Policy Requirements Checklist
Designated employer contact (DER)
Identity of person, office, branch, and/or position (Persons that have authority to take appropriate action on test results)
Covered Employees
Operation of a revenue service vehicle, in or out of revenue service Operation of a non-revenue vehicle requiring a CDL Controlling movement or dispatch of a revenue service vehicle (determined by employer) Security personnel who carry firearms Maintenance of a revenue service vehicle Contractor employees that stand in the shoes of Transit System employees also have to comply
Prohibited Substances
Marijuana Cocaine Amphetamines Opiates Phencyclidine Alcohol
Pre-employment
Negative test before 1 SS duty, must make up if cancelled Not SS for 90-days and out of pool need pre-employment test Applicant who failed/refused must show evidence of treatment If alcohol test, must follow Part 40 regulations
Reasonable suspicion
Trained supervisor Physical behavior, performance, contemporaneous observation
Post-accident
Fatality Medical treatment away from scene, unless driver discounted Disabling damage, unless driver discounted Drug test within 32 hours Alcohol within 8 hours No test 2 hours, create note, no test 8 hours, update note Readily available, or refusal to test
Readily available stayed for resolution and medical treatment
Return-to-duty and Follow-up
Conducted in accordance with Part 40, subpart O
Random
Scientifically valid selection method Testing is conducted on all days and hours throughout the year Unannounced and immediate No discretion by management or operations
Prohibited behavior
Alcohol use 4 hours prior, on call, while performing SS duty Alohol use 8 hours after accident or until PA test
Period of Coverage
Drug test - anytime on while on duty Alcohol test - Just before, during, or immediately after safety-sensitive duty
Testing Methods
Drug & alcohol tests - detailed discussion in policy now optional It is only necessary to reference Part 40, but if referenced, copies must be available for employees
Test Requirement
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with Part 655
Test Refusal
Failure to provide breath or urine sample
Insufficient volume without valid medical explanation Tampering, adulterating, or substituting specimen Failing to appear within a reasonable time - defined by employer Leaving the scene of an accident without just cause prior to submitting to a test Leaving collection facility prior to test completion Failing to permit an observed or monitored collection when required Failing to take a second test when required Failing to undergo a medical examination when required
Failing to cooperate with any part of the testing process
Failing to sign Step 2 of alcohol test form
MRO verified adulterated/substituted sample Once test is underway, failing to remain at site and provide a specimen For pre-employment, NOT refusal: Failure to appear For pre-employment, NOT refusal: Failure to remain at site prior to commencement of test For pre-employment, NOT refusal: Aborting the collection before the test commences No claim that refusal to take a company test is a refusal to DOT test
Consequences
Positive drug or alcohol (above 0.04) test result or test refusal BAC (0.02 to 0.039) Dilute negative Dilute negative results 2-5 mg/dl Immediate remove employee from safety-sensitive position Refer for assessment by a Substance Abuse Professional Apply transit system disciplinary policy
SAP Referral Required All employees/applicants must be given valid contact information for a USDOT-qualified SAP if they test positive.
Additional Employer Provisions Allowed
Must be identified The provisions of the Drug Free Workplace Act of 1988 may be incorporated in the policy statement but must be so identified
Compliance Tips
Effective date of policy-normally found on cover of policy Policy distribution -Employees should be requested to sign a confirmation of receipt form Make sure future revisions of a substantive nature also receive Board approval Make sure all employees have the most current version of the policy Clearly differentiate between FTA and company authority
Bottom line:
Have the correct policy recognizing the mode(s) you are covered under.
Include the required information and clearly define the DOT required data.
Know and understand the policy
Use your policy to determine your actions
Be consistent exceptions always cause problems
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