Understanding Federal and State Standards on Reasonable Suspicion

Federal Law in Action

Comparing State Law

Although many of these standards appear similar and, given the same set of observations, the result may often be the same, understanding the nuances in how each reasonable suspicion standard operates is necessary to avoid unnecessary safety risks on one hand and challenges to testing determinations on the other.

Conclusion

Reasonable suspicion testing is a useful tool when an employer believes an employee may be under the influence of drugs or alcohol in the workplace. However, as useful as it may be, some conditions need to be met before requesting an employee to submit to this type of testing. Depending on your jurisdiction or line of business the reasonable suspicion standard can vary significantly. To ensure that these regulations are met training supervisors and employees on how to recognize suspicious activity is key.

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