DOT Drug & Alcohol Testing

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Attention Attendees: Thank you for attending! The presentation will start in a few minutes at 1:00 PM Central. You will be muted during the event. - PowerPoint PPT Presentation

Text of DOT Drug & Alcohol Testing

  • DOT Drug & Alcohol TestingThis webcast will cover ...The top 10 FMCSA D&A violationsHow to establish a compliant drug and alcohol testing programHow to raise the bar through more stringent testing protocols, hair follicle testing and more!Question & Answer

    ModeratorDr. Gary Petty, President & CEO, NPTC

    PanelistsTom Bray, Sr. Editor Transportation Management, J. J. Keller & Associates, Inc. Tom Moore, CTP, Senior Vice President, NPTCJeffery Slater, Transportation Safety & Compliance Manager, Gordon Food ServiceAttention Attendees:Thank you for attending!The presentation will start in a few minutes at 1:00 PM Central.You will be muted during the event.Please use the Question feature on your control panel to send questions to our presenters. Well try to answer them during the Q&A period if they are not covered in the presentation.The slides and recording will be posted within 7 days at: http://www.jjkeller.com/nptcinfo

  • July 10th, 2013DOT Drug & Alcohol Testing

  • Dr. Gary PettyPresident & CEONational Private Truck Council

  • IntroductionRegulations Tom BrayPolicy and Procedure Best Practices Tom MooreGordon Food Services Program Jeffery SlaterHousekeeping issues:You will be muted during the event.Please use the Question feature on your control panel to send questions to our Panelists. Well try to answer them during the Q&A period if they are not covered in the presentation.If you lose sound at any point, you can dial-in by phone. Youll find the phone number and access code on your control panel under Audio.

  • DOT Drug & Alcohol TestingThomas BrayEditor, Transportation ManagementJ. J. Keller & Associates, Inc.

    Tom Bray J. J. Keller & Associates, Inc.

  • Applicability: Part 382CMV drivers who are subject to CDL rules are covered by Part 382 (382.103) GVWR or GVW 26,001 lbs. or moreGCWR or GCW 26,001 lbs. with trailer of 10,001 lbs. or more16 or more passengersPlacarded for hazmatPart 382 contains FMCSA drug and alcohol testing rules, Part 40 contains testing procedure rules

    Tom Bray J. J. Keller & Associates, Inc.

  • ProhibitionsFound at 382.201 to 382.2150.04 BAC when on duty, using alcohol while on duty, using alcohol within 4 hours of duty, using alcohol within 8 hours of an accidentUsing or being under the influence of a Schedule I drug while on dutyUsing an unprescribed scheduled drugTesting positive for drugs on DOT testSubmits an adulterated or substituted sampleRefusal to submit to a required drug or alcohol test

    Tom Bray J. J. Keller & Associates, Inc.

  • Process Involving ProhibitionsIMMEDIATELY remove driver from safety sensitive positionProvide SAP referralFollow company policy and driver contracts or agreements, and be aware of state lawsIf driver to be returned to service (all steps passed and documented):SAP evaluation and treatmentReturn-to-duty testFollow-up testingTom Bray J. J. Keller & Associates, Inc.

  • Policy RequirementsPolicy must cover (at the minimum) the 11 items required in 382.601Driver must be provided with, and sign receipt for policyNo signature, no drivingNo direct training requirement, howeverTom Bray J. J. Keller & Associates, Inc.

  • DOT Test TypesPre-employment: 382.301Random: 382.305Post-accident: 382.303Reasonable suspicion: 382.307Return-to-duty: 382.309Follow-up: 382.311Tom Bray J. J. Keller & Associates, Inc.

  • Pre-employment TestsDOT pre-employment drug screen required of:New employees/employers just starting to drive CMVs that require CDLsEmployees transferring into CDL driving positionsHave the verified negative test result before using the driver in a safety-sensitive function for the first time!Tom Bray J. J. Keller & Associates, Inc.

  • Pre-employment ExceptionsRoad testingGeneral exception criteria based on 382.301(b):Driver was in a DOT testing program within the past 30 days; AND in the program:Either was tested in the past 6 months for any test type, OR Remained in the pool for 12 consecutive months; ANDDid not test positive or refuse a DOT test in the past 6 months.Tom Bray J. J. Keller & Associates, Inc.

  • Random TestingOut of average number of driver positions:50% tested for drugs annually10% tested for alcohol annuallyTesting spread reasonably throughout the yearDriver must be sent during draw periodIf not tested before next drawing, must not sendDocument WHY driver was not sent!Drawing of alternates allowed

    Tom Bray J. J. Keller & Associates, Inc.

