1. DOT Drug & Alcohol Testing
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This webcast will cover ...
The top 10 FMCSA D&A violations
How to establish a compliant drug and alcohol testing program
How to raise the bar through more stringent testing protocols, hair follicle testing and more!
Question & Answer
Moderator
Dr. Gary Petty, President & CEO, NPTC
Panelists
Tom Bray, Sr. Editor – Transportation Management, J. J. Keller & Associates, Inc.
Tom Moore, CTP, Senior Vice President, NPTC
Jeffery Slater, Transportation Safety & Compliance Manager, Gordon Food Service

2. DOT Drug & Alcohol Testing
July 10th, 2013

3. Dr. Gary Petty President & CEO National Private Truck Council

4. Gary Petty National Private Truck Council
Introduction
Regulations – Tom Bray
Policy and Procedure Best Practices – Tom Moore
Gordon Food Service’s Program – Jeffery Slater
Housekeeping issues:
You will be muted during the event.
Please use the Question feature on your control panel to send questions to our Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation.
If you lose sound at any point, you can dial-in by phone. You’ll find the phone number and access code on your control panel under “Audio.”

5. DOT Drug & Alcohol Testing
Tom Bray J. J. Keller & Associates, Inc.
Thomas Bray
Editor, Transportation Management
J. J. Keller & Associates, Inc.

6. Tom Bray J. J. Keller & Associates, Inc.
Applicability: Part 382
CMV drivers who are subject to CDL rules are covered by Part 382 (§ )
GVWR or GVW 26,001 lbs. or more
GCWR or GCW ≥ 26,001 lbs. with trailer of 10,001 lbs. or more
16 or more passengers
Placarded for hazmat
Part 382 contains FMCSA drug and alcohol testing rules, Part 40 contains testing procedure rules
Tom Bray J. J. Keller & Associates, Inc.

7. Tom Bray J. J. Keller & Associates, Inc.
Prohibitions
Found at § to §
0.04 BAC when on duty, using alcohol while on duty,
using alcohol within 4 hours of duty, using alcohol
within 8 hours of an accident
Using or being under the influence of a Schedule I drug while on duty
Using an unprescribed “scheduled” drug
Testing positive for drugs on DOT test
Submits an adulterated or substituted sample
Refusal to submit to a required drug or alcohol test
Tom Bray J. J. Keller & Associates, Inc.

8. Process Involving Prohibitions
IMMEDIATELY remove driver from
safety sensitive position
Provide SAP referral
Follow company policy and driver contracts or agreements, and be aware of state laws
If driver to be returned to service (all steps passed and documented):
SAP evaluation and treatment
Return-to-duty test
Follow-up testing
Tom Bray J. J. Keller & Associates, Inc.

9. Tom Bray J. J. Keller & Associates, Inc.
Policy Requirements
Policy must cover (at the minimum) the
11 items required in §
Driver must be provided with, and sign
receipt for policy
No signature, no driving
No direct training requirement, however…
Tom Bray J. J. Keller & Associates, Inc.

10. Tom Bray J. J. Keller & Associates, Inc.
DOT Test Types
Pre-employment: §
Random: §
Post-accident: §
Reasonable suspicion: §
Return-to-duty: §
Follow-up: §
Tom Bray J. J. Keller & Associates, Inc.

11. Tom Bray J. J. Keller & Associates, Inc.
Pre-employment Tests
DOT pre-employment drug screen required of:
New employees/employers just starting to
drive CMVs that require CDLs
Employees transferring into CDL driving positions
Have the verified negative test result before using the driver in a safety-sensitive function for the first time!
Tom Bray J. J. Keller & Associates, Inc.

12. Pre-employment Exceptions
Road testing
General exception criteria based on § (b):
Driver was in a DOT testing program within the
past 30 days; AND in the program:
Either was tested in the past 6 months for any test type, OR
Remained in the pool for 12 consecutive months; AND
Did not test positive or refuse a DOT test in the past 6 months.
Tom Bray J. J. Keller & Associates, Inc.

13. Tom Bray J. J. Keller & Associates, Inc.
Random Testing
Out of average number of driver positions:
50% tested for drugs annually
10% tested for alcohol annually
Testing spread reasonably throughout the year
Driver must be sent during draw period
If not tested before next drawing, must not send
Document WHY driver was not sent!
Drawing of alternates allowed
Tom Bray J. J. Keller & Associates, Inc.

14. Tom Bray J. J. Keller & Associates, Inc.
Random Testing
ALL drivers must be in drawing pool (temp, casual, part-time, mechanics that drive, drivers on leave or layoff, etc.)
If driver removed from pool due to extended leave or layoff and belief he/she is not returning, or termination, driver must retake pre-employment then be placed back into pool
Annual testing must be completed (with MRO results in hand) by December 31st
Tom Bray J. J. Keller & Associates, Inc.

15. Tom Bray J. J. Keller & Associates, Inc.
Random Testing
Random = scientifically valid method
Not allowed:
Only having “some” drivers in drawing pool
Alphabetical selection
Picking by seniority
Drawing names out of a hat or “picking” drivers
Tests based on suspicion or “just because”
Tom Bray J. J. Keller & Associates, Inc.

