It’s 6:40 a.m. in the yard. Your crew gathers for the morning briefing when a fifteen-year veteran welder, one of your best, stumbles out of his truck. His speech is thick. When he leans in to ask about the day’s schedule, you catch it: alcohol, unmistakable, on his breath.
Reasonable suspicion training exists for this instance, and it is nothing like the training room. The regulations cannot make the moment comfortable, but they do make it clear. When you know exactly what the rules require, you can quickly and confidently act.
What is “reasonable suspicion?”
Under PHMSA’s pipeline rules, you must drug test an employee when there is “reasonable cause to believe the employee is using a prohibited drug,” based on “specific, contemporaneous physical, behavioral, or performance indicators of probable drug use” (49 CFR § 199.105(d)). The alcohol standard is parallel: “specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee” (49 CFR § 199.225(b)).
| Quick Note: PHMSA regulations use “reasonable cause” for drug testing and “reasonable suspicion” for alcohol testing. Regardless of the terminology – the response is still the same. |
General impressions, rumors, or tips from other employees are not enough. Those are worth documenting, but supervisors must personally observe articulable signs before calling for a test. Before you make the call, your observation should pass four tests:
- Specific. You can name the behavior: slurred speech, the odor of alcohol, an unsteady gait, fumbling with equipment, glassy eyes, confusion, an aggressive outburst that came from nowhere.
- Contemporaneous. It is happening now — not last month, not “he seemed off last week.”
- Articulable. You could describe it, under oath, to someone who was not there.
- Personally observed. You saw it yourself. If you did not, go observe before you act.
Proper training is also required prior to a determination. PHMSA requires at least 60 minutes of training on the indicators of probable drug use for supervisors who make reasonable cause determinations (49 CFR § 199.113(c)), and at least 60 minutes on the indicators of probable alcohol misuse for those making alcohol determinations (49 CFR § 199.241).
What are the signs?
The fear of getting it wrong is real. Missing the signs can endanger your worksite, but falsely suspecting an employee can cause issues of its own. Although it is ultimately up to your judgment, there are certain markers of impairment that can help you make a confident choice. These include, but are not limited to:
- Odor of alcohol on the breath or body.
- Slurred, thick, or incoherent speech.
- Unsteady gait, stumbling, swaying, or loss of balance.
- Poor coordination, fumbling with equipment, or slowed motor skills.
- Red, watery, or glassy eyes (when accompanied by other indicators).
- Flushed face or unusual perspiration not explained by environmental conditions.
- Confused or impaired thinking, difficulty following instructions, or poor judgment.
- Unusual, erratic, or aggressive behavior, mood swings, or inappropriate laughter.
Other employees may draw your attention to a potential impairment issue, but the suspicious behavior must be directly observed by you as the supervisor. Otherwise, you run the risk of launching reasonable suspicion procedures over something as minor as a personality conflict between employees.
It is also important not to conflate past behaviors with current indicators. Knowing that an employee has a history of substance use issues alone does not qualify as reasonable suspicion unless they are showing signs of active impairment right now.
What is the protocol?
If the time comes to make a determination, the following steps break down your next moves as a supervisor.
- Get the required concurrence (drug testing). Per PHMSA regulations, “at least two of the employee’s supervisors, one of whom is trained in detection of the possible symptoms of drug use, shall substantiate and concur in the decision to test an employee. The concurrence between the two supervisors may be by telephone. However, in the case of operators with 50 or fewer employees subject to testing under this part, only one supervisor of the employee trained in detecting possible drug use symptoms shall substantiate the decision to test.” (49 CFR § 199.105(d))
- For alcohol, the trained supervisor makes the call — but cannot run the test. A reasonable suspicion alcohol determination must be based on the observations of a supervisor trained in detecting the symptoms of alcohol misuse, and that same supervisor may not conduct the breath alcohol test on the employee. (49 CFR § 199.225(b)(2))
- Know the testing windows. You may only make a determination for reasonable suspicion alcohol testing if the conduct is observed during, just before, or just after the employee performs covered (safety-sensitive) functions. If you miss the window, document the behavior — but you cannot conduct the alcohol test. A drug test based on reasonable cause, on the other hand, can be triggered by observations made at any time during the employee’s shift.
- Move fast — the clock is running on alcohol tests. If a reasonable suspicion alcohol test is not administered within 2 hours of the determination, you must prepare and keep a record explaining why. After 8 hours, you must stop trying to test and document the reasons. PHMSA can request these records, so make sure they land in your program file. (49 CFR § 199.225(b)(4))
- Remove the employee from safety-sensitive duties. Immediately stop the employee from performing or attempting to perform equipment operation, maintenance, emergency response duties, and all other covered functions. For suspected alcohol misuse, the employee may not return to covered functions until a test shows an alcohol concentration below 0.02, or until the start of their next regularly scheduled duty period (no less than 8 hours after the determination).
