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Drug & Alcohol Testing Program:

Fact or Fiction?With Joe Reilly

A National Expert on Drug &Alcohol Testing Programs

AGENDA

1. What are the regulations? 2. Who is covered?3. DER Responsibilities4. Best Practices for Compliance 5. Questions & Answers

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DOT REGULATIONS

• Omnibus Transportation Employee Testing Act of 1991

• 49 CFR Part 40• Federal Motor Carrier Safety Admin

(FMCSA)• For carriers and commercial driver's

license holders (CDL) 49 CFR Part 382

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A Review Of Requirements For The

FMCSA/DOT Drug & Alcohol Testing

Program

FMCSA Program Requirements

• Written Policy

• Designated Employer Representative (DER)

• Regulations on file

• Pre-employment tests

• Correct Federal Custody & Control forms (CCF)

• Removal of covered employees

• Previous employer checks

• Random pool

• Employee Education

• Supervisor Training

• Post accident testing situations

• Substance Abuse Professional (SAP) Process

• Record keeping

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Fact or Fiction

Poppy seeds cause false positives for opiates

Second-hand smoke can cause a positive drug test result

A driver with a medical marijuana card can is excused when testing positive for marijuana

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Who Is Covered?

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Who is Covered?

Covered employee: A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV)

with a gross vehicle weight rating or gross combination weight rating of 26,001 or more lbs

designed to transport 16 or more occupants (to include the driver)

of any size and is used in the transport of hazardous materials that require the vehicle to be placarded

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Designated EmployerRepresentative - DER

• Need a responsible party• Employers are responsible for developing and

implementing successful DOT workplace drug and alcohol programs with the following components:– Clear Policies– Provisions for Education and Training– Drug and Alcohol Testing, and when

needed,– Referral for Evaluation and Treatment.

DER Specific Duties

• Receive drug & alcohol test results• Remove employees from safety sensitive

functions • Refer employees to the Substance Abuse

Professional (SAP) and facilitate return to duty, if allowed

• Coordinate physician referrals for “shy bladder” and “shy lung” situations

• Report test results to agency and/or state and local authorities, if necessary

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DER Specific Duties

• DER must be familiar with entire testing process• Responsible for compliance with 49 CFR Part 40

and Agency Regulations• Urine Collection Procedures• Breath Alcohol Testing procedures• Receive Breath Alcohol Results from BAT • Correction of flaws, fatal flaws, and problem tests• Determining Refusals to Test

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DER Interacts With

• Collector• BAT, STT• MRO• SAP• TPA• DOT & Agency

Officials

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More DER Responsibilities

• Ensure split specimen requests are honored

• Ensure that observed collections take place as required

• No personnel action for cancelled tests

• Record Keeping

Responsibilities for Record Retention

The following records must be maintained for five years:

• Alcohol results of 0.02 or greater• Verified positive drug tests• Documentation of refusals to test• Pertaining to SAP reports• Follow-up tests and schedules for

follow up tests

Responsibilities forRecord Retention

The following records must be maintained for three years:

• Information from previous employers concerning drug and alcohol test results of employees

The following records must be maintained for two years:

• Inspection, maintenance, and calibration of EBTs

Responsibilities forRecord Retention

The following records must be maintained for one year:

• Negative and cancelled drug test results

• Alcohol results less than 0.02

What Else Does DER Do?

