Resources for Running a Successful Drug and Alcohol Program Michael Redington US DOT/Volpe Center

Definition of Resources Something that can be used for support or help. An available supply that can be drawn on when needed.

Where Are the Available Resources?? Federal Transit Administration (FTA) FTA Office of Safety and Security Department of Transportation Office of Drug and Alcohol Policy and Compliance (ODAPC) Department of Health and Human Services (DHHS) Government Agencies State DOTs Other FTA Covered Employers Various Industry Associations and Organizations Consultants, TPAs, Private Industry

Where - FTA Office of Safety and Security http://transit-safety.fta.dot.gov or http:// transit-safety.volpe.dot.gov Click Drug & Alcohol Legislation, Regulations & Interpretations Newsletters Technical Assistance Materials & Tools Publications Best Practices Manual, Implementation Guidelines Training Schedules MIS Reporting

Where - ODAPC http://www.dot.gov/ost/dapc Regulations Contact Phone #s Question and Answers Tools Assistance Materials Publications

How Can I Get Started? Research - You Can Find Almost Everything Here (DOT) 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs (FTA) 49 CFR Part 655 - Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations Best Place to Find The Regulations? Part 40 (DOT) – ODAPC Website Part 655 (FTA) – FTA Office of Safety and Security Website These Both Include Current Updates, Regulatory Revisions, NPRMs, etc.

How Do I Stay Up-to-Date? FTA Drug and Alcohol Regulation Updates Newsletter FTA ‘What’s New’ E-Mails Sign Up at http://transit-safety.fta.dot.gov Postcard in your packet ODAPC – E-Mail Updates http://www.dot.gov/ost/dapc

I Just Need the Basics ODAPC What Employees Need to Know About DOT Drug & Alcohol Testing WHO WHAT Conduct is Prohibited Drugs are Tested for Happens with the Results WHEN Will I be Tested HOW Is the Test Conducted

FTA - Where Can I Ask a Question? FTA Office of Safety and Security Jerry Powers (617) 494-2395 FTA Drug and Alcohol Project Office Hotline 617-494-6336 E-Mail: FTA.DAMIS@DOT.GOV MIS Questions Regulatory Interpretations Day-to-Day Questions FTA Drug and Alcohol Forum http://transit-safety.fta.dot.gov/DrugAndAlcohol/TechnicalAssistance/Forum Ask a Question, Review previous Questions,

ODAPC - Where Can I Ask a Question? ‘Have a Question?…Ask the Staff’ E-Mail - ODAPCWebMail@dot.gov NOTE: “Response time to e-mails will vary depending on the volume of e-mails and the complexity of the request” Phone/Fax and Staff E-Mails Phone No.: 202-366-3784 Fax No.: 202-366-3897 Operating Administration’s Drug and Alcohol Program Information/Phone/E-Mail

Another Resource - Other FTA Grantees How Do I Contact Them? Who are they? Go to http://www.fta.dot.gov Click ‘About FTA’ Click ‘FTA Grantees’

Other FTA Grantees…More National Transit Database http://www.ntdprogram.gov/ntdprogram Access Employers Address Type (Public, Private, State DOT, Unit of City, Municipality, Modal (MB, DR, LR, etc.) E-mail # Safety-Sensitive Employees

Other FTA Grantees…More Contact your FTA Regional Office Go to http://www.fta.dot.gov Click ‘Regional Offices’ – contact Information State DOTs APTA Consortia Call the FTA ‘Hotline’

Resource - Contractual Relationship If you are a Division of a National Contractor (MV, Veolia, First Transit, etc.) Most have standardized policies, forms, etc. If you are a contractor utilize the grantee’s resources and vice-versa.

