(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:

(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.