Troubleshooting for Troubleshooting for DAPMs:DAPMs:

Solving Common Solving Common Problems Problems

Ed VanderPloegEd VanderPloeg

March 17-18, 2010March 17-18, 2010

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IntroductionIntroduction About the speakerAbout the speaker Session formatSession format

Walk through several common scenarios for Walk through several common scenarios for Drug and Alcohol Program Managers (DAPMs)Drug and Alcohol Program Managers (DAPMs)

Many taken from real-life situations Many taken from real-life situations described/observed during auditsdescribed/observed during audits

Discussion and questions; active participation Discussion and questions; active participation Session goalsSession goals

Think about issues before they ariseThink about issues before they arise Identify approaches, tools, resources to Identify approaches, tools, resources to

address problems when they do ariseaddress problems when they do arise

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TopicsTopics Regulations/Forms/GuidanceRegulations/Forms/Guidance Scenarios:Scenarios:

Random testingRandom testing Post-Accident testingPost-Accident testing Reasonable suspicion testingReasonable suspicion testing

RecordkeepingRecordkeeping Working With / Identifying VendorsWorking With / Identifying Vendors Day-to-Day Program ManagementDay-to-Day Program Management

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Regulations/Forms/Regulations/Forms/GuidanceGuidance

““I heard there have been some I heard there have been some recent changes to the drug and recent changes to the drug and alcohol testing regulations. I didn’t alcohol testing regulations. I didn’t even know any changes were even know any changes were planned! Where can I find copies of planned! Where can I find copies of the new regs? What about when the new regs? What about when there are future changes– how will I there are future changes– how will I know?”know?”

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Online Resources - Online Resources - RegulationsRegulations

Part 40 Regulations (DOT Drug and Alcohol Part 40 Regulations (DOT Drug and Alcohol Testing Procedures): Testing Procedures): http://www.dot.gov/ost/dapc/NEW_DOCS/part40http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html.html

Part 655 Regulations (FTA Drug and Alcohol Part 655 Regulations (FTA Drug and Alcohol Testing Requirements):Testing Requirements):http://www.access.gpo.gov/nara/cfr/http://www.access.gpo.gov/nara/cfr/waisidx_08/49cfr655_08.htmlwaisidx_08/49cfr655_08.html

““What’s New” Sign-up: http://transit-What’s New” Sign-up: http://transit-safety.fta.dot.gov/ safety.fta.dot.gov/

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Regulations/Forms/Regulations/Forms/GuidanceGuidance

““I just got back from a statewide meeting I just got back from a statewide meeting of drug and alcohol program managers of drug and alcohol program managers where people were talking about a Best where people were talking about a Best Practices Manual, post-accident decision-Practices Manual, post-accident decision-making forms, and all sorts of other things making forms, and all sorts of other things that I’d never heard of. I sat there in that I’d never heard of. I sat there in silence feeling like a fool. Where can I find silence feeling like a fool. Where can I find copies of all these forms and documents copies of all these forms and documents that can help me improve my program?”that can help me improve my program?”

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Online Resources – Forms & Online Resources – Forms & GuidanceGuidance

Office of Drug and Alcohol Policy and Office of Drug and Alcohol Policy and Compliance (ODAPC) website: Compliance (ODAPC) website: http://www.dot.gov/ost/dapc/http://www.dot.gov/ost/dapc/

FTA Safety and Security website: FTA Safety and Security website:

http://transit-safety.fta.dot.gov/http://transit-safety.fta.dot.gov/

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Online Resources – Forms & Online Resources – Forms & GuidanceGuidance

Drug and Alcohol publications:Drug and Alcohol publications:

http://transit-safety.fta.dot.gov/http://transit-safety.fta.dot.gov/Publications/order/default.aspPublications/order/default.asp

Drug and Alcohol Technical Assistance Drug and Alcohol Technical Assistance Materials:Materials:

http://transit-safety.fta.dot.gov/http://transit-safety.fta.dot.gov/DrugAndAlcohol/TechnicalAssistance/DrugAndAlcohol/TechnicalAssistance/default.aspdefault.asp

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Random Testing - Random Testing - ScenariosScenarios