16. Tom Bray J. J. Keller & Associates, Inc.
Random Testing
Test notification
Wait to notify selected drivers until they are in a position to be tested
Make sure driver is available to report, and reports “immediately” or “as soon as possible” to test site (can drive themselves to the test)
Should you/can you test off-duty drivers?
Drug you can
Alcohol you cannot
Tom Bray J. J. Keller & Associates, Inc.

17. Post-Accident Testing
Post accident drug and alcohol test required if:
Vehicle required a CDL and…
One of 3 conditions are met:
Fatality
An involved vehicle must be towed and your driver was cited for a moving violation
Someone needed immediate medical care away from scene and your driver was cited moving violation
Tom Bray J. J. Keller & Associates, Inc.

18. Post-Accident Testing
When to test:
Alcohol: Within 2 hours, or 8 hours max. if 2 hour not possible
Drugs: Within 32 hours
Monitor the situation if test not initially required: Driver should be available for testing if circumstances change!
No testing once windows are closed
You can use results of law enforcement tests if you can get a copy
Driver can return to driving after testing, unless…
Tom Bray J. J. Keller & Associates, Inc.

19. Tom Bray J. J. Keller & Associates, Inc.
Reasonable Suspicion
A trained company supervisor sees and can document articulable signs of drug or alcohol use
Supervisor training must include (§ ):
60 minutes on signs of alcohol misuse
60 minutes on signs of drug use
No “recurrent training” requirement, however…
Having trained supervisors and conducting tests when necessary is required!
Tom Bray J. J. Keller & Associates, Inc.

20. Return-to-Duty and Follow-Up
Required if driver has tested positive or refused a test
Follows SAP evaluation and treatment
Return-to-duty test must be passed before placing driver back into safety-sensitive function
Follow-up test schedule set by SAP (must meet minimums)
Follow-up tests are in addition to any random tests driver is selected for
Tom Bray J. J. Keller & Associates, Inc.

21. Return-to-Duty Process
Return-to-duty process is NOT company specific
Driver can start process at one carrier and complete at another
Background checks in § are critical in locating drivers that previously failed or refused and have not completed process
Upcoming Drug and Alcohol Clearinghouse Database will provide additional visibility
Tom Bray J. J. Keller & Associates, Inc.

22. Tom Bray J. J. Keller & Associates, Inc.
DOT Test Processes
Collections, tests, and processes must
meet Part 40 requirements
Required drug test is urinalysis (“DOT Five Panel”)
“Split sample” for confirmation of positive drug test results if requested by driver (no “second collection” allowed)
Alcohol testing can be saliva screen/EBT confirmation or EBT screening and confirmation
“Refusal” is more than simply saying “no”
Tom Bray J. J. Keller & Associates, Inc.

23. Tom Bray J. J. Keller & Associates, Inc.
TPA/Consortium
Can use third party administrators to take some of the burden
Must still have a DER and take actions in-house
Still responsible for compliance, everything from collection sites to MROs
Small fleets and fleets operating under a parent company can join “consortiums” (a group of companies in a pool)
Tom Bray J. J. Keller & Associates, Inc.

24. Tom Moore, CTP Senior Vice President National Private Truck Council

25. Tom Moore National Private Truck Council
CSA Performance
Unsafe Driving
Fatigued Driving
Driver Fitness
Controlled Substance
Vehicle Maint.
HazMat
Crash
2012
12.8
17.9
17.77
1.7
24.91
19.78
22.14
2013*
10.96
13.35
13.44
0.96
21.22
1.36
30,4
* flatbed and hazardous materials carriers removed

26. Tom Moore National Private Truck Council
On-road violations
§392.5(a) Possession/use while on duty or within 4 hours of duty/under influence alcohol (0.28 percent of all driver violations)
§392.4(a) Driver uses or is in possession of drugs (0.13 percent of all driver violations)
§392.5(c)(2) Violating OOS order pursuant to (a) or (b) (0.01 percent of all driver violations)

27. Compliance Review Violations
Tom Moore National Private Truck Council
Compliance Review Violations
Acute:
§ (a) Failing to implement an alcohol and/or drug testing program (number 1 acute violation)
§ Using a driver who has tested positive for a drug
§ Using a driver who refused to take drug or alcohol test
§ (a) Failing to implement a random drug and/or an alcohol testing program
§ (b) Using a driver known to have used a controlled substance

28. Compliance Review Violations
Tom Moore National Private Truck Council
Compliance Review Violations
Critical:
§ (a) Using a driver before receiving a pre- employment result
§ (b)(2) Failing to do random drug tests at applicable annual rate (less than 50 percent)
§ (b)(1) Failing to do random alcohol test at applicable annual rate (less than 10 percent)
§ (a) Failing to conduct post accident testing on driver for alcohol
§ (b) Failing to conduct post accident testing on driver for controlled substances

29. How Fleets Are Producing Such Results
Tom Moore National Private Truck Council
How Fleets Are Producing Such Results
Training, training and more training
No rush to hire
Random testing at percentages higher than the required rate
Expanding the pool of candidates
Alternative testing methodologies

30. Growth of Hair Follicle Testing

31. Impact of Hair Testing

32. Why Are More Companies Turning to Hair Testing?
Tom Moore National Private Truck Council
Why Are More Companies Turning to Hair Testing?
Hair testing is more effective than urine at identifying illegal drug users because it is has a longer detection window.
Hair tests are typically capable of detecting illegal drug use in the three months prior to the test
Urine tests are usually only capable of detecting use in the prior few days.

