Presented by Lisa Shields March
Regulation History and Overview 49 CFR Part 655 Key Components Types of Drug Testing allowed by DOT Difference between Reasonable Suspicion vs. Random testing Job Performance Symptoms Drugs of Abuse Who can make a decision to direct employee in for testing Administrative Requirements Best Practices Resources Available March
Designated Employer Representatives (DER) Drug & Alcohol Program Manager (DAPM) Safety Managers HR Professionals Dispatchers Service Agents March
4
Starting from the front please tell us your name and where you are from? March 20165
This presentation is intended to inform and empower key decision makers in making “fair”, “reasonable” and “observable referrals.” March
Why do we drug and alcohol test? March
8
Do you have to be right without a reasonable doubt? What if you’re wrong? How do you face the employee if employee turns out to be negative? What are the repercussions? The truth is …… March
You are not making determinations based on anything other than observable indicators that will be covered today. March
Pre Employment Random Post Accident Reasonable Suspicion Return to Duty Follow Up March
Random Testing vs. Reasonable Suspicion Testing Un-announced testing Serves as a deterrent Serves as form of detection Major difference is what? March
March
Mandatory requirement to test a specific percentage of your DOT employee pool at the minimum annual percentage rate 2016 – 25% Drug and 10% Alcohol March
The employer shall conduct a drug and/or alcohol test when the employer has reasonable suspicion to believe that a covered employee has used a prohibited drug and or engaged in alcohol misuse. March
◦ A supervisor(s), or other company official(s) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. ◦ Only one trained supervisor or company official is required. March
March
By performing Reasonable Suspicion testing who are we protecting? a) Transit Agency b) Employee c) Employer d) Traveling Public e) All of the above March
Reasonable suspicion testing: 1. You may conduct a drug and/or alcohol test when you have reason to believe that an employee has used a prohibited drug and/or engaged in alcohol misuse. 2. Your decision should be based on: Specific Contemporaneous Articulable Observations March
Reasonable Suspicion Checklist Document occurrence(s) that led to decision to test Where will you take employee to be tested The “sit down” be prepared Let’s get the keys and go March
An employer can only direct a covered employee to undergo reasonable suspicion testing while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. March
If an alcohol test is not administered within two hours following the determination that reasonable suspicion exist, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight hours following the determination that reasonable suspicion exist the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. March
Documentation is key March
Cognitive: Pertaining to the mental processes of perception, memory, judgment, and reasoning Contemporaneous: Living or occurring during the same period of time; happening in the here and now Observations: An act or instance of noticing or perceiving. March
Peripheral vision: The capacity to see side or fringe areas when one is looking ahead Visual acuity: Acuteness of the vision as determined by a comparison with the normal March
March
Addiction March
Society of self medication Coping mechanisms Stresses Poor self esteem Family Problems Finances March
Marijuana Cocaine Amphetamines Opiates PCP Alcohol March
Amphetamines & Opiates March
Type: Hallucinogen Method of Use: ○ Smoked ○ Ingested in foods Duration of High: ○ 30 minutes to several hours ○ “Typical” smoker experiences a high for approximately 2 hours March
Reddened, bloodshot eyes Pungent aroma on clothes and body Fatigue Pupils may appear dilated Slowed speech Lack of motivation on the job Irritating cough chronic sore throat Talkativeness March
Normal Pinpoint Dilated March
Produces a mildly tranquilizing and mood altering effect Cigarette papers Roach clips Small pipes made of bone to smoke Blunts Names on Street Pot Hash Weed Joint Reefer Acapulco Gold March
Delayed decision-making Diminished concentration Impaired short-term memory Impaired signal detection Distortions in time and distance estimation Lengthened glare recovery & blurred double vision Distorted visual & depth perception March
Decreased car handling Decreased reaction times Impaired distance estimation Inability to maintain headway Subjective sleepiness March
Type: Stimulant Method of Use: Oral Snorted Smoked Injected Duration of High: 5 minutes March
Runny or irritated nose Constant sniffing Broad mood swings Excessive activity an appearance of excitability Euphoric feeling, hyper excitability Long periods without eating or sleeping Talkative or nervous Breath odor Problems concentrating March
Energizes the entire central nervous system. Single edge razor blade and mirror Rolled up dollar bill Half straw or metal tube Folded paper packet Glass pipes Names on Street Coke Crack Snow Blow Rock Smoke March
Lapses in attention & concentration Tendency to over react & overcompensate Paranoia & withdrawal can create violent or aggressive behavior Impaired motor coordination False sense of alertness & skill Wild mood swings create instability Distorted vision March
