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Program Basics
Each employer must:
Have a written substance abuse policy Appoint a Designated Employer Representative (DER) Conduct required drug and alcohol testing in accordance with Part 40 procedures Conduct Reasonable Suspicion Training for supervisors Provide drug and alcohol education materials or training for all CDL employees Maintain records and documents as required by DOT regulations Conduct a check for previous drug and alcohol violations with prior employers for all CDL applicants
- Identify prohibited drug and alcohol-related conduct - Explain drug and alcohol testing requirements and testing procedures - Define safety-sensitive duty and positions - State consequences and disciplinary actions for violation of policy - Provide a copy of the policy to each employee and maintain documentation that employee has received and understands the policy
Available at www.dot.gov/ost/dapc
Record Keeping
Employers or their TPA must keep extensive records
Test results, including CCFs Random testing documents P/A and R/S testing documentation Prior Employer checks Supervisor and employee training records SAP & RTD documents
Required at time of application or transfer to a CDL position Applicant must sign release, identifying employers in past 2 years Prospective employers must contact prior employers, provide signed release and request info on D & A violations If previous employers report a DOT violation and applicant is hired, new employer must ensure SAP process is complete and FU testing is conducted
Pre-employment Test
Negative result on a PE drug test required
Applies to employees transferring into a CDL position, as well as new-hires PE test exception allowed if applicant has been in a DOT testing program with a prior employer for past 12 mos.
Applicants who are positive or refuse to test cannot be hired and must be provided SAP referral information
If reapplication is allowed, completion of SAP process must be documented
Post-Accident Testing
Post-Accident testing required if:
Fatality Driver citied for violation and - Injuries requiring medical treatment away from scene, or - Disabling damage to vehicle requiring towing
Law enforcement P/A tests can be used in lieu of employers test Post-accident tests must be conducted ASAP
Alcoholwithin 2 hrs, if longer must document and complete by 8 hrs DrugASAPbut within 32 hrs.
Random Testing
Selection for random testing must use a scientifically valid random number selection process Selections must be made at least 4 times per year and spread reasonable throughout the year All CDL drivers must be in the random pool from which selections are made Once notified of selection for random test, the driver must proceed immediately to complete the test Number of random drug tests conducted must be at least 50% of CDL population; random alcohol tests must be at least 10% If a selected driver is not available for testing during the selection period (month, quarter, etc.), the reason for not testing must be documented
If drivers are removed from the random pool for more than 30 days, they must have a pre-employment drug test when they return to driving duties If a test result is cancelled, the test does not count toward the annual percentage.
Laboratory Analysis
DOT testing must be conducted at a DHHS/SAMHSA certified laboratory Screening test conducted using immunoassay Confirmation required for all positive screens using GC/MS Cut-off levels establish positive result (ng/mL) Laboratories authorized to conduct specimen validity testing Laboratories must review CCF for flaws prior to testing specimen
Adulterated
Ph: Acid or base added (<3 or >11) Nitrites >500 mcg Specific substance added (soap. bleach, etc)
Invalid
Interfering substance but cannot identify it Medication interference
Drugs Detected
THC
Metabolite of marijuana and cannabis products Benzaegoline is metabolite of cocaine, including crack Amphetamine and methamphetamine (MDMAEcstasy) Morphine, codeine, and heroin (6AM) Phencyclidine (Angel Dust)
Cocaine
MRO Results
NegativeNo drugs present above cut-off level Negative DiluteNo drugs present above cut-off level and low specific gravity & creatinine PositiveDrugs present and no medical explanation Refusal to TestAdulterated (contains exogenous substance or excessive level of endogenous substances) or Substituted (SG & creatinine not consistent with human urine) Canceled TestInvalid specimen, flawed collection/specimen, Shy bladder with medical explanation
MRO notifies donor that he/she can submit (within 5 days) documentation from prescribing physician that demonstrates:
Medication has been discontinued, or changed to one that does not cause concern
If MRO receives such documentation, employer will be notified that safety concern is removed
Options for resolving safety-concerns Have prescribing physician provide statement that employee is able to perform safety-sensitive duties while taking medications Have employee undergo fitness for duty evaluation by employer designated physician Important for employer to have medication policy and procedures in place MRO cannot make fitness for duty recommendation based on donor interview and urine drug test result
Split Specimens
MRO must offer split specimen analysis to any donor with a positive, adulterated or substituted result Employee cannot be required to pre-pay for split analysis Employee has 72 hrs to decide if he/she wants split analyzed MRO processes split request in writing to laboratory Split musty be tested at a different SAMHSA certified laboratory Split results reported to MRO Employee must be removed from duty based on primary specimen result; cannot delay removal pending split outcome
Failed to Reconfirm
Drugs not detected Adulteration or substitution criteria not met Split specimen not available or not suitable for testing
Alcohol Testing
Pre-employment alcohol testing not required 0.04 or greater BrAC is a rule violation (positive test) 0.020.039 BrAC requires temporary removal from safetysensitive duty Screening test uses breath or saliva specimen Confirmation test required within 30 minutes of >0.02 screening result
Confirmation must be an evidential breath test (EBT)
Alcohol Testing II
Tests must be conducted by trained technicians (STTs or BATs) DOT Alcohol Test Form (ATF) must be used for all DOT tests BAT notifies employer or TPA of result (no MRO review of alcohol test results) EBT detects only ethanol Waiting period (1530 min) between screen and confirmation test eliminates mouth alcohol Procedures for shy lung or inability to complete test
Pre-employment tests on all s-s employees before they are hired or perform s-s duties Prior Violations check ( 2yrs) on all new hires Post-accident testing documentation on all qualifying accidents
Including missed and delayed alcohol and drug tests
Available at www.dot.gov/ost/dapc
Stop By FirstLabs Table and Meet FirstLabs Florida Account Manager Lisa Busse
1364 Welsh Road North Wales, PA 19454 800-732-3784 Ext. 297 706-835-1835 www.FirstLab.com lbusse@firstlab.com