1. FTA POST ACCIDENT TESTING THRESHOLDS and SCENARIOS

2. FEDERAL TRANSIT ADMINISTRATION (FTA) 11th ANNUAL DRUG & ALCOHOL PROGRAM NATIONAL CONFERENCE Sacramento, CA March 22 – 24, Presented By: Leila Procopio-Makuh, C-SAPA

3. Cell Phones PLEASE….. THANK YOU VERY MUCH. ENJOY THE CLASS.
Turn off your cell phones or put them in silent mode, and
Refrain from using your phones during class.
THANK YOU VERY MUCH. ENJOY THE CLASS.

4. Instructor: Leila Procopio-Makuh, C-SAPA, President LPM Consulting Inc
Instructor: Leila Procopio-Makuh, C-SAPA, President LPM Consulting Inc Devonshire St., # 333 Northridge, CA Phone/Fax: (818) Cell: (818)

5. Course Goal
To inform and educate participants on the specific FTA criteria for conducting DOT-FTA post-accident tests, and how to properly document the event.
At the completion of this session, participants will be able to determine who to test, what to test for, and when to conduct DOT-FTA tests after a vehicle accident and how to document the decision-making process and any delays or inability to test.

6. Types of Tests Under Part 655
Pre-employment
Reasonable Suspicion
Post-Accident*
Random
Return-to-Duty
Follow-up
*The class will focus on this test type.

7. FTA POST-ACCIDENT TESTING REQUIREMENTS

8. FTA Definition of “Accident” (Aka Testing Thresholds/Criteria)
An occurrence associated with the operation of a public transportation vehicle (including operation of the lift), which results in: - an individual’s death; or - bodily injury requiring immediate medical treatment away from the scene;* or Note: *Transportation to a medical facility can be by any means.

9. FTA Definition of “Accident” – Cont’d.
disabling damage to one or more of the vehicles (if company vehicle is a bus, electric bus, van, or automobile) and damage requires the vehicle to be towed away from the scene; or
removal from service of the vehicle (ONLY if vehicle is a rail car, trolley car, trolley bus, or vessel).

10. FTA Definition of “Vehicle”
“Vehicle” means a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transportation vehicle (formerly referred to as “mass transit” vehicle) is a vehicle used to transport the public, or one used for ancillary services
Examples of ancillary service vehicles are non-revenue commercial motor vehicles (CMVs) like tow trucks, service trucks, or snow removal equipment that are required to be driven by a CDL holder, or vehicles used by armed transit security personnel.

11. Disabling Damage
Damage that prevents the motor vehicle from leaving the scene of the accident in its usual manner in daylight after simple repairs
It includes damage to a motor vehicle where the vehicle could have been driven, but would have been further damaged if so driven
A vehicle that is unsafe to drive does not necessarily make it a “disabled” vehicle that requires FTA post-accident tests.

12. What is Not Considered Disabling Damage
- damage that can be temporarily remedied at the site without special tools or parts; - tire disablement without other damage; - headlight or taillight damage (even if the damage occurred at night and vehicle had to be towed away); or - damage to turn signals, horn, mirrors, doors, or windshield wipers, which may make the vehicle inoperable or unsafe to operate.

13. What is Not Considered Disabling Damage (cont’d)

14. What To Test For and When To Test?
Covered employers must test for both drugs and alcohol as soon as possible after an accident that meets one or more of the FTA criteria described previously, unless as described below….
If the accident does NOT involve a human fatality, DOT-FTA PA testing is prohibited, even if the accident met one or more of the FTA criteria, if the supervisor can completely discount the S-S employee’s performance as a contributing factor. The supervisor must clearly document the reason for not conducting the tests. If employer policy allows it, non-DOT tests can be conducted.

15. Who to Test?
The driver of the public transportation or ancillary vehicle
Any other safety-sensitive employee whose performance could have contributed to the accident. Examples of these S-S employees are Mechanics, Dispatchers, or Transit Supervisors.

16. Who Makes the Decision?
The employer (represented by the supervisor or the company official)
Decision on who to test is based on the best information available at the time of the decision.
- Any and all information learned during the on-site portion of the investigation
- Does not include facts that may emerge later.

