11.0509 Reasonable Suspicion Testing.

Cite as [A.S.A.C. § 11.0509]

A. An Employee may be tested for the improper use of alcohol or illegal drugs, if the behavior of such an Employee creates the basis for reasonable suspicion of the improper use of alcohol or illegal drugs. Two or more LBJ supervisory or management officials, at least one of whom is in the direct chain of supervision of the Employee, must agree that such testing is appropriate. Reasonable suspicion must be based on an articulable belief that an Employee has improperly used alcohol or illegal drugs, drawn from particularized facts ad reasonable inferences from those facts.

B. Such a belief may be based upon, among other things, observable phenomena, such as direct observation of:

1. The use or possession of alcohol or illegal drugs;

2. The physical symptoms of being under the influence of alcohol or illegal drugs;

3. A pattern of abnormal conduct or erratic behavior;

4. Arrest for a conviction of an alcohol or drug related offense, or the identification of the Employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking;

5. Information that is either provided by a reliable and credible source or is independently corroborated; or

6. Evidence that an Employee has tampered with a drug test; or

7. Temperature of the urine specimen is outside the range of 32.5-37.7 degrees centigrade or 90.5-99.8 degrees Fahrenheit.

C. The fact that an Employee had a confirmed positive test for the use of illegal drugs at some prior time, or has undergone a period of rehabilitation or treatment, will not, in and of itself, be grounds for testing on the basis of reasonable suspicion.

History: Rule 07-98, eff. Feb. 9, 1999.