Refer to Exercise 1 in HandoutRefer to Exercise 1 in Handout 15 minutes on random testing 15 minutes on random testing

scenariosscenarios

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Random Testing – Discussion Question Random Testing – Discussion Question #1#1

““I’ve had a few positive tests – for both I’ve had a few positive tests – for both drugs and alcohol – over the past couple drugs and alcohol – over the past couple of years. Before that, nothing. Anyway, of years. Before that, nothing. Anyway, I’m not confident that I’m actually I’m not confident that I’m actually deterring the problem – even with the deterring the problem – even with the positives I’ve gotten. I know that FTA positives I’ve gotten. I know that FTA says I need to test 10% of my says I need to test 10% of my employees for alcohol, and 25% of my employees for alcohol, and 25% of my employees for drugs annually. What employees for drugs annually. What can I do to be more effective at can I do to be more effective at deterring drug and alcohol use?”deterring drug and alcohol use?”

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Random Testing - Discussion Random Testing - Discussion Question #2Question #2

““I have tried and tried, but I just I have tried and tried, but I just can’t get my collection site to do can’t get my collection site to do tests for me beyond 9-5, M-F. I know tests for me beyond 9-5, M-F. I know I need to test outside these hours. I need to test outside these hours. What can I do?”What can I do?”

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Post-Accident Testing – Post-Accident Testing – Discussion Question #1Discussion Question #1

““If one of my drivers has an accident If one of my drivers has an accident that triggers an FTA post-accident that triggers an FTA post-accident test, what documentation do I need test, what documentation do I need to maintain in the file?”to maintain in the file?”

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Post-Accident Testing – Post-Accident Testing – Discussion Question #2Discussion Question #2

““One of my drivers was injured in an One of my drivers was injured in an accident, and is in a coma. I want to accident, and is in a coma. I want to remove any cloud over us as far as remove any cloud over us as far as any drug or alcohol use – for liability any drug or alcohol use – for liability reasons. I was thinking about having reasons. I was thinking about having the doctor take a blood sample. the doctor take a blood sample. That’s OK, right?”That’s OK, right?”

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Post-Accident Testing - Post-Accident Testing - ScenariosScenarios

Refer to Exercise 2 in HandoutRefer to Exercise 2 in Handout 25 minutes on post-accident testing 25 minutes on post-accident testing

scenariosscenarios

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Reasonable Suspicion Reasonable Suspicion Testing– Discussion Testing– Discussion

QuestionQuestion ““I am afraid to send employees for I am afraid to send employees for

reasonable suspicion testing. What if reasonable suspicion testing. What if I am wrong? I am afraid that the I am wrong? I am afraid that the union will declare war on me. What union will declare war on me. What should I do?”should I do?”

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Reasonable Suspicion Reasonable Suspicion Testing - ScenariosTesting - Scenarios

Refer to Exercise 3 in HandoutRefer to Exercise 3 in Handout 15 minutes on reasonable suspicion 15 minutes on reasonable suspicion

scenariosscenarios

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Recordkeeping – Discussion Recordkeeping – Discussion Question #1Question #1

““I am going to be audited next I am going to be audited next month, and I can’t find some of my month, and I can’t find some of my records. I’m usually pretty good records. I’m usually pretty good about that sort of thing, but I was out about that sort of thing, but I was out for six weeks after surgery and some for six weeks after surgery and some things just fell through the cracks. things just fell through the cracks. What should I do?”What should I do?”

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Recordkeeping – Discussion Recordkeeping – Discussion Question #2Question #2

““I am missing a test result, and it has I am missing a test result, and it has been a week. I called everyone – the been a week. I called everyone – the collection site, the lab, the MRO – collection site, the lab, the MRO – and nobody has a record of that test. and nobody has a record of that test. The employee swears he went for The employee swears he went for the test but that he threw away his the test but that he threw away his copies of the testing forms. What copies of the testing forms. What should I do?”should I do?”