• Ensure split specimen requests are honored

• Ensure that observed collections take place as required

• No personnel action for cancelled tests

Employer and Return-to-duty Process

• Provide listing of SAPs– No charge to employee

• No employer requirement to provide SAP evaluation or treatment

• No safety-sensitive duties until employee completes SAP requirements

• RTD test only after SAP’s follow-up report

• 5 Year record retention of SAP reports

Rev 092010

Fact or Fiction

The DOT drug test is now a 7-panel urinalysis test

A drug test is required with each DOT biennial physical

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SAMHSA or DOT 5 Panel

• Cannabinoids – marijuana

• Cocaine and crack cocaine

• Amphetamines and Methamphetamine

• Opiates which include codeine, morphine and heroin

• Phencyclidine (PCP)

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DOT Required Testing

DOT Testing Requirements

• Federal Drug Testing Custody and Control Form (CCF)

• Specimen Collection (49 CFR Part 40, Subparts C, D, E)

• Split Specimen Testing

• Testing at SAMHSA Certified Laboratory (49 CFR Part 40, Subpart F)

• Confirmation of any specimens testing positive

• Review by the Medical Review Officer (49 CFR Part 40, Subpart G) – all results positive and negative

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Fact or Fiction

A driver can be picked each quarter for random test

Driver has two hours to report for a random test

If a driver is out sick on day of random testing – just pick an alternate

If driver has an important run, excuse him from random test and just pick an alternate

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Random Testing

Once hired MUST be placed in a Random Pool immediately.

MUST spread testing evenly over the year MUST test each safety sensitive employee

selected for random testing during the testing period. No dropping to alternates just because driver is not in the day of testing.

Testing MUST be unannounced. Employee MUST proceed to testing site as

soon as possible.

Reasonable Suspicion

• Based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

• Immediate Action required – safety, risk

• Immediate Action not required – performance, attendance, tardiness issues

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Supervisor Training

Type of Training Duration Documentation of training required?

Recurring trainingrequired?

Indicators of Probable Drug Use

1 Hour Yes Recommended as Best Practice

Indicators of Probable Alcohol Use

1 Hour Yes Recommended as Best Practice

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Required for Reasonable Suspicion Testing

Fact or Fiction

All accidents require a DOT Drug & Alcohol Test

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FMCSA – Post Accident Test

As soon as practicable following an occurrence involving a CMV operating on a public road in commerce:

• If the accident involved the loss of human life; or • Driver receives a citation; and the accident

involved:– Bodily injury to any person who, as a result of the

injury, immediately receives medical treatment away from the scene of the accident; or

– One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Type of accident involved Citation issued to the CMV driver

Test must be performed by employer

Human fatality YES YES

NO YES

Bodily injury with immediate medical treatment away from the scene

YES YES

NO NO

Disabling damage to any motor vehicle requiring tow away

YES YES

NO NO

Fact Or Fiction

• For a direct observation drug test, collector stands outside the open door of the rest room to observe the collection

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Direct Observation• Pull up, pull down, turn

around – observer watches urine go from body to the collection cup

• Required on all return to duty and all follow up testing

• Required in other situations and when the collector catches the donor attempting to cheat

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Fact Or Fiction

• DOT Drug & Alcohol Rules are same as when the Omnibus Transportation Employee Testing Act of 1991 went into effect

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Rules Change Do Occur

• October 2010 – panels changed, new CCF

• August 2009 - requirement for direct observation collections for all return-to-duty and follow-up tests

• August 2008 – direct observation

• August 2001 – complete rewrite of 49 CFR Part 382

• September 2001 – complete rewrite of 49 CFR Part 40

• Many More

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Hire a Qualified Provider

Best Practices

• Appoint a DER – the DER needs training• Hire a Qualified Vender• Have a comprehensive policy and follow it• Provide the required employee education• Provide the required supervisor training• Pre-employment test on all new covered

employees

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Best Practices

• Previous employer check on all new covered employees

• After pre-employment test, add new hires to random testing pool

• Properly manage with help of a qualified vender the random testing program

• Take action on positives and refusals to test

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Best Practices

• Has your policy been updated in the last five years?

• Do you have a policy for dilute negative results?

• Can you defend your program in the event you are challenged in court?

• Are you ready for a DOT audit?

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QUESTIONS

The Compliance Expert

thecomplianceexpert@usamdt.com

USA Mobile Drug Testing, LLC ™www.usamdt.com

800-851-2021

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