- Document the observation. A written report is non-negotiable when it comes to reasonable suspicion. Immediately record the date, time, location, specific observations, witnesses, and your concurrence call, and sign it. Write facts, not conclusions. Instead of “employee appeared drunk,” provide detailed observations, like “the employee had slurred speech, a strong odor of alcohol on breath, and bloodshot eyes.”
- Arrange testing and transportation. Once the determination is made, move swiftly. If you have not already confirmed that your local collection site can handle a reasonable cause test immediately, call ahead — time is of the essence. Then arrange for a company employee (a supervisor or manager) to transport the donor to and from the collection site. Never let a suspected-impaired employee drive; we have watched employers make that mistake, and it converts a compliance event into a liability event.
- Treat a refusal as a violation. If the employee refuses to test, that refusal carries the same consequences as a positive result: immediate removal from covered functions and referral to a Substance Abuse Professional (SAP) before any return to duty. Document the refusal just as carefully as you would the original observations.
| Sidebar: If your crew is subject to FMCSA requirements Many of our clients run mixed programs — pipeline crews under PHMSA and CDL drivers under FMCSA. The reasonable suspicion playbook is nearly identical, with three differences worth knowing (49 CFR § 382.307): One trained supervisor decides. FMCSA requires no second concurrence for drug testing — a single supervisor or company official trained under § 382.603 can make the call for both drugs and alcohol.The written record has a deadline. Your signed observation report is due within 24 hours of the observed behavior or before the test results are released, whichever comes first.The stand-down is longer. A CDL driver suspected of alcohol misuse stays off safety-sensitive functions until a test comes back under 0.02 or 24 hours have passed — not the 8-hour minimum PHMSA uses. |
How to approach the conversation
Although making these determinations can be difficult, reasonable suspicion is just that — suspicion. It is not proof beyond doubt. Ultimately, your duty as a supervisor is to ensure compliance and safety, which means it’s better to be safe than sorry. When uncomfortable circumstances arise, rely on that duty to ease into hard conversations.
You’re not accusing someone of drug use from a place of judgment or micromanagement — you’re following vital procedures. It is possible to be professional and compassionate without compromising your duties as a supervisor.
- Approach the employee privately. Avoid publicizing the issue by having the conversation in a private office or meeting room.
- Stay calm and professional. Guilty or not, no one likes being called out. To mitigate a defensive or angry response, keep a neutral tone and avoid emotional or accusatory language.
- Don’t make it personal. State factual observations, not opinions. Emphasize safety risks and the need to follow company policy and DOT requirements.
- Explain the next steps. Give the employee a brief overview of what to expect. Outline the testing process simply.
- Don’t debate or investigate. Avoid questions about alcohol or controlled substance use and don’t ask for specifics. It isn’t an interrogation; it is a fulfillment of your supervisory duty to maintain safety.
- Be respectful. Keep frustration and emotion to a minimum. Remember that observable signs can have causes other than alcohol or drugs, such as illness, fatigue, or a medical emergency. Treat employees as “innocent until proven guilty.”
A checklist for the DER
If you are the Designated Employer Representative, the supervisor’s determination is only half the job. Before an incident ever happens, make sure:
- Every supervisor who could make a reasonable suspicion determination has completed — and you have documentation of — the required 60/60 training.
- Supervisors know who to call, day or night. A reasonable suspicion event at 2 a.m. is not the time to hunt for the DER’s phone number.
- Your collection sites have been vetted for after-hours and immediate-response testing, including breath alcohol testing by a qualified technician.
- Your written reasonable suspicion observation form is in supervisors’ hands (or vehicles) before they need it.
- The 2-hour and 8-hour alcohol testing documentation, and all observation reports, are retained in your program records and ready for a PHMSA audit.
Remember the “Why”
Reasonable suspicion testing is a core part of the regulatory process. As a supervisor and leader, it isn’t optional to take action when concerning behavior is observed. It can be stressful, especially if the employee in question is someone you know well or have worked with closely for years. However, the right approach can help ease the burden.
It isn’t personal — it’s policy. It isn’t spying — it’s safety.
PTC provides DOT-required supervisor training, DER support, and full program administration for PHMSA and FMCSA testing programs. If you want your team ready before situations like this occur, contact us today.