17. Factors To Consider Vehicle positioning
Physical evidence (e.g., skid marks or where the damage is)
Statements of witnesses, courtesy cards
Police report, if any
Employee’s statement

18. FTA Post-Accident Decision Tree*
*Source: CahillSwift.com

19. Required Documentation
It is very important that supervisors fully and clearly document the decision to test or not to test. (See next slide for a sample Post-Accident Decision Maker Form)
Must fill out form completely and accurately
Send documentation to DAPM/DER and keep in Post-Accident testing file
Check that info on the Post Accident Decision Maker Form is consistent with the Accident/Incident Report.

20. Post Accident Decision Maker Form

21. PA Decision Maker Form – p. 2

22. Post Accident Testing Time Requirements
Alcohol test must be conducted within 2 hours of the accident (not from the time employee arrived at the clinic). If delayed, document reason for the delay.
If alcohol test is not conducted within 8 hours of the accident, cease all attempts to test and document reason(s) for inability to test.

23. Post Accident Testing Time Requirements (cont’d.)
Drug test must be conducted within 32 hours of the accident. If unable to test within this period, document reason for the inability to test.
An employee who fails to remain readily available for post-accident testing may be deemed to have refused to submit to testing. Employer may include this in the policy under the definition of “Refusal To Test.” Consequence for a test refusal is the same as a positive test result.

24. Other Post Accident Testing Provisions
Medical attention/care takes precedence over drug and alcohol testing.
If employer is unable to perform a post-accident test under Part 655, employer can use the results of the test(s) conducted by Federal, State, or local officials under their own independent authority, provided the tests are in accordance with their testing requirements and the results are obtained by the employer.

25. Post Accident Tests Outside of FTA Criteria (Non-DOT)
If the policy allows it, the employer can conduct non-DOT PA tests under its own authority.
Use non-Federal Custody and Control Form or non-DOT Alcohol Testing Form.
If additional drugs are included in the drug panel, collect the DOT sample first and then a separate urine void for the non-DOT test.
Do NOT include non-DOT tests in annual DAMIS reports.

26. Examples of Non-DOT Post-Accident Tests
Testing using $$$ threshold
Testing when other company vehicles (not public transportation vehicles) are involved
Testing required by insurance carrier
Testing for additional drugs beyond the DOT panel
Testing non safety-sensitive employees when they get involved in accidents while driving any company vehicle.

27. Examples of Non-DOT Post-Accident Tests (cont’d.)
Testing S-S employees when they appear to have caused or contributed to the accident, but the accident did not meet any of the FTA criteria
Testing after an accident/incident resulting from a rule violation
Testing the driver when either the driver or another individual complains of injury but not serious enough to be treated away from the scene.

28. What Do Auditors Look For When Reviewing Post Accident Testing Records?
Did accident meet one or more of the FTA testing criteria?
If yes to #1 above, did employer consider if driver could be completely discounted as a contributing factor?
If tests were waived, was there documentation that sufficiently explains why employee was completely discounted as a contributing factor?
Did employer fill out a PA Decision Maker form?

29. What Do Auditors Look For… cont’d.
Is info on the PA Decision Maker Form consistent with the accident report?
Did collection site use the correct CCF and ATF?
Were tests conducted within the required timeframes?
If there was testing delay or inability to test, was there documentation of the reason(s)?
Did employer order both drug and alcohol tests?
Was alcohol testing conducted first?

30. Common Problems in Post-Accident Testing – YOU MUST AVOID THESE
Conducting FTA tests after incidents that do not meet FTA testing criteria
Testing is omitted or significantly delayed without proper documentation
Inadequately trained supervisors making decisions
Testing “just to be safe” (over-testing)
Decision not to test (after FTA thresholds are met) not sufficiently documented.

31. POST-ACCIDENT TESTING SCENARIOS
To Test or Not to Test under the FTA rule
– That is the Question

32. 1. Operator stated that while he was making a right turn, he ran over the curb and damaged the front tire. He could not continue on his route with a flat tire, so the bus was taken out of service. FTA Test _____ No FTA Test _______

33. 2. In the process of turning over the paratransit van to Relief Driver B, Driver A told Driver B that there was a wheelchair passenger in the back who refused to be tied down. Driver B acknowledged it and continued on with the route. As she began to approach an intersection where the light was red, she started to apply the brakes. She stated that before she could completely stop, the light turned green, so she stepped on

34. Con’td:
…the gas and proceeded to cross the intersection. At this point she heard a commotion in the rear of the van and saw on the rearview mirror that the wheelchair passenger had fallen off her chair. The passenger complained of injuries and was transported to the hospital by an ambulance for treatment.
FTA Test _______ No FTA Test ________

