Palm Beach State College Board Procedure

In accordance with Drug and Alcohol-Free Workplace Policy, 6Hx-18-5.84, this procedure outlines the steps to be followed when there is reasonable suspicion that an employee is under the influence of drugs or alcohol while on duty, in violation of the College’s Drug and Alcohol-Free Workplace Policy.

Reasonable suspicion testing occurs when a supervisor, college employee or observer believes that an employee may be under the influence of drugs or alcohol in violation of college policy. Reasonable suspicion may be based on the following:

• Direct observation of drug or alcohol use.
• Direct observation of physical symptoms or behaviors consistent with impairment (e.g., slurred speech, unsteady movements, odor of alcohol or drugs).
• A pattern of abnormal conduct or erratic behavior that indicates potential impairment.
• Information or observations indicating the employee contributed to, caused, or was involved in a workplace accident or unsafe incident.
• Observation or credible information that the employee used, possessed, sold, solicited, or transferred drugs while on college property or while performing College business.

Reasonable Suspicion Due to a Workplace Injury

When a workplace injury occurs that results in need for the employee to seek medical attention, the observation process below is not required. The workers’ compensation approved provider will test the employee at the initial visit for medical treatment.  A delay may be approved by Benefits for emergency cases such as hospital admission. The employee shall follow Board Policy 6Hx-18-5.07, Workers’ Compensation and Illness in Line of Duty Leave Policy and procedure. If the employee tests positive for drugs or alcohol, Workers’ Compensation coverage and payments may be affected. Please refer to “Positive (Unsatisfactory) Test Results” below.

Reasonable Suspicion Observation Process

1. Initial Observation and Reporting

• If there is an observation of reasonable suspicion, the employee’s supervisor, or a supervisor, must be immediately notified.
• The supervisor must then contact a second manager, preferably from another department, to form the Local Management Team.

2. Preliminary Assessment

• The Local Management Team will meet with the employee privately to observe and assess for signs of impairment.
• If both managers believe there is reasonable suspicion, they must:
  • Concur with the observations and inform the employee of reasonable suspicion under the influence of drugs or alcohol while on duty with the college.
  • Notify the employee that failure to cooperate at this point may result in disciplinary action as defined in Policy 6Hx-18-5.44, “Grounds of Discipline and Termination of Employment”.

3. Escalation to Review Committee

• One manager remains with the employee while the other contacts the Review Committee, which should include a minimum of two of the following management personnel:
  • Chief Human Resources Officer or designee,
  • General Counsel or designee, or
  • Provost/Dean, Executive Dean, or Dean of the campus or center
• The Review Committee will evaluate the initial preliminary assessment observations and determine whether reasonable suspicion exists.

4. Testing Authorization and Transportation
If the Review Committee concurs with the reasonable suspicion:

• The employee will be transported to a designated college-approved testing facility by a supervisor utilizing a college vehicle or a third-party transportation service, accompanied by a supervisor and arranged and paid for by the College.
• Neither the supervisor nor the employee should drive personal vehicles to the testing center.
• The employee will be placed on paid administrative leave pending receipt of test results and any further investigation.

5. Non-Compliance
Refusal to comply with testing or cooperate during the preliminary assessment will result in immediate paid suspension pending investigation, leading to disciplinary action, up to and including termination of employment, in accordance with the College Policy Grounds of Discipline and Termination of Employment.

6. Faculty Considerations
If the employee is a bargaining unit member, the Chief Human Resources Officer, and/or General Counsel must ensure compliance with the applicable Collective Bargaining Agreement.

7. Testing Procedure

• The employee is required to fully cooperate with and submit to the testing process as directed.
• A supervisor or designated College representative will remain at the testing center until the employee completes the testing process.
• Transportation will be arranged to take the employee home, or the employee may arrange for a responsible individual to provide safe transportation.
• If the employee insists on driving, management must document that the employee was advised of the risks and immediately contact local law enforcement for safety purposes.

8. Reinstatement
The employee may not return to work until Human Resources authorizes reinstatement based on confirmed test results and the outcome of the investigation.

• Negative (Satisfactory) Test Results:
  • If the confirmed test result is negative, the employee will be permitted to return to work. Any continued performance or conduct issues will be addressed through established procedures.
• Positive (Unsatisfactory) Test Results:
  • After receiving a confirmed positive test result, the staff member will be notified in writing of the result.
  • After receiving notice of a positive confirmed test result, the employee may submit information to the employer explaining or contesting the test result and why the result does not constitute a violation of policy.
  • The employee may be subject to disciplinary action up to and including termination of employment.
  • Faculty shall be addressed in accordance with the Collective Bargaining Agreement.