What Training is Available FTA – Drug and Alcohol National Conference FTA – One-Day Seminars Contact the FTA D&A Hotline (617) 494-6336 Transportation Safety Institute (TSI) Substance Abuse Management and Program Compliance (FT00465) www.tsi.dot.gov Private – DATIA, Consultants, On-line and Many Others

Program Requirements Policy Training Testing Consequences Record-Keeping

Policy §655.12 Required elements of an anti-drug use and alcohol misuse program. An anti-drug use and alcohol misuse program shall include the following: Outlined in Section 655.15 (a) Designated contact person (person, office, branch, and/or position) (b) Categories of employees covered (c) Prohibited behavior (d) Testing circumstances (e) Testing procedures (f) Requirements for testing (g) Test refusal (h) and (i) Consequence (j) Employer-specific requirements

Policy FTA Policy Checklist http://transit-safety.fta.dot.gov Click ‘Drug & Alcohol’ Click ‘Technical Assistance’

Sample Compliant Policies Click ‘Publications’ FTA Compliant Policies (MS-Word) (1) Large Transit System (2) Rural Paratransit Contractor–Drug-Free Workplace (3) Medium Transit System (4) Large Transit System–Zero Tolerance (5) Small Transit System (6) City Government–FTA and FMCSA (7) Small Transit System (8) Large Transit System (9) State DOT–Statewide Policy (10) With Second Chance (template policy) (11) No Second Chance (template policy) (12) FTA and FMCSA (template policy)

More Policy Help FTA Sample Policies May Not Include Required Text for the Following Recent Rule Revisions Minimum Random Drug Test Rate Specimen Validity Testing Mandatory Direct Observation Collection Procedures (Second Chance) Recommended Text Available in the FTA Drug and Alcohol Regulation Updates Newsletters

Training Covered Employees – 60 Minutes 655.14 (a) Education. The education component shall include display and distribution to every covered employee of: informational material and a community service hot-line telephone number for employee assistance, if available. (b) Training. (1) Covered employees. Covered employees must receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use.

Training Covered Employees – 60 Minutes Employee Assistance Program (Hotline) Membership in a Consortia Vendors Collection Facility Third Party Administrator (TPA) Substance Abuse Professional (SAP) Human Resource Department

Training Covered Employees – 60 Minutes Local Law Enforcement Community or Civic Groups Local Hospital or Medical Clinic On-Line or in Yellow Pages

Training Covered Employees – 60 Minutes NIDA – National Institute on Drug Abuse http://www.nida.nih.gov Americans for a Drug-Free America National Clearinghouse for Alcohol and Drug Information http://ncadi.samhsa.gov National Safety Alliance http://www.nationalsafetyalliance.com Partnership for a Drug Free America http://www.drugfree.org

Educational Materials

Substance Abuse Professional (SAP) §655.62 Referral, evaluation, and treatment. (a) If a covered employee has a verified positive drug test result, or has a confirmed alcohol test of 0.04 or greater, or refuses to submit to a drug or alcohol test required by this part, the employer shall advise the employee of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse, including the names, addresses, and telephone numbers of substance abuse professionals (SAPs) and counseling and treatment programs. §655.15(h) “mandatory requirements that the covered employee be removed immediately from his or her safety-sensitive function and be evaluated by a substance abuse professional, as required by 49 CFR Part 40”

Substance Abuse Professional (SAP) Employees Assistance Professionals Association http://www.eapassn.org Substance Abuse Program Administrators Association http://www.sapaa.com SAPList http://www.saplist.com Drug and Alcohol Testing Industry Association http://www.datia.org Reminder: Need to perform a face-to-face interview

Training – Reasonable Suspicion 655.14(b)(2) Supervisors. Supervisors and/or other company officers authorized by the employer to make reasonable suspicion determinations shall receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.

Training – Reasonable Suspicion FTA – National Conference TSI - Reasonable Suspicion Determination for Supervisors Seminar - (FT00546) https://www.tsi.dot.gov/tsilms/reports/trainingschedule.aspx FTA – Reasonable Suspicion Video Available on FTA Website ReasonableSuspicion-MediumQuality.wmv Accompanying Leader’s Guide Drug and Alcohol Testing Industry Association (DATIA) and many others

Training – Reasonable Suspicion Someone from the Employer Many of the same organizations mentioned in the 60 minute covered employee training TPAs, Consultants, Collection Site, SAP, etc.