35. 3. You, the supervisor, got a call that one of your operators had crossed the median and crashed into someone’s home. The bus suffered a disabling damage and the home was demolished, but no one was injured. The operator was not sure what happened; but he claimed the brakes failed. FTA Test _____ No FTA Test _____

36. 4. While moving a bus in the yard to fuel it, the Service Attendant ran into a supervisor’s car. Neither the bus nor the car sustained a disabling damage. While interviewing the Service Attendant, the supervisor noticed that his eyes were red and he smelled a pungent aroma that resembled the odor of marijuana. FTA Test _____ No FTA Test _____

37. 5. Following an accident, your operator stated he noticed a UPS truck driver pulling away from the curb at the same time he was passing. He thought he had enough clearance to go around the truck, but he still hit it with his right bumper. The UPS driver was not injured; but some passengers on the bus claimed injuries and were transported to the hospital for treatment. FTA Test _____ No FTA Test _____

38. 6. Your operator stated that while traveling on the highway at about 60 MPH, he noticed the car in front of him made a sudden stop. Operator tried to apply the brakes; but the more he stepped on the brakes, the faster the bus accelerated. He could not stop the bus and ended up rear-ending the vehicle in front. The driver and two passengers in the car, plus several passengers in the bus were transported to the hospital for medical treatment. Both vehicles were towed from the scene. FTA Test _____ No FTA Test _____

39. FTA Test ______ No FTA Test ______
7. A bicyclist claimed the bus operator turned too wide when making a right turn as he was crossing the street. The left rear of the bus hit the bicyclist who sustained injuries that required treatment away from the scene. The bus operator continued on his route until he was pulled over by a supervisor. He denied that he was involved in any accident. The supervisor did not find any damage to the bus, but he smelled alcohol on the operator’s breath.
FTA Test ______ No FTA Test ______

40. One of your buses was involved in an accident when, according to the driver, a pick-up truck rear-ended it while he was stopped at a red light. The force of the impact pushed the bus into the intersection past the crosswalk. The driver of the pick-up said he was a little dizzy after having donated blood. The bus did not suffer disabling damage, but the pick-up truck was towed.
FTA Test _______ No FTA Test _______

41. While waiting at a designated bus stop, the driver felt a hard impact to the rear of the bus. When he got off the bus to investigate, he saw that a van had rear ended the left corner of the bus. The van driver claimed that another vehicle on her left had forced her to run into the back of the bus. The van was disabled and had to be towed away.
FTA Test ______ No FTA Test ______

42. 10. While boarding at a bus,stop a female passenger tripped and spilled the beer she was carrying. She told the driver she was ok. The driver called the incident in and waited for a supervisor to arrive. While waiting, the female passenger got off the bus, walked away, then came back and said she was injured. Paramedics were called to the scene and the passenger was transported for treatment. FTA test ________ No FTA test ________

43. PICTURES OF SOME REAL LIFE PUBLIC TRANSPORTATION ACCIDENTS

44. Sept 24, 2015 Seattle SEATTLE — Four people were killed and at least 12 were critically injured when a tour bus and a duck boat tourist vehicle collided Thursday morning in Seattle, city fire officials said.

47. June 10, 2015 NEW YORK A crash inside the Lincoln Tunnel Wednesday morning injured 31 people and trapped some motorists under the Hudson River for two hours. An NJ Transit Bus rear-ended a private tour bus packed with Canadian teens who had just graduated high school and were heading to New York City to celebrate. Complicating things were two pregnant women on a third bus not involved in the accident and one of them started having labor contractions, officials said.

48. May 18, A dramatic MBTA bus crash that injured eight and left the massive vehicle dangling over the Massachusetts Turnpike was being investigated Sunday by the office of Middlesex District Attorney Marian Ryan.

49. Nov. 11, The driver of a pickup truck was seriously injured in a head-on crash with a Maryland Transit Administration bus in Towson Tuesday afternoon. The Ford F-150 drifted over the center line and crashed into the driver's side front of the bus. The bus driver was taken to a hospital to be checked out and the bus' sole passenger was uninjured.

51. 3 Metro buses involved in Colorado Springs crash
November 25, Three Mountain Metropolitan Transit buses were involved in a crash Wednesday morning, a spokeswoman for the agency said. One person was taken to a hospital.

58. QUESTIONS & ANSWERS