Wyoming Department of Transportation Office of Local Government Coordination Taylor J. Rossetti

 49 CFR Part 655 › Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations  49 CFR Part 40 › Procedures for Transportation Workplace Drug and Alcohol Testing Programs  WYDOT Drug and Alcohol Policy for Transit Providers

 Statutorily requires testing for recipients of 5307 and 5311 (5309)  Random Testing Rates Drugs - 25%  Marijuana, Cocaine, Opiates, Amphetamines, PCP, and Ecstasy Alcohol – 10%  Safety Sensitive Functions Operate a revenue service vehicle Operating a non-revenue vehicle that requires a CDL (Tow Truck) Controlling dispatch of vehicles Maintaining vehicles (if the maintenance is performed by your employee) Armed security personnel  Any other person on your staff is not covered under this policy

 Policy  Education and Training › All employees must receive a minimum of 60 minutes of training  Cover the effects and consequences of use and the signs and symptoms of drug use  Recommend an annual refresher › Supervisors and others authorized to make a reasonable suspicion determination must have an additional 60 minutes of training (120 minutes total)  Additional information regarding the physical, behavioral, speech and performance indicators of alcohol misuse  Testing Program consistent with Part 655 and 49 CFR part 40  Procedure for referring a covered employee to a Substance Abuse Professional

 Pre-employment testing › No excuses!  Drug test must have a verified negative test prior to performing any safety-sensitive function  Alcohol may be tested for but not required  All employees must be treated equally › Employee out of safety-sensitive function for more then 90 days and not in the random pool

 Only person authorized and trained for reasonable suspicion can make this determination › Must be based on specific information › Document your reason for sending to test

 Fatal accident › This is a drug and alcohol test › May extend beyond the driver  Dispatcher and maintenance personnel  Nonfatal accident › Reasonable suspicion › Person requires medical treatment away from the scene › Vehicle must be towed away

 Safety-sensitive employees only › May use a C/TPA to administer your pool › Selection should be scientifically valid (random) with each employee receiving an equal chance of being selected › You must ensure that the testing rates are met › May have to report results to WYDOT for inclusion into the annual DAMIS  Unannounced and unpredictable  Only tested while performing safety-sensitive function, just before or just after duty for alcohol  Drug may be tested for anytime the employee is on duty

 Who is responsible for what Employer Must be familiar with this part in its entirety Agents working on your behave o You are required to have documentation showing they are qualified to conduct the function o Periodic review of collection sites DOT vs. non-DOT testing o Must be completely separate from each other – different forms Previous employer o After receiving consent, must request information from a previous employer if they are regulated by a DOT Agency o Ask the employee if they have every had a positive test  Could still hire employee if they completed the return to duty process

 Brings DOT in line with Health and Human Services procedures › Impact on collection sites  Laboratory impacts › Addition of Ecstasy (MDMA) to the testing Protocol › Adjustments to cutoff levels for cocaine and amphetamines › Mandatory initial testing for heroin  Medical Review Officer › Changes to training/certification

Policy developed through periodic FTA audits  CATC  WYDOT – 2007  WYDOT – 2010  Addition of MDMA – Ecstasy to the drug protocol If your policy mentions parts 653 and 654, it is out of date