohol

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Drug Detection Times

• Marijuana 15-120 days
• Cocaine 1-3
  days
• Amphetamines/ meth. 1-3 days
• Opiates 5-7
  days
• Phencyclidine 1-5 days
• Alcohol 1 drink/
  hour

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Physical Signs and Symptoms ALCOHOL

• Consumption and Excretion
• 1 Drink 1 beer, 1 mixed drink, 1 glass wine all
  equal same ethanol amount 0.02
• Average Male under 50 can process 1 drink (0.02)
  per hour
• 2 beers in 1 hour before work 0.02-0.04
• Prohibited level in your workplace is 0.02
• DOT prohibited level is 0.02
• Can be arrested in your personal car for driving
  under the influence at 0.02-0.079 if you show
  impairment.
• Driving Intoxicated is 0.08 or higher in Oregon
  

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Physical Signs and Symptoms ALCOHOL

• BrAC of 0.10
• Diminished vision, decreased reaction time, loss
  of judgment and mental impairment
• BrAC of 0.15
• Confused, unsteady movements, difficult balance
  and slurred speech

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Physical Signs and Symptoms ALCOHOL (continued)

• BrAC of 0.25 or higher
• Nearing impaired consciousness
• May not respond
• BrAC of 0.40 or higher
• Death may occur

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Physical Signs and Symptoms ALCOHOL (continued)

• Speech Indicators
• Abnormal or Slurred Does the speech pattern
  make sense?
• Slowed or exaggerated speech- Does it take a long
  time to answer a simple question?
• Nonsensical Speech Patterns- Is the speech
  coherent and understandable?

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Physical Signs and Symptoms ALCOHOL (continued)

• General Awareness
• Short attention span
• Impaired- overestimates distance and
  underestimates speed
• Clumsiness
• Distorted sense of time
• Exaggerated sense of physical capabilities

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Conditions that Mimic Alcohol Misuse

• Diabetes
• Epilepsy
• Trauma
• Brain Diseases or tumors
• Parkinsons Disease
• Other neurological disorders
• Allergic reaction to prescriptions

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Physical Signs and Symptoms DRUGS

• Marijuana
• Reddened Eyes (use of eye drops)
• Slowed Speech
• Distinctive Odor on clothes
• Lackadaisical, I dont care attitude
• Chronic fatigue and lack of motivation
• Irritating cough, chronic sore throat

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Physical Signs and Symptoms DRUGS (continued)

• Marijuana- Mental Functioning
• Delayed decision making
• Diminished concentration
• Apathy
• Impaired signal detection- ability to detect a
  flash of light
• Impaired tracking- ability to follow moving
  objects with eyes
• Distortions in time estimation
• Paranoia
• Acute Brain Syndrome memory, sleep, cognitive

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Physical Signs and Symptoms DRUGS (continued)

• Cocaine
• Financial problems- going down in price
• Frequent- extended absences
• Increased physical activity and fatigue
• Isolation and withdrawal from friends and routine
  activities
• Secretive behaviors- non-business visitors, phone
  calls
• Unusual defensiveness, anxiety and agitation
• Wide mood swings
• Runny or irritated nose
• Difficulty in concentration

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Physical Signs and Symptoms DRUGS

• Cocaine..
• Dilated pupils and visual impairment
• Restlessness and aggressive behavior
• Formication- (feeling of bugs on skin)
• High Blood pressure, heart palpations, irregular
  rhythm
• Hallucinations

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Physical Signs and Symptoms DRUGS

• Opiates
• Narcotic Drugs- Heroin, Demerol, Methadone,
  Morphine, Codeine, Oxycotine, Vicodin.
• Signs and Symptoms
• Mood changes
• Impaired mental functioning and alertness
• Constricted pupils
• Depression and apathy
• Impaired coordination
• Insomnia, fatigue and drowsiness
• Nausea, vomiting and constipation

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Physical Signs and Symptoms DRUGS

• Amphetamines
• Hyperexcitability, restlessness
• Loss of appetite
• Dilated pupils
• Increased heart rate and blood pressure
• Heart palpitations and irregular beats
• Profuse sweating
• Rapid respiration
• Confusion, panic
• Talkativeness
• Speech disturbances

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Self Reporting

• The DOC strongly encourages self-reporting of
  drug or alcohol problems
• If employee is asked for a Reasonable Suspicion
  test- it is too late for self-reporting
• The request for help must be prior to a serious
  performance problem or accident

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What Events Can Trigger Reasonable Suspicion?

• Deteriorating job performance
• Conflicts with others
• Change in appearance or behavior
• Change in hygiene practices

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Lets Review the Checklist

• Observable Signs and Symptoms
• Short-term indicators
• Recent serious event
• Long-term indicators
• Patterns of behavior developed over time

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If You Have Reasonable Suspicion, Whats Next?

• Know what the employee is doing at the time- is
  it safe?
• Consult with another trained supervisor
• Contact your Human Resources Manager
• Arrange transportation to test site
• Review DOC Drug Policy and Collective Bargaining
  Agreement
• Have BIO-MED Collection Site List ready
• Document basic facts or circumstances

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Approaching the Employee

• Remember confidentiality and privacy
• ASK if they want union steward present- no delay
• Tell employee this is to determine if safe to
  work
• Reasonable suspicion test is requested based upon
  observable signs and symptoms use the checklist!
• Explain DOC procedure, policy and process
• Transport ASAP

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What to Expect...

• D- dont
• E- even
• N- know
• I- i
• A- am
• L- lying

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Other Considerations

• If after hours/weekends- check collection site
  list to determine if after-hours services listed.
  