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Working With Vendors – Working With Vendors – Discussion Question #1Discussion Question #1

““I’ve been working with my collection site for a I’ve been working with my collection site for a long time, and things have been mostly great. long time, and things have been mostly great. But over the past 6 months or so, there have But over the past 6 months or so, there have been more errors in the paperwork. A couple of been more errors in the paperwork. A couple of tests have been canceled. My guys are waiting tests have been canceled. My guys are waiting in the lobby 1, 2 hours – sometimes more – just in the lobby 1, 2 hours – sometimes more – just for a random test. I know they have cut some for a random test. I know they have cut some positions, and some of the collectors are new. I positions, and some of the collectors are new. I don’t want to have to go elsewhere – especially don’t want to have to go elsewhere – especially because I’m friends with the director over there because I’m friends with the director over there – but I don’t think I have a choice. What can I – but I don’t think I have a choice. What can I do?”do?”

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Working With Vendors – Working With Vendors – Discussion Question #2Discussion Question #2

““I’ve been hit by a triple whammy this I’ve been hit by a triple whammy this month. I just learned in a matter of month. I just learned in a matter of weeks that my MRO is retiring, my SAP is weeks that my MRO is retiring, my SAP is moving her practice to another state, moving her practice to another state, and my collection site has decided that it and my collection site has decided that it is no longer going to conduct DOT is no longer going to conduct DOT collections. My program is falling apart collections. My program is falling apart before my very eyes! Help! How can I before my very eyes! Help! How can I identify a new MRO, SAP, and collection identify a new MRO, SAP, and collection site?”site?”

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Online Resources – Online Resources – Identifying VendorsIdentifying Vendors

Identifying a Medical Review Officer: Identifying a Medical Review Officer: http://www.aamro.com/locate/http://www.aamro.com/locate/

Identifying a local Substance Abuse Identifying a local Substance Abuse Professional: Professional: http://www.saplist.com/find_a_sap/sehttp://www.saplist.com/find_a_sap/search.phparch.php

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Online Resources – Online Resources – Identifying a Collection SiteIdentifying a Collection Site

Drug and Alcohol Testing Industry Drug and Alcohol Testing Industry Association (DATIA) websiteAssociation (DATIA) websitehttp://datia.org/index.php?http://datia.org/index.php?option=com_wrapper&Itemid=67option=com_wrapper&Itemid=67

Talk to other transit agencies in your area, Talk to other transit agencies in your area, get recommendationsget recommendations

Type “Drug and Alcohol testing sites” into a Type “Drug and Alcohol testing sites” into a web search engine – then call, visit, web search engine – then call, visit, evaluate, chooseevaluate, choose

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Day-to-Day Program Day-to-Day Program

ManagementManagement ““Something that has never happened Something that has never happened

before comes up and I don’t know what to before comes up and I don’t know what to do. Where can I get answers?”do. Where can I get answers?”

If urgent / time-sensitive:If urgent / time-sensitive: FTA Drug and Alcohol HotlineFTA Drug and Alcohol Hotline

617-494-6336617-494-6336 fta.damis@dot.govfta.damis@dot.gov

Jerry Powers, National D&A Program ManagerJerry Powers, National D&A Program Manager ODAPC contacts: ODAPC contacts:

http://www.dot.gov/ost/dapc/about3.htmlhttp://www.dot.gov/ost/dapc/about3.html Drug and Alcohol Program AuditorsDrug and Alcohol Program Auditors

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Day-to-Day Program Day-to-Day Program ManagementManagement

““Something that has never happened Something that has never happened before comes up and I don’t know what to before comes up and I don’t know what to do. Where can I get answers?” (cont.)do. Where can I get answers?” (cont.)

If non-urgent:If non-urgent: ODAPC website resourcesODAPC website resources FTA website resources - regulatory FTA website resources - regulatory

interpretations, etc.interpretations, etc. FTA D&A Discussion Forum: http://transit-FTA D&A Discussion Forum: http://transit-

safety.fta.dot.gov/DrugAndAlcohol/TechnicalAssisafety.fta.dot.gov/DrugAndAlcohol/TechnicalAssistance/Forum/default.aspstance/Forum/default.asp

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When all else fails…..When all else fails…..

Jerry Powers, National Drug and Jerry Powers, National Drug and Alcohol Program ManagerAlcohol Program Manager

Gerald.Powers@dot.govGerald.Powers@dot.gov 617-494-2395617-494-2395

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Thanks for Listening…Thanks for Listening…

I am available for questions after this I am available for questions after this session.session.