S.D. Admin. R. 55:05:05:03

Current through Register Vol. 51, page 54, October 28, 2024

Section 55:05:05:03 - Reasonable suspicion

Reasonable suspicion means that the commissioner has a rational basis, whether from direct observation or from the reports of others, to believe that an employee as defined in § 55:05:01:01 has violated § 55:05:05:01 or is under the influence of drugs. Reasonable suspicion includes the following:

(1) An on-the-job accident or occurrence caused in whole or part by the employee's action or inaction or an exhibition of behavior or other demonstration by the employee that indicated that the employee may have been using or was under the influence of drugs;

(2) An on-the-job incident that may be attributed to drug use by the employee, such as a medical emergency;

(3) Direct observation of or information about conduct, speech, behavior, or appearance which is usually associated with being impaired by or under the influence of illegal drugs, such as the following:

(a) Shakiness;

(b) Trembling;

(c) Mood swings;

(d) Excessive absenteeism;

(e) A pattern of absenteeism;

(f) Frequent absences from the work station;

(4) Direct observation or information that the employee may be using drugs or may be under the influence of drugs; is exhibiting behavior that may render the employee unable to perform the employee's job; or may pose a threat to the safety or health of the employee, other employees, or members of the public. The observation or information must be supported by documentation or verified by the commissioner;

(5) Physical on-the-job evidence of drug use by the employee; or

(6) Documented deterioration in the employee's job performance that is likely to be attributed to drug use by the employee.

S.D. Admin. R. 55:05:05:03

17 SDR 25, effective 8/19/1990; 32 SDR 32, effective 8/30/2005; 36 SDR 39, effective 9/21/2009.

General Authority: SDCL 23-3-69(4), 41-20-8.8.

Law Implemented: SDCL 23-3-65, 41-20-8.4.