• If not, CALL BIO-MED IMMEDIATELY TO SET UP A
  COLLECTION 1-800-434-6654
• NEVER USE A NON-APPROVED CLINIC!
• Do not allow a collection site to make you wait
  for a test
• Shy Bladder allow 3-hours to void
• In uniform, consider using side door of clinic

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What to Document

• Employee explanation for signs and symptoms
• Employee attitude and behavior at interview
• Times and sequence of events
• Who was present and why
• That the testing process and procedure was
  explained and policy reviewed
• If refusal, informed of consequences
• If refusal, they should not drive car off DOC
  property

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General Guidelines

• Do not let the employee out of sight
• Try not to let employee use restroom!
• Expect the unexpected
• Remember confidentiality
• Breathalyzer for alcohol testing?!
• Dont argue- you cant win

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What if

• The employee is being treated at a hospital and
  you believe the accident may have been caused by
  drug/alcohol use?
• If at authorized Collection Site ask them to
  conduct a Drug/Alcohol test
• If at another non-authorized facility, call
  BIO-MED to arrange a sample collection
• If hospital refuses, CALL BIO-MED IMMEDIATELY!

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Test Result Reporting

• ONLY THE APPROVED D.E.R. (Designated Employer
  Representative) IS AUTHORIZED TO RECEIVE ALL
  RESULTS!
• Drug test results automatically go from BIO-MED
  to DER
• Breath test results must be faxed to Carla
  Perkins in HR (DOCs DER) at 503-378-6427.
• DO NOT ALLOW TECHNICIAN TO GIVE YOU THE BREATH
  TEST RESULTS
• In emergency- Technician can call BIO-MED

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Transporting Employee Home

• Be safe
• Best if 2 supervisors transport
• Expect lots of stories
• May be confrontational- Your safety is 1st!
• May admit a drug or alcohol problem
• If so, dont make any assurances, it may be too
  late to self-report. Proceed with test
  regardless

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When Back at Your Office

• Assure HR is notified ASAP
• Prepare full report including all check sheets
  and company required documentation
• Document employee behavior to and from test site
  as well as employee admissions
• Assure you document that employee was safely
  escorted home
• Make sure BOTH supervisors have prepared
  documentation (check sheets etc.)

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Common Supervisor Errors

• Not following Policy and Collective Bargining
  Agreement
• Using second-hand reports for R/S
• Allowing employee to leave before test complete
• Micromanagement- Killing em with kindness
• Confidentiality Breech- Random
• Allowing a urine or blood alcohol test
• Allowing unauthorized technician/clinic to
  perform test

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What About Prescriptions?

• Employee should not be asked to disclose
  medications by you or at the collection site!
• As long as the employee has a current valid
  prescription for a medication theres nothing to
  worry about!

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Testing Process

• To SAMHSA Certified Lab
• To Certifying Scientist
• To Certified Medical Review Officer
• MRO calls employee at home to verify
• To Certified Substance Abuse Program
  Administrator
• To DOC DER

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The Effects of Drugs over time
Nov 1979 July 1980 Aug 1980 Mar
1981 1982
May 1986 Apr 1988 1988 June
1988 Jan 1989
This is a series of arrest photographs of the
same individual taken over the course of 10
years. Some of the photos were taken at closer
time intervals than others. Note the radical
difference between photos 6 7, taken less than
2 years apart. Unfortunately, we do not have any
photos prior to the first arrest to see the
initial changes. http//www.hollywoodpolice.org/
special_units/cat.htm
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• 4 Issues that will BITE you

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Bite You Lesson 1

• Check out an employee allegation before taking
  it to the bank!
• The Collector put some powdered substance in my
  sample
• My sample got mixed up at the lab so the test was
  cancelled
• I got my own test result the same day and it was
  negative

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Bite You Lesson 2

• Not Protecting Employee Identifiable Information
  from Identity Theft
• Do not require employees to be tested using their
  Social Security Number- Should use other
  appropriate Identification Number such as
  employer ID or other unique number

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Bite You Lesson 3

• Roe V. Cheyenne Mountain Conference Resort (1997)
• Policy required disclosure of prescription
  medications
• Considered a medical evaluation
• Violated A.D.A. Rule as disability related
• EEOC joined in suit
• Complainant then filed 2 additional state cases

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Bite You Lesson 4

• Wigginton v White
• Appellate Ct of ILL March 2006
• Lynnanne Wiggintons Story.School Bus driver
  24-years
• She told Supervisor she never used, Supervisor
  allowed her to re-test at clinic a few days later
• She brought in all her previous neg. test results
• Drug Test Unreliable- reinstated with damages

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Drug Testing Bite You Avoidance

• Consistent practices and procedures
• Remember Drug/Alcohol testing information is
  federally protected highly confidential,
  especially for public employees
• Engage H.R. in all disciplinary decisions-
• Dont become a Dog Bite Casualty

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Medical Marijuana

• If employee states they have a Medical Marijuana
  card, still conduct test
• CALL H.R. FAST when any DOC employee reports use
  of Medical Marijuana! Do not engage in a
  conversation with employee/applicant on this
  topic

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Myths and Misconceptions

• Second-hand exposure
• Poppy seeds, food substances
• OTC medications, including alcohol
• Herbal remedies -flushing
• Trace amounts

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Adulteration and Substitution Issues

• 7 of GNC sales- adulteration products
• Urineluck.com
• Hightimes.com
• Urineaid, urineluck, wizzies, fizzies klear,
  turboclean, The urinator, freeze-dried urine,
  human urine catheterized
• Whats next?

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Questions and Answers