Presentation on theme: "Drug and Alcohol Testing in Accordance with DOT and FTA Regulations"— Presentation transcript:
1 Drug and Alcohol Testing in Accordance with DOT and FTA Regulations Presented by: Esther Avalos, Director of Compliance, MV Transportation, Inc.
2 Regulation Updates DOT’s “Medical Marijuana” Guidance – October 2009 Bottom Line: Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.Public Interest Exclusion – Published November 17, 2009
3 Regulation UpdatesThe DOT revised 49 CFR Part 40 in a Federal Register publishedJune 25, 2008. The DOT changed the observed collection procedures because there was ample evidence suggesting that more and more devices are available inthe market place designed to tamper with specimensThe same gender observer enters the restroom or facility where urination occurs with the employee. The observer must request the employee toraise his or her shirt, blouse, or dress/skirt, as appropriate, above thewaist, just above the navel; and lower clothing and underpants tomid-thigh; and to show the observer – by turning around – that the employeedoes not have a prosthetic device. After the observer has determined that the employee does not have such a device, the observer may permit the employee to return clothing to its proper position and then conduct the observed collection.The observer must watch the employee urinate into the collection container. Specifically, the observer must personally and directly watch the urine go fromthe employee’s body into the collection container (use of mirrors or video cameras is not permitted).
4 Regulation UpdatesMDMA Testing – We added this under the category of Amphetamine testingSee 49 CFR sections and 40.97Lowering Laboratory Cutoff Criteria for Cocaine and AmphetaminesLaboratory Testing for 6-Acetylmorphine (6-AM)See 49 CFR sections 40.87, 40.97, ,Remember, there is “no legitimate medical explanation for the presence of PCP, 6-AM, MDMA, MDA, or MDEA in a specimen” – 49 CFR sectionIf you would like to view the full scope of these changes you can go to:44
5 Still considered a 5-Panel under DOT Regulations Regulation UpdatesStill considered a 5-Panel under DOT Regulations
6 ECSTASY, MDMAEcstasy, MDMA is a synthetic, psychoactive drug that is chemically similar to the stimulant methamphetamine and the hallucinogen mescaline. MDMA causes an increase in serotonin which plays an important role in the regulation of mood, sleep, pain, appetite, and other behaviors.Ecstasy users make extremely dangerous drivers. They can exhibit the same impairments as amphetamine, heroin, cocaine, and hallucinogen users.Some ways driving ability is affected by ecstasy use include:Slowed thinking and reflexes- making reacting difficultDistorted visual and depth perceptionDifficulty making complex decisionsLengthened glare recovery timeOverly confident in driving skills and judgmentLapses in attention and concentration –driver is unable to display continuous attentionDistorted visionAuditory and visual hallucinations
7 The Drug Testing Process Employee SelectedRefusalRemove from Duty, Refer to SAPSample CollectedSample Couriered to LabLab AnalysisMedical Review OfficerNegativeDAPMTest CompletePositive1. Employee Verification2. DAPMPOSITIVE TEST
8 The Things You Need to Do Pre-employment ProcessingPolicy & TrainingRandom TestingPost-Accident TestingReasonable Suspicion TestingReturn-to-Duty TestingFollow-up TestingVendor Monitoring
9 The Pre-Employment Test Contingent upon offerNegative result must be in hand prior to SS dutyPre-employment Alcohol TestingYou may choose to do this(it’s an IQ test!)If you do, you must do it with Federal forms, and for all SS applicants/employees.If SS emp is away 90+ days, and out of random testing pool, perform a pre- employment test!
10 Pre-employment Testing Keep pre-employment negatives beyond FTA’s retention requirementKeep them as long as you employ the individualRecord date of safety-sensitive dutyIn addition to date of hire40.25Log your good-faith efforts
11 Background Checks 49 CFR Part 40 Section 25 requires Backgrounds Make your requests under 40.25, not 382!SS employers from last 2 yearsWithin 30 days of hireYou must ask the employee:“have you, in the last two years, failed or refused a DOT pre-employment test?”You must ask this because, had he failed/refused, you would have no employer of whom to make the above request!You must return requests made of you
12 Your Policy- have you updated it since Oct 1, 2010? Check compliance annually49 CFR Part 40 changed in October of 2010 – have you updated your policy?Do you have a model policy?Make sure it’s localized!Make sure your Board/GM knows!Disseminate & ExplicateYour job is to help employees get it!Get a receipt from each employee (it’s proof!)
