Cal. Code Regs. tit. 15 § 8205

Current through Register 2023 Notice Reg. No. 4, January 27, 2023
Section 8205 - Reasonable Suspicion Testing
(a) An employee may be tested when there is a reasonable suspicion that the employee may have engaged in drug, alcohol or substance use or appears by observable subjective factors to be impaired. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations (seen, heard or smelled) concerning the appearance, behavior, speech or body odors of the employee. Testing is not based on conjecture or assumption, a feeling or guess based on intuition rather than known facts, or solely on the report of others.
(b) Reasonable belief for employee drug testing observed facts and behaviors may include:
(1) Observable phenomena such as direct observation of drug or alcohol use, possession, or physical symptoms of being under the influence.
(2) A pattern of abnormal conduct or erratic behavior.
(3) Arrest or conviction for a drug-related offense, or the identification of an employee as the subject of a criminal investigation into illegal drug possession, use or trafficking.
(4) Information provided by a third party independently corroborated.
(5) Newly discovered evidence the employee tampered with a previous drug test.
(c) Reasonable suspicion testing is conducted only after the General Manager or designee considers the facts, evidence, and totality of circumstances and concurs in writing.
(d) The General Manager's designee is an individual other than the suspected employee's immediate direct report supervisor and other than the person who made the initial observation leading to the question of reasonable suspicion.

Cal. Code Regs. Tit. 15, § 8205

Note: Authority cited: Sections 2801 and 2809, Penal Code; and Section 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code.

1. New section filed 11-13-2018; operative 1/1/2019 (Register 2018, No. 46).
2. Change without regulatory effect amending Note filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).