33. Barriers to Hair Testing
Tom Moore National Private Truck Council
Barriers to Hair Testing
Cost
Redundancy
Jurisdiction
Misconception

34. Transportation Safety & Compliance Manager
FPO
Jeffery Slater Gordon Food Service
Jeffery Slater
Transportation Safety & Compliance Manager
Gordon Food Service

35. GFS Transport LLC Operations
Jeffery Slater Gordon Food Service
Gordon Food Service Inc. – 10,000 Employees.
15 US Distribution Centers.
Drivers
Annual Miles Driven + 63,000,000
Power Units 1200+
Private/ For hire
7 Fleet Maintenance Shops

36. Jeffery Slater Gordon Food Service
Applicability: Part 382
All our Drivers and Transportation Management are subject to DOT Drug and Alcohol testing.
In our Fleet Maintenance Shops our tractor techs and any other persons who may operate a tractor or trailer is subject to the DOT Testing.
Jeffery Slater Gordon Food Service

37. Jeffery Slater Gordon Food Service
Policy Requirements
Use a reputable TPA to help with your Drug and Alcohol policy.
Our Designated Employer Representative (DER) is located in my department.
What we do with Positive tests.
Provide with SAP information
Send on their way (Termination)
Jeffery Slater Gordon Food Service

38. Jeffery Slater Gordon Food Service
Pre-employment Tests
Any new Driver or transfer requires a DOT drug test and Hair test prior to starting.
Both DOT urine and hair tests must be verified negative prior to starting in a position.
Of course any positive tests will not be starting with us.
Any driver who is out of our Drug and Alcohol program for 30 days or longer requires a DOT pre-employment test before returning to work.
Jeffery Slater Gordon Food Service

39. Jeffery Slater Gordon Food Service
Random Testing
We keep our test percentages higher than required.
60% tested for drugs annually
20% tested for alcohol annually
Our testing is spread out over four calendar quarters and testing though out each quarter.
Our managers are trained to do the notification to the drivers and are sent selected vs. tested reports through out each quarter so they are reminded where they stand.
Jeffery Slater Gordon Food Service

40. Jeffery Slater Gordon Food Service
Random Testing
Provide TPA with a driver pool list each quarter, includes all drivers, maintenance techs, managers and yard switchers that operate on the road.
Managers are notified by from the TPA with drivers who are selected in their team for that quarter.
Managers selected for random testing are reported to my department by the TPA.
Those unable to be tested for the quarter are removed from the list and would be required to have a pre-employment test prior to coming back.
Jeffery Slater Gordon Food Service

41. Jeffery Slater Gordon Food Service
Random Testing
All alternate selections must be approved by before a new selection is made.
In most cases drivers are notified at the beginning of their route or immediately following.
All our managers are responsible in making sure the driver proceeds immediately to the clinic for collection. They document time of notification and the clinic documents time of testing.
Jeffery Slater Gordon Food Service

42. Post-Accident Testing
Post accident drug and alcohol test required if:
We follow only the DOT regulations on Post-Accident Testing and no other testing is completed.
Vehicle required a CDL and…
One of 3 conditions are met:
Fatality
An involved vehicle must be towed and your driver was cited for a moving violation
Someone needed immediate medical care away from scene and your driver was cited moving violation
Jeffery Slater Gordon Food Service

43. Jeffery Slater Gordon Food Service
Reasonable Suspicion
All Management is trained on Reasonable Suspicion.
If a manager suspects a driver of being under the influence our protocol requires a second opinion or a phone call to me before taking to the clinic.
All testing of this sort its required that a manager take the driver to the clinic and stay until completed.
Drivers are suspended until results are received.
Jeffery Slater Gordon Food Service

44. Jeffery Slater Gordon Food Service
Reasonable Suspicion
The manager is required to make sure the driver has a safe ride home after testing.
If a driver tests positive they are provided with SAP information and Terminated.
Jeffery Slater Gordon Food Service

45. Return-to-Duty and Follow-Up
We do not employ people who have tested positive for drugs or alcohol.
We will not hire a driver who has a alcohol violation on their MVR in the past 5 years.
Jeffery Slater Gordon Food Service

46. Question & Answer Session
Tom Moore National Private Truck Council
Gary Petty National Private Truck Council
Tom Bray J. J. Keller & Associates, Inc.
Jeffery Slater Gordon Food Service
Please continue to submit
your questions.

47. Gary Petty National Private Truck Council
Closing Remarks
Checkout the archive of past topics at:
PowerPoint slides and recording up in 1 week
Remaining topics for 2013:
October 2, Physical Qualification of Drivers: DOT Physicals, CDLs and Med Cards, Functional Capacity Testing 47

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