13 Policy – Refusal Conditions Failure To:Appear at all, or in a timely manner*Remain until the testing process is complete**Provide a sample**Provide a full sample w/o medical reasonUndergo a medical evaluationCooperate w/ any part of the processPermit monitoring/observationTake a second test, as orderedSign step 2 of the Alcohol Testing FormThe submission of a verified adulterated/substituted test*Not a refusal for pre-employment testing**Not a refusal for pre-employment testing, provided testing has not yet begun (Cup handed to donor)
14 Policy – Refusal Conditions Cont. On August 25, 2008, the following refusals were added (§40.191(a)(9-10)):The possession or wearing of a prosthetic or other device that could be used to interfere with the collection processFailure to follow an observer’s instructions to raise/lower clothing and underpants, and to turn around to permit the observer to ascertain the presence/absence of interfering paraphernaliaAdmission to the collector/MRO of adulteration or substitution
15 Local Policy Decisions Decisions you must make locally:“2nd Chance” PolicyNegative-Dilute PolicyA second negative-dilute is always negativeYou must treat all employees the sameYou may have different policies for different test types
16 Training60 min of Training for each Safety-sensitive Employee – Effects of Drug Use120 min of Training for each Supervisor authorized to make Reasonable Suspicion Determinations:60 min on Drug Use60 min on Alcohol UseTraining Video is available free from FTAThere is no official certification for this: self- certify!Make sure your training now includesinformation on Ecstasy (MDMA)
17 Random Testing Determine your draw period Cannot be less frequent than quarterlyDetermine your rate (FTA Minimum is 25%/10%)A percentage of the number of safety-sensitive staff you employ throughout the year, on averageYou can test at a higher rateYour policy should indicate your rateTalk about pool dilution if pool not up to date
20 The Random Draw (or “pull”) This year, you must test 25%/10% of theaverage number of safety-sensitive employeesAn example:Q1: 336 SS empsQ2: 342 SS empsQ3: 361 SS empsQ4: 341 SS empsAverage (1380/4)=345 (this is the # of emps for MIS);Test for Drug: 25% = (87+ tests 22/q)Test for Alcohol: 10% = (35+ tests 9/q)
21 Selection Lists must be securely maintained (2yrs+) Keep your roster up to dateUse payroll, log, or other consistent mechanismUS DOT covered employees only!Get this info to your C/TPA (as applicable) on timeEnsure that your C/TPA gets it back to you!Selection Lists must be securelymaintained (2yrs+)Locked cabinet, minimal distributionSecure fax line, , etc.Notification of Random TestingChain of Notification(Supervisors? Dispatchers?)Who ensures spreading of random tests?Constraints on random alcohol testingYou may only perform random alcohol testing just before, during, or just after safety-sensitive duties.
22 Random Testing Continued - Spread Random Testing must be spread:Throughout the YearThroughout the WeekThroughout All Hours of Safety-Sensitive DutySpread may be proportional; it is not an even spreadThe goal of spreading tests is to increase deterrence through unpredictability
23 The Deterrent Spread Remember: The spread is proportional to service Alcohol Testing may only be performedJust before safety-sensitive dutyDuring safety-sensitive dutyJust after safety-sensitive dutyDrug testing may be performed at any timeIf only one employee works on Sundays, and that employee is not selected for testing, then it’s fine to not test on Sunday during that periodTrack your spreads!
24 Post accident testing, do you know how to make the call? Accident: Associated with the operation of arevenue service vehicle, whether or not thevehicle is in revenue service (includes in theyard)FatalityDisabling Damage to any VehicleInjuries requiring immediate medical treatment away from scene
25 Post accident testing, do you know how to make the call? The police clear the scene of the accident and the driver of the other vehicle has been sent to the hospital in the ambulance from the scene, your driver was rear ended and the police are citing the other driver.-Do you test your driver?
26 Post accident testing, do you know how to make the call? Nonfatal Accidents – As soon as practicable following an accident NOT involving the loss of human life in which a vehicle is involved, you must drug and alcohol test the operator at the time of the accident … UNLESS you can determine using the best information available at the time of the decision, that the operator’s performance can be completely discounted as a contributing factor to the accident.
27 Post accident testing, do you know how to make the call? Factors that do not trigger P.A. testsDollar amount of damageDriver citationInsurance or Company requirement“Just to be safe”Reasonable Suspicion implications
28 Contacts for FTA Jerry Powers, FTA D&A Program Manager (617)Mike Redington, RITA/Volpe Center(617)Eve Rutyna, RITA/Volpe Center(617)FTA Drug and Alcohol Hotline(617)For questions regarding an audit, contact the audit team leader
29 Resources FTA Safety & Security: FTA D&A MIS Reporting: FTA D&A MIS Reporting:DOT Office of Drug & Alcohol Policy & Compliance:FTA Drug & Alcohol Forum:safety.fta.dot.gov/Safety/BBS/default.asp