Type: Stimulant Method of Use: Oral Snorted Smoked Injected Duration of High: Several hours to 15 hours March
March Talkativeness Confusion Rapid respiration Heightened aggressiveness Impulsive risk taking Runny/bleeding nose Increased heart rate, blood pressure Restlessness/Hyper excitability Dilated pupils
Effects the central nervous system as a stimulant. Speeds up the mind and body Counterfeit capsules White flat Granular powder or in lumps and packaged in aluminum foil Names on Street Meth Speed Crank Black Beauties Crystal Ritalin Rits March
Overestimation of performance capabilities Delayed reaction time Impaired coordination Extreme mental & physical fatigue Over-actions when driving such as: Over-braking Over-acceleration Over-steering March
March
Type: Narcotic (Analgesic) Method of Use: Oral Snorted Injection Duration of High: Several hours March
Impaired alertness and mental function Constricted pupils Low raspy voice Physical fatigue and drowsiness Impaired coordination Possible puncture marks (‘tracks”) Nausea/vomiting Excessive scratching and itching Mood swings March
Are narcotics typically given by doctor’s to alleviate pain, depress body functions and reactions. Pill form Smoked Injected Names on Street Smack Horse Emma Dollies Juice China White Big D Syrup March
Poor concentration while driving Day dreaming Distorted vision and difficulty focusing on tasks Distorted sense of time and distance False sense of security and ability March
Over prescribing Opiates Communities are experiencing huge increase in Heroin usage Decimating families Resulting in over dosing across the nation Death March
Type: Hallucinogen Method of Use: ○ Oral ○ Snorted ○ Smoked ○ Injected Duration of High: ○ Several hours to 24 hours March
Impaired coordination, Slowed body movements Severe confusion and agitation Extreme mood swings Muscle rigidity Nystagmus (involuntary jerky eye movement) Profuse sweating Delusions Fearfulness, Anxiety Violent or Bizarre behavior Memory and speech difficulties March
Developed as an anesthetic but the adverse side effect found to be a potent tranquilizer in large animals Clear liquid Granular powder packaged in aluminum foil Names on Street Angel Dust Hog Dust March
Distortions of size, shape, and distance perception Visual & auditory hallucinations Feeling of superiority Sense of invulnerability & power Aggressive behavior Loss of perception of time Impaired coordination and dulled senses March
What are the street names/slang terms? Bath Salts are sold under a number of different “brand” names: Bliss, Blue Silk, Cloud Nine, Drone, Energy- 1, Ivory Wave, Lunar Wave, Meow Meow, Ocean Burst, Pure Ivory, Purple Wave, Red Dove, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Knight, and White Lightning. March
March
Use of a Reasonable Suspicion checklist Where possible second opinion May take time to document observations Action should proceed with directing employee in for test No Excuses March
Type: Depressant Method of Use: Oral Duration of High: One to several hours March
Odor of alcohol Slurring of speech Incoherence Unsteady gait Nausea Skin cool to the touch Profuse sweating Euphoria Glassy eyes Poor attention span March
Increased reaction time Increased or erratic speed Swerving Unable to make rapid decisions Distorted sense of time and distance Distorted vision Loss of peripheral vision Impaired visual tracking Blurred vision March
March
(% One hour after drinking alcohol) Blood Alcohol Levels March
Face Eye Nose Mouth Hands Arms Body Mood Speech Movement State-of-Mind Physical Symptoms March
Flushed or very pale face Excessive sweating Blood shot, watery eyes Unusual movements Dilated/constricted pupils Extreme fatigue/falling asleep March
Running nose Sores around nostrils Dry mouth Frequent swallowing March
Shaking hands Clamminess Puncture marks Tremors Unusually sedate or calm Odor or alcohol or marijuana March
Slurred or incoherent Inappropriate verbal response Verbal abusiveness March
Nausea Vomiting Hallucinations Staggering or unsteady gait Impaired motor coordination Over-reaction or over-compensation Physically abusive March
Unsteady gait Impaired motor coordination Over-reaction Over-compensation March
Euphoric high Excessive laughter/talkativeness Highly excited/nervous/irritable Withdrawal/depression Extreme aggression/agitation March
Confusion Disorientation Impaired short-term memory March
Costs of Substance Abuse Abuse of tobacco, alcohol, and illicit drugs is costly to our Nation, exacting over $600 billion annually in costs related to crime, lost work productivity and healthcare March
Increased involvement in accidents Participating in risky behavior Indifference toward safety rules Careless handling and maintenance of safety- sensitive machinery Disregard for the safety of others March
Absenteeism Overtime pay Insurance claims Increased insurance costs Workers compensation (5x higher) Accidents Workplace crime March
Diverted supervisory managerial time Friction among workers Waste Damage to equipment Damage to public image Personnel turnover March
Identify unusual or inappropriate behavior Observe the employee Objectively document behaviors Determine if testing is required Have a “sit down” with employee Transport the employee March
