- Credits
- 415
Why 2x's ?
Why 2x's ?
Hey grizz.. If for any reason other than an accident or computer generated random, reasonable suspicion would be the appropriate reason.. It's the only way that it would hold in court against a termination if they brought people in to do it.I was off during the middle of the week but they were looking for me when I came in Friday am. They had a guy from the clinic in the bathroom and had us fill out the form just like at the clinic. I dont have a problem with taking randoms, but when I got home Friday night I noticed on my copy of the paper they give you when you submit a UA/ drug screen. ON line D. Reason for test: instead of checking "Random" they had checked the box that says "Reasonable Suspicion/Cause". Now I do have a problem with that ! I want to know exactly what I did to cause suspicion ! Does any one else think this is wrong or is it just me ?
112.0455(5)(j) - requires a "belief that an employee is using or has used drugs in violation of the employer’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience." Must be upon the recommendation of a supervisor at least 2 levels above the employee. Possible bases for the inference:
- Legal Requirements for Reasonable Suspicion
report of drug use from reliable and credible source, which has been independently corroborated Federal vs. State Drug Testing Requirements Reasonable Suspicion (CDL & Law Enforcement)
A. Affected Employees<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p> <o:p></o:p> All classified and unclassified, permanent or probationary, full or part-time employees, or employees under contract, are subject to reasonable suspicion testing in accordance with this procedure. Volunteers or other non-compensated persons may not be tested. (40 O.S. § 552.8.)<o:p></o:p> <o:p></o:p> B. Reasonable Suspicion (40 O.S. § 552.12.)<o:p></o:p> <o:p></o:p> A belief that an employee is using or has used drugs or alcohol in violation of the department’s policy based on specific objective facts that can be clearly described, and reasonable inferences made from those facts. Such facts and reasonable inferences include, but are not limited to:<o:p></o:p> <o:p></o:p> 1. Physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty; or<o:p></o:p> <o:p></o:p> 2. The direct observation of drug or alcohol use while at work or on duty; or<o:p></o:p> <o:p></o:p> 3. A report of drug or alcohol use, provided by reliable and credible sources and which has been independently corroborated; <o:p></o:p> 4. Evidence that an employee is involved in the use, possession, sale, solicitation, or transfer of drugs while on duty or on department premises, or while operating any department vehicles, machinery or equipment. <o:p></o:p>
GtRdOnE
That is fine with me, like I said they can test me as often as they want, I will gladly submit. From what I understand, an associate had a party and supposedly someone saw some associates at said party doing something, dont know what or where or when... dont really care. What I am saying is what does that have to do with me? According to the legal requirements for reasonable suspicion, if you read them all none apply to me or anyone of us who werent at said party and therefor were not observed doing anything by anyone. I can see why they would use that reason for those involved but for the rest of us it should be a random. Also the supervisors were acting as if we were all guilty. I dont appreciate it !Pretty much what I read.. If you are transporting cargo under the Interstate trade Commerce, You are entitled to and can be tested at any time that the company you work for feels need.
That is fine with me, like I said they can test me as often as they want, I will gladly submit. From what I understand, an associate had a party and supposedly someone saw some associates at said party doing something, dont know what or where or when... dont really care. What I am saying is what does that have to do with me? According to the legal requirements for reasonable suspicion, if you read them all none apply to me or anyone of us who werent at said party and therefor were not observed doing anything by anyone. I can see why they would use that reason for those involved but for the rest of us it should be a random. Also the supervisors were acting as if we were all guilty. I dont appreciate it !
If they get a call on in-touch from a person that don't leave a name.. that person says that there was a party, some sups drivers and dock were smoking weed or what not.. but never gave names...Thats my point NONE of these apply !
Hey bullhauler2 the big D has 750 employees? That place must be a madhouse!! How many doors you got down there?