1 Drug & Alcohol Testing Program: Fact or Fiction? With Joe Reilly A National Expert on Drug & Alcohol Testing Programs

AGENDA 1.What are the regulations? 2.Who is covered? 3.DER Responsibilities 4.Best Practices for Compliance 5.Questions & Answers 2

DOT REGULATIONS Omnibus Transportation Employee Testing Act of CFR Part 40 Federal Motor Carrier Safety Admin (FMCSA) For carriers and commercial driver's license holders (CDL) 49 CFR Part 382 3

A Review Of Requirements For The FMCSA/DOT Drug & Alcohol Testing Program

FMCSA Program Requirements Written Policy Designated Employer Representative (DER) Regulations on file Pre-employment tests Correct Federal Custody & Control forms (CCF) Removal of covered employees Previous employer checks Random pool Employee Education Supervisor Training Post accident testing situations Substance Abuse Professional (SAP) Process Record keeping 5

Fact or Fiction Poppy seeds cause false positives for opiates Second-hand smoke can cause a positive drug test result A driver with a medical marijuana card can is excused when testing positive for marijuana 6

Who Is Covered? 7

Who is Covered? Covered employee: A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating or gross combination weight rating of 26,001 or more lbs designed to transport 16 or more occupants (to include the driver) of any size and is used in the transport of hazardous materials that require the vehicle to be placarded 8

Designated Employer Representative - DER Need a responsible party Employers are responsible for developing and implementing successful DOT workplace drug and alcohol programs with the following components: – Clear Policies – Provisions for Education and Training – Drug and Alcohol Testing, and when needed, – Referral for Evaluation and Treatment.

DER Specific Duties Receive drug & alcohol test results Remove employees from safety sensitive functions Refer employees to the Substance Abuse Professional (SAP) and facilitate return to duty, if allowed Coordinate physician referrals for shy bladder and shy lung situations Report test results to agency and/or state and local authorities, if necessary 10

DER Specific Duties DER must be familiar with entire testing process Responsible for compliance with 49 CFR Part 40 and Agency Regulations Urine Collection Procedures Breath Alcohol Testing procedures Receive Breath Alcohol Results from BAT Correction of flaws, fatal flaws, and problem tests Determining Refusals to Test 11

DER Interacts With Collector BAT, STT MRO SAP TPA DOT & Agency Officials 12

More DER Responsibilities Ensure split specimen requests are honored Ensure that observed collections take place as required No personnel action for cancelled tests Record Keeping

Responsibilities for Record Retention The following records must be maintained for five years: Alcohol results of 0.02 or greater Verified positive drug tests Documentation of refusals to test Pertaining to SAP reports Follow-up tests and schedules for follow up tests

Responsibilities for Record Retention The following records must be maintained for three years: Information from previous employers concerning drug and alcohol test results of employees The following records must be maintained for two years: Inspection, maintenance, and calibration of EBTs

Responsibilities for Record Retention The following records must be maintained for one year: Negative and cancelled drug test results Alcohol results less than 0.02

What Else Does DER Do? Ensure split specimen requests are honored Ensure that observed collections take place as required No personnel action for cancelled tests

Employer and Return-to-duty Process Provide listing of SAPs – No charge to employee No employer requirement to provide SAP evaluation or treatment No safety-sensitive duties until employee completes SAP requirements RTD test only after SAPs follow-up report 5 Year record retention of SAP reports Rev

Fact or Fiction The DOT drug test is now a 7-panel urinalysis test A drug test is required with each DOT biennial physical 19

SAMHSA or DOT 5 Panel Cannabinoids – marijuana Cocaine and crack cocaine Amphetamines and Methamphetamine Opiates which include codeine, morphine and heroin Phencyclidine (PCP) 20

Pre-employmentRandom Reasonable Suspicion Follow - up Post Accident Return to Duty DOT Required Testing

DOT Testing Requirements Federal Drug Testing Custody and Control Form (CCF) Specimen Collection (49 CFR Part 40, Subparts C, D, E) Split Specimen Testing Testing at SAMHSA Certified Laboratory (49 CFR Part 40, Subpart F) Confirmation of any specimens testing positive Review by the Medical Review Officer (49 CFR Part 40, Subpart G) – all results positive and negative 22

Fact or Fiction A driver can be picked each quarter for random test Driver has two hours to report for a random test If a driver is out sick on day of random testing – just pick an alternate If driver has an important run, excuse him from random test and just pick an alternate 23

Random Testing Once hired MUST be placed in a Random Pool immediately. MUST spread testing evenly over the year MUST test each safety sensitive employee selected for random testing during the testing period. No dropping to alternates just because driver is not in the day of testing. Testing MUST be unannounced. Employee MUST proceed to testing site as soon as possible.

Reasonable Suspicion Based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. Immediate Action required – safety, risk Immediate Action not required – performance, attendance, tardiness issues 25

Supervisor Training Type of TrainingDurationDocumentation of training required? Recurring training required? Indicators of Probable Drug Use 1 HourYesRecommended as Best Practice Indicators of Probable Alcohol Use 1 HourYesRecommended as Best Practice 26 Required for Reasonable Suspicion Testing

Fact or Fiction All accidents require a DOT Drug & Alcohol Test 27

FMCSA – Post Accident Test As soon as practicable following an occurrence involving a CMV operating on a public road in commerce: If the accident involved the loss of human life; or Driver receives a citation; and the accident involved: – Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or – One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Type of accident involvedCitation issued to the CMV driver Test must be performed by employer Human fatalityYES NOYES Bodily injury with immediate medical treatment away from the scene YES NO Disabling damage to any motor vehicle requiring tow away YES NO

Fact Or Fiction For a direct observation drug test, collector stands outside the open door of the rest room to observe the collection 30

Direct Observation Pull up, pull down, turn around – observer watches urine go from body to the collection cup Required on all return to duty and all follow up testing Required in other situations and when the collector catches the donor attempting to cheat 31

Fact Or Fiction DOT Drug & Alcohol Rules are same as when the Omnibus Transportation Employee Testing Act of 1991 went into effect 32

Rules Change Do Occur October 2010 – panels changed, new CCF August requirement for direct observation collections for all return-to-duty and follow-up tests August 2008 – direct observation August 2001 – complete rewrite of 49 CFR Part 382 September 2001 – complete rewrite of 49 CFR Part 40 Many More 33 Hire a Qualified Provider

Best Practices Appoint a DER – the DER needs training Hire a Qualified Vender Have a comprehensive policy and follow it Provide the required employee education Provide the required supervisor training Pre-employment test on all new covered employees 34

Best Practices Previous employer check on all new covered employees After pre-employment test, add new hires to random testing pool Properly manage with help of a qualified vender the random testing program Take action on positives and refusals to test 35

Best Practices Has your policy been updated in the last five years? Do you have a policy for dilute negative results? Can you defend your program in the event you are challenged in court? Are you ready for a DOT audit? 36

QUESTIONS The Compliance Expert USA Mobile Drug Testing, LLC