DRUG/ALCOHOL TESTING AND THE COMMERCIAL DRIVER 12010–11 Driver Trainer Inservice

Introduction Background on regulations. Who is subject to drug/alcohol testing. What substances are tested for. When are tests required. How does the collection process work. Who to contact with questions –11 Driver Trainer Inservice

Two different sections of the Code of Federal Regulations (CFR): 49 CFR Part 382 (FMCSA) 49 CFR Part 40 (USDOT) 32010–11 Driver Trainer Inservice

1.Who is subject to drug and alcohol testing? All commercial drivers. Exceptions: military personnel, farmers, police officers and firefighters. Gross vehicle weight rating 26,001 lbs or more –11 Driver Trainer Inservice

2.What substances are the tests designed to detect? Alcohol (pre-employment exception). Marijuana. Cocaine. Amphetamine-Methamphetamine. Opiates. PCP –11 Driver Trainer Inservice

3.When are drug and alcohol tests required? Pre-employment. Post-accident. Random. Reasonable suspicion. Return to duty –11 Driver Trainer Inservice

4.Pre-employment.  Before performing safety sensitive function.  May be required before driving on a public road.  May be an exception for individuals coming from another participating program.  Employer may test for alcohol pre- employment, but only if they test all new employees –11 Driver Trainer Inservice

5.Post Accident. Required when loss of human life is involved. Required when driver receives a citation within 8 hours (alcohol) or 32 hours(drug use), AND:  Medical treatment away from scene.  One or more vehicles towed from scene. Required when district procedures d ictate –11 Driver Trainer Inservice

6.Random Testing 50% of pool must be selected for drug testing. 10 % must be selected for alcohol testing. Randomly generated. Must be unannounced. Driver must test immediately or as soon as reasonable possible –11 Driver Trainer Inservice

7.Reasonable Suspicion. Initiated by supervisor or district official trained in identification:  Appearance.  Speech.  Body Odors.  Indication of chronic use.  Indication of withdrawal –11 Driver Trainer Inservice

8.Return to duty Permissible under Federal Codes.  Number of criterion must be met.  Will not work for school bus drivers because of authorization issues –11 Driver Trainer Inservice

9.Positive Tests. MRO must confer directly with the employee. If no valid reason, MRO must notify employer. MRO must notify DOL. OSPI will receive notification from DOL. School bus driver authorization may be revoked. Review processes are in place at each step of this procedure –11 Driver Trainer Inservice

10.The Collection Process. Sample is collected and split into 2 containers. Driver signs a certification. Collector completes form. Driver given a copy of form. Container and form sealed for transport. Breathalyzer is used for alcohol test –11 Driver Trainer Inservice

11.Refusal to Test. Failure to appear. Failure to remain at the collection site. Failure to provide a specimen. Failure to permit monitored testing when ordered. Failure to provide sufficient amount of urine. Failing or declining second test –11 Driver Trainer Inservice

Refusal to Test Cont… Failure to undergo medical exam or evaluation. Failure to cooperate. Verified as having adulterated or substituted a sample –11 Driver Trainer Inservice

12.Driver Notification Positive or refusal. Test of second sample within 72 hours. Performed in different lab. Questions about regulation.  Contact your districts supervisor, or Designated Employer Representative –11 Driver Trainer Inservice

Summary Background on regulations. Who is subject to drug/alcohol testing. What substances are tested for. When are tests required. How does the collection process work. Who to contact with questions –11 Driver Trainer Inservice

Evaluation 1.Who is subject to drug and alcohol testing under 49 CFR Part 40? 2.List the 6 substances tested for under 49 CFR Part Under what 5 circumstances are drug or alcohol tests required under 49 CFR Part 40? 2010–11 Driver Trainer Inservice18

Evaluation 4.List the steps that can lead from verification of a positive test to loss of authorization. 5.Describe the drug and alcohol testing collection process. 6.List 4 of the 9 situations that constitute a refusal to test. 2010–11 Driver Trainer Inservice19

Evaluation 7.Who would you contact with questions concerning your drug and alcohol testing program? 2010–11 Driver Trainer Inservice20