  • Random TestingALL drivers must be in drawing pool (temp, casual, part-time, mechanics that drive, drivers on leave or layoff, etc.)If driver removed from pool due to extended leave or layoff and belief he/she is not returning, or termination, driver must retake pre-employment then be placed back into poolAnnual testing must be completed (with MRO results in hand) by December 31st

    Tom Bray J. J. Keller & Associates, Inc.

  • Random TestingRandom = scientifically valid methodNot allowed:Only having some drivers in drawing poolAlphabetical selectionPicking by seniorityDrawing names out of a hat or picking driversTests based on suspicion or just becauseTom Bray J. J. Keller & Associates, Inc.

  • Random TestingTest notificationWait to notify selected drivers until they are in a position to be testedMake sure driver is available to report, and reports immediately or as soon as possible to test site (can drive themselves to the test)Should you/can you test off-duty drivers?Drug you canAlcohol you cannot

    Tom Bray J. J. Keller & Associates, Inc.

  • Post-Accident TestingPost accident drug and alcohol test required if:Vehicle required a CDL andOne of 3 conditions are met:FatalityAn involved vehicle must be towed and your driver was cited for a moving violationSomeone needed immediate medical care away from scene and your driver was cited moving violationTom Bray J. J. Keller & Associates, Inc.

  • Post-Accident TestingWhen to test:Alcohol: Within 2 hours, or 8 hours max. if 2 hour not possibleDrugs: Within 32 hoursMonitor the situation if test not initially required: Driver should be available for testing if circumstances change!No testing once windows are closedYou can use results of law enforcement tests if you can get a copyDriver can return to driving after testing, unless

    Tom Bray J. J. Keller & Associates, Inc.

  • Reasonable SuspicionA trained company supervisor sees and can document articulable signs of drug or alcohol useSupervisor training must include (382.603):60 minutes on signs of alcohol misuse60 minutes on signs of drug useNo recurrent training requirement, howeverHaving trained supervisors and conducting tests when necessary is required!Tom Bray J. J. Keller & Associates, Inc.

  • Return-to-Duty and Follow-UpRequired if driver has tested positive or refused a testFollows SAP evaluation and treatmentReturn-to-duty test must be passed before placing driver back into safety-sensitive functionFollow-up test schedule set by SAP (must meet minimums)Follow-up tests are in addition to any random tests driver is selected forTom Bray J. J. Keller & Associates, Inc.

  • Return-to-Duty ProcessReturn-to-duty process is NOT company specificDriver can start process at one carrier and complete at anotherBackground checks in 391.23 are critical in locating drivers that previously failed or refused and have not completed processUpcoming Drug and Alcohol Clearinghouse Database will provide additional visibilityTom Bray J. J. Keller & Associates, Inc.

  • DOT Test ProcessesCollections, tests, and processes must meet Part 40 requirementsRequired drug test is urinalysis (DOT Five Panel)Split sample for confirmation of positive drug test results if requested by driver (no second collection allowed)Alcohol testing can be saliva screen/EBT confirmation or EBT screening and confirmationRefusal is more than simply saying noTom Bray J. J. Keller & Associates, Inc.

  • TPA/ConsortiumCan use third party administrators to take some of the burdenMust still have a DER and take actions in-houseStill responsible for compliance, everything from collection sites to MROsSmall fleets and fleets operating under a parent company can join consortiums (a group of companies in a pool)Tom Bray J. J. Keller & Associates, Inc.

  • Tom Moore, CTPSenior Vice PresidentNational Private Truck Council

  • CSA Performance* flatbed and hazardous materials carriers removed

    Unsafe DrivingFatigued DrivingDriver FitnessControlled SubstanceVehicle Maint.HazMatCrash201212.817.917.771.724.9119.7822.142013*10.9613.3513.440.9621.221.3630,4

  • On-road violations392.5(a) Possession/use while on duty or within 4 hours of duty/under influence alcohol (0.28 percent of all driver violations)392.4(a) Driver uses or is in possession of drugs (0.13 percent of all driver violations)392.5(c)(2) Violating OOS order pursuant to 392.5(a) or (b) (0.01 percent of all driver violations)

  • Compliance Review ViolationsAcute:382.115(a) Failing to implement an alcohol and/or drug testing program (number 1 acute violation)382.215 Using a driver who has tested positive for a drug 382.211 Using a driver who refused to take drug or alcohol test 382.305(a) Failing to implement a random drug and/or an alcohol testing program 382.213(b) Using a driver known to have used a controlled substance

  • Compliance Review ViolationsCritical:382.301(a) Using a driver before receiving a pre-employment result382.305(b)(2) Failing to do random drug tests at applicable annual rate (less than 50 percent)382.305(b)(1) Failing to do random alcohol test at app