Be confident, diplomatic and respectful Don’t approach employee from a confrontation standpoint Stick to the salient points – not subjective but objective Give the employee the opportunity to describe and explain the events from their viewpoint Send employee in for testing March
Your employee does not have to test positive to be correct in sending him or her in for a Reasonable Suspicion test Even if an employee self discloses that he or she will be hot still send them in for testing Know what your company protocols are beforehand – in the event you have a positive Do not let employee drive to testing facility! March
Seek confirmation from another supervisor ( Best Practice ) List signs and symptoms. Be specific and brief. Be objective. Include date and time. March
FTA regulations require only 1 trained supervisor to make a referral for testing. An employer’s policy cannot contradict this requirement. Documentation must remain on file for a period of no less than 2 years. Testing must proceed without delay. Supervisors can allow an employee to contact a union representative, but the testing process must continue immediately. March
Escort from the workplace discreetly Should take place in a private office with supervisor and confirming party Tell the employee they are being sent for a reasonable suspicion drug and alcohol test Explain to the employee how they will be transported to testing facility Respect the employee’s confidentiality March
Expect an emotional response: Excuses and sympathy Apologies and promises Switching Anger Tears and helplessness Deflecting Self-pity Innocence March
Compassion Guilt Friendship Loyalties Jeopardizing employee’s livelihood Loss of employee confidence/support Insecurities Fear for personal safety Do not like confrontation Lack of training on the referral process March
Ignoring job performance problems, hoping they will go away or are temporary Accepting excuses or apologies Threatening disciplinary action without follow through Giving advice or pep talks Doing some of the employee’s work because he is in a bad spot or working around the person Considering someone a “functional alcoholic” who doesn’t affect you March
Substance Abuse Professional (SAP) referral process. Assessment/Treatment Return to Duty Follow Up testing March
Must be a local Substance Abuse Professional (SAP) The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. March
This can only occur at the advising of the SAP. There should only be a Return to Duty Drug and Alcohol test after a violation of DOT policy i.e. Positive or Refusal to test A Return to Duty test should not be used when an employee has been on leave March
Document reason for directing employee(s) in for testing Escort employee to testing facility If after hours be sure to have a facility identified where you can send employee(s) after hours Can you stand down an employee until you receive a result back? Workplace Drug and Alcohol policy – is key to what your next step will be March
If your company has a zero tolerance policy you must give the employee the name of a local SAP to follow up with his or her positive test No you may not send the employee in for another test hoping he or she will pass this one Follow the DOT regulations If you allow for a second chance then you must allow the SAP to do his or her job Once employee has been cleared by SAP a Return to Duty test is required (Observed) March
Retention of records in a secure location with limited access : Five Years Verified positive drug or alcohol test results. Refusals to take required drug or alcohol tests. Employee referrals to SAP’s. Follow-up testing schedules. March
Substance Abuse Treatment Locator The Substance Abuse and Mental Health Services Administration (SAMHSA) web site will help individuals locate drug and alcohol abuse treatments programs in their communities. AlcoholScreening.org This free confidential web site lets individuals privately assess their own drinking habits and receive personalized feedback to help them determine if they need help to change those habits. There is also information about their community drug and alcohol abuse treatments and consultations. Al-Anon/Alateen Al-anon provides information on the effects of alcohol abuse and refers to nearby support groups. Alateen is the organization’s program for young people whose lives have been affected by someone else’s drinking. March
Alcoholics Anonymous (AA) AA offers a way to stop drinking to individuals who feel they have that problem. There are community programs listed in local phone books. American Council on Alcoholism The service provides referrals to alcoholism treatment programs nationwide and distributes written materials. National Council on Alcoholism and Drug Dependence Hopeline This organization provides written information on alcohol and drug abuse and referrals to treatment and counseling services nationwide. National Drug and Alcohol Treatment Referral Service Center for Substance Abuse Treatment March
(800) Alcohol Helpline (800) COCAINE Helpline (877)-A-LIFE-4U Marijuana Helpline (800) 662-HELP National Drug and Alcohol Treatment March
March
Compliance Oversight Solutions Ideal (“COSI”) All rights reserved and are the property of COSI © March