How to Save Money Michael Redington US DOT/Volpe Center

Know thy Regulations 49 CFR Part 655 FTA Drug and Alcohol Regulation Updates Implementation Guidelines FTA Trainings and Seminars Legal Interpretations Part 40 ODAPC Legal Interpretations

Know thy Regulations Additional Costs Incurred Due To a Lack of Understanding of: What ‘must’ be done What ‘may’ be done What ‘should’ be done What ‘can’ be done

Over-Testing Random – ‘Minimum’ Required Rates 25% for Drug (01/2007) 10% for Alcohol Appropriate Number of Random Selection Periods for the Number of Covered Employees Quarterly is Mandatory Minimum Less Need for Heavy Upfront Testing Use Proper Reasonable Suspicion Testing as Deterrence

Over-Testing Pre-employment Many test early in the application process Test done prior to background check Result is lots of pre-employment testing Suggestion – require test after hiring, during training period or later in the application process. Still need verified negative drug result prior to performance of safety- sensitive function.

Over-Testing Post-Accident Auditors Consistently See Unnecessary/Improper DOT Testing Contrary to FTA regulations Testing doesn't meet threshold FMCSA criteria $ damage Citation issued by police Don’t Discount the Driver – No Test

Over-Testing Some Maintenance Contractors are Exempt Recipients of Section 5311 Rural Recipients of Sections 5309 and 5307 that serve population < 200,000 All Recipients used on an ad-hoc or one – time basis (local service station, muffler shop, etc.)

Over-Testing Taxicabs – Exempt when the patron (using subsidized vouchers) selects the taxi company that provides the transit service Which one do I choose to use??

90 Day Test You May - Maintain in Random Pool No pre-employment test allowed/required upon return Increase in random tests, but less than number of pre-employment tests IF Remain in Random Pool No Pre-Employment Tests Will Result in More Random Tests Overall Result = Fewer Number of Tests

Pre-Employment Alcohol Not Required by FTA 43,000 Pre-Employment Alcohol Tests in last 4 years 37 Results > Refusals 1/750 Positive/Refusal 0.13% Violation Rate

Random Selection Method Scientifically Valid Method (e) Random Number Table Random Number Generator MS-Excel or similar product is an acceptable method Not required to have more sophisticated system FTA does not endorse nor promote any individual product.

Training (Employee and Supervisor/Reasonable Suspicion) One-time training is required Common to see ‘Annual’ Training

You Can ‘Piggyback’ I’m a Random Alcohol Test I’m a Random Drug Test

Piggyback Prior to Random Selection – Determine Which of the Selections will be Drug, Which will be Drug and Alcohol More Costly Alternative is to do One Selection for Random Drug and a Completely Separate Selection for Random Alcohol

Waiting at Collection Site How much time do your employees spend waiting at the collection site?

Waiting at Collection Site collector

Waiting at Collection Site Are your employees spending too much time here? Or here? Time Back to Work Site NOTIFICATION Time to Collection Site Time at Collection Site

Waiting at Collection Site Wait Time is Measurable Sign-in at Collection Site to Time of Test as recorded on ATF/CCF How much time from Here to Here ? Wait time can be negotiated in the contract!

Transport to Collection Site Sometimes the closest is not the quickest to complete the entire collection process.

Maintain Records

Keep records as required in FTA Drug & Alcohol Audit FTA Triennial Review Other situations which may require a review of D&A records (Arbitrations, Court Proceedings, etc.)

What Must the Employer Pay ? Which Drug and Alcohol Tests? Processing Split Specimens Employee’s Testing Records Reproduction Costs

What is the Employer/Vendor NOT Required to Pay? D&A tests other than processing split specimen SAP services Any analysis, study, explanation of a legitimate medical excuse following an unverified positive A referral physician acceptable to MRO

Use ‘FREE’ services FTA provides ‘free’ training National Conference One-day seminars TSI 2 1/2 day seminars* (* = nominal fee) TSI Reasonable Suspicion Training – meets FTA Requirements* FTA provides ‘free’ assistance FTA Drug and Alcohol MIS Project Office (617) , ODAPC

Use ‘FREE’ services FTA Drug and Alcohol Web Site transit-safety.volpe.dot.gov Discussion Forums FTA Publications Clearinghouse Publications Reasonable Suspicion Videos & Leader’s Guide Technical Assistance Tools

Use P.E.T.E.R. Pre-Employment Testing Exemption Request – Pre-Employment Test May NOT Be Required Change in Directly-Operated Safety- Sensitive Contractor Records Stay in Place and Accessible? Negative Pre-Employment Results Available? Any Interruption in Safety-Sensitive Duties? Any Interruption in Random Testing?

P.E.T.E.R. Send Request to: Jerry Powers, FTA Drug & Alcohol Program Manager at

Saliva Testing Allowed for Alcohol Screening Test About $3 per Individual Saliva Test Kit Currently 1/250 FTA Screening Tests Require (>= 0.02) a Confirmation Test

Second Chance Policy? Is it right for you? What should the employer pay: SAP Services? Return-to-Duty Test? Follow-Up Test(s)? What do you do if it becomes a 3 rd, 4 th or 5 th ‘second’-chance?

Should I Join a Consortium? Consortia may allow several employers to combine their need and buy in larger quantities – share costs. Combine Employer, Contractors, DOT- Regulated (Non-FTA) Employers and FTA-Regulated Employers Share Vendor Services (Collection Sites, MROs, SAPs, etc.)

Vendor Shop TPA, Collection Site, Urine Collector, BAT, Saliva Test Technician, SAP, MRO, Lab The ‘Customer is Always Right’ Do Vendor Policies/Procedures Coincide with Employers Best Interest Do You Get the Following? Proper and timely completion of paperwork Professional and respectful approach when contacting employees Clear communication from to DER ‘Get what you pay for’

Questions & Answers Michael Redington will be available for questions immediately following this presentation Room