A reasonable suspicion test is one of the hardest calls a supervisor makes. You are deciding, on the spot, that a driver may be impaired. Get it right and you may prevent a crash. Get it wrong or skip the paperwork, and you have a compliance problem and possibly an employee relations one.
The rules live in 49 CFR 382.307 and 382.603. Here is how they work.
What triggers a reasonable suspicion test
Under 49 CFR 382.307, an employer must require a driver to take an alcohol test, a drug test, or both when the employer has reasonable suspicion that the driver has violated the alcohol or controlled substances rules.
That suspicion must be based on specific, contemporaneous, articulable observations about the driver’s:
- Appearance
- Behavior
- Speech
- Body odors
For drugs, observations can also include the indications of chronic and withdrawal effects of controlled substances.
“Contemporaneous” means happening now, not rumors from last weekend. “Articulable” means the supervisor can describe exactly what they saw, heard or smelled. A hunch is not enough. An anonymous tip alone is not enough.
Only a supervisor or company official who has completed the required training may make the determination. One trained supervisor is enough.
For alcohol, the observations must be made during, just before, or just after the driver performs safety-sensitive functions.
The person who makes the determination may not conduct the alcohol test on that driver. Plan ahead so you have a qualified breath alcohol technician or collection site available.
Time limits and documentation
The clock matters, especially for alcohol.
- Alcohol test: It should be done within 2 hours after the determination. If it is not, prepare and keep a record stating why. If it still has not been done within 8 hours, stop attempting and document the reasons.
- Drug test: There is no 2-hour window in the same way, but do not delay. Send the driver for collection promptly.
- Written record: For a drug test, the supervisor must sign a written record of the observations within 24 hours of the observed behavior or before the test results are released, whichever is earlier. Documenting alcohol observations the same way is good practice.
Until an alcohol test shows a concentration below 0.02, or until 24 hours have passed since the determination, the driver may not perform or continue to perform safety-sensitive functions.
Make sure the driver gets to the collection site safely. Do not let a driver you suspect of impairment drive there.
Supervisor training: 49 CFR 382.603
Every supervisor who might make a reasonable suspicion determination must receive training before they do so. The minimum is:
- At least 60 minutes on alcohol misuse.
- At least 60 minutes on controlled substances use.
The training must cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. It is one-time training under the rule, though many carriers offer refreshers.
Keep proof. An investigator may ask for the training certificate of any supervisor who has made, or could make, a reasonable suspicion call. Records of supervisor training belong in your drug and alcohol program files.
Small carriers sometimes forget that the owner is the supervisor. If you are the one who would make the call, you need the training too.
A step-by-step approach
When a supervisor sees signs of possible impairment:
- Remove the driver from safety-sensitive work right away.
- Confirm your observations are specific and current. Ideally, have a second trained supervisor observe too, though one is enough under the rule.
- Write down exactly what you saw, heard and smelled, with times.
- Tell the driver a test is required. A refusal is treated as a positive under DOT rules.
- Arrange safe transport to the collection site.
- Track the 2-hour and 8-hour alcohol deadlines.
- Sign and file the written record.
Keep the conversation factual. Do not diagnose. You are documenting observations, not accusing.
Keep your program records together
Reasonable suspicion records connect to everything else in your program: supervisor training, test results, Clearinghouse reporting when required and any return-to-duty process. DOT Compliance Watch keeps drug and alcohol program records and supervisor training records organized in one place, so you can show an investigator the full trail. The service tracks records. Testing itself is handled by your collection site and consortium.
A few reminders:
- Store reasonable suspicion documentation with your other drug and alcohol records, not in the regular personnel file.
- Retention periods vary by record type under 49 CFR 382.401. Check the section for each document.
- Remember that DOT still prohibits marijuana use by drivers in safety-sensitive positions, no matter what state law allows.
For unusual situations, talk to your consortium, a medical review officer or a qualified advisor. You can also find more in our FAQ.
Be ready before it happens
Reasonable suspicion situations are rare, which is exactly why supervisors freeze when one arrives. Train people now, keep a written procedure handy and keep your records organized. Start your free 14-day trial and get your testing program records in order.