Medical Review Officer (MRO) American Association of Medical Review Officers http://www.aamro.com American College of Occupational http://www.acoem.org American Society of Addiction Medicine http://www.asam.org Medical Review Officer Certification Council http://www.mrocc.org

Collection Sites – How Do I Find One Nearby? LabCorp Quest Diagnostics EMSI Management Services Foley Services Nationwide Testing Association United States Coast Guard - Reviewed Most of these have search engines

Collection Sites – How Do I Find One Nearby? Other FTA employers and other DOT employers (FMCSA) What About After-Hours? Local Hospitals Check with Individual Collectors Note: Collectors are DOT Qualified not Collection Sites

Laboratory Department of Health and Human Services (HHS) Substance Abuse and Mental Health Services Administration (SAMSHA) Certified List of All Labs Certified List of All Labs (by State) ODAPC maintains an updated list on web site

Materials Collection Cups Chain of Custody Form (CCF) and Alcohol Testing Form (ATF) Blind Samples Saliva Screening Device Evidential Breath Testing Device (EBT)

Forms (ATF & CCF) Alpha Pro Solutions, Inc. ~ ATF only Atlantic Business Forms Inc. ~ CCF only Intoximeters, Inc. ~ ATF only LAB Documents ~ CCF & ATF J. J. Keller & Associates, Inc. JK Data Corporation Standard Register Company HHS Laboratories TPAs Collections Sites

Blind Quality Control Samples From the DATIA web site Abuse Control Associate A.T. Laboratories, Inc. Bensinger, DuPont & Associates, Inc. Bio Rad Lab Biomedical Products Diversified Toxicology Consultants Inc. Drug Testing Consultants Duo Research Inc DynaGen, Inc. ElSohly Laboratories, Inc. (ELI)

Various Forms Required Documentation, Best Practice Documentation, etc. FTA – Best Practices Manual Receipt of D&A Policy Form Shy Bladder Log Tracking Logs (Random, Post-Accident, etc.) Vendor (TPA, MRO, SAP, Collector, etc.) Evaluation Test Notification Many More The CD included with your package Post-Accident Determination Form (suggested) Reasonable Suspicion Form (suggested)

Various Forms ODAPC Previous Employer - Release of Information Form “49 CFR Part 40 – Drug and Alcohol Testing” (suggested format) MRO Split Specimen Cancellation Notification (suggested format) Drug and Alcohol MIS Data Collection Form Drug and Alcohol MIS Data Collection Form (*New for 2011) Alcohol Testing Form (Required for use beginning 8/1/2010.  Authorized for use effective 2/25/2010.)

Reviewing Vendors FTA Compliance Audit Questionnaires http://transit-safety.fta.dot.gov Click Drug & Alcohol Click Technical Assistance FTA Best Practices Manual Questions to Ask What to Observe Suggested Checklists and Forms Review TPAs, Collectors, MROs, SAPs ODAPC Website –breaks down Part 40 SAP Guidelines Urine Specimen Collection Guidelines

Reviewing Vendors – Collection Sites ODAPC DOT's 10 Steps to Collection Site Security and Integrity DOT’s 10 Steps to Collection Site Security and Integrity Poster

Reviewing Vendors – Collection Sites Urine Specimen Collection Guidelines How to Conduct a DOT Collection Direct Observations - ODAPC

Reviewing Vendors – Collection Sites FTA - Collection Site Checklist Newsletter Articles Back of the CCF/ATF

Breath Alcohol Collections EBTs? Conforming Product List for Evidential Breath Testing Devices Federal Register – Updated Periodically Posted on ODAPC Website

Alcohol Screening Device ASDs? Conforming Product list for Alcohol Screening Devices Federal Register – Updated Periodically (ODAPC) AlcPro Quest Diagnostics Many More How Can I Become a Technician For DOT Alcohol Testing? ODAPC Web Site

Tools Post-Accident Determination Cards

MIS Requirement FTA Drug and Alcohol Hotline 617-494-6336 E-Mail: DAMIS@DOT.GOV Submit to: http://DAMIS.dot.gov MIS Paper Forms ODAPC and FTA web sites

Rx/OTC The RxList © FTA Rx/OTC Toolkit Food and Drug Administration www.fda.gov  Consumer Healthcare Products Association www.chpa-info.org    CHPA Educational Foundation www.otcsafety.org Be MedWise ® www.bemedwise.org The RxList © www.rxlist.com

Random Selections Section 655.45(e) states: “The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.

Random Selections 4th FTA Drug and Alcohol National Conference: “Developing Tools for the random Selection Process” FTA Web Site Click “Technical Assistance” Provided instruction on the use of random number tables.

Random Number Generators http://stattrek.com/Tables/Random.aspx http://www.randomizer.org/rrbox.htm http://www.random.org/ http://www.graphpad.com/quickcalcs/randomN1.cfm