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7/22/2019 FAPT OTETA Presentation.ppt
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Omnibus TransportationEmployee Testing Act(OTETA)
A Basic Course in DOT Drug & Alcohol Testing Programs
Dr. Donna Smith
FirstLab, Inc.
www.firstlab.com
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History & Rationale 1991 Omnibus Transportation Employee Testing Actmandated drug and alcohol testing for all Commercial
Drivers Licensed (CDL) employees
Requirements for testing are detailed in FMCSA regulation49 CFR Part 382 and the procedures for conducting the
testing are found in 49 CFR Part 40 OTETA was aimed at preventing illicit drug use and alcoholmisuse by employees in public transportation occupationsto promote and protect public safety
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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 40procedures
Conduct Reasonable Suspicion Training for supervisors
Provide drug and alcohol education materials or training for all CDLemployees
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
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Substance Abuse Policy
- 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
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Designated EmployerRepresentative (DER)- Serves as point of contact for the testing
program
- Receives test results from the Medical Review
Officer and Breath Alcohol Technician (BAT)
- Ensures that drivers who violate the policy are
removed from driving duties and meet return to
duty requirements, if they return to work
- Ensures that drivers are in a random testing
pool
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DOT Testing Procedures 49 CFR Part 40 Applies to Employers. Employees, Service Agents
Specimen Collection, Laboratory analysis, MRO,Alcohol Testing
SAP and Return to Duty Process
TPA functions
Confidentiality and Release of Information
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Reasonable Suspicion Training
Required for all supervisors of CDLemployees
Minimum of 2 hours Signs and symptoms of drug/alcohol misuse Criteria for reasonable suspicion testing
Procedures for documenting R/S testing and
getting employee tested Training can be classroom, video,
computer-based
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Employee Drug and AlcoholAwareness Information Educational materials or training classes must be provided to all CDLemployees
Information must include:
Prohibited conduct
Testing requirements and procedures
Consequences and disciplinary actions Employee rights and responsibilities in testing program
Alcohol and drug abuse awareness information
Information on getting help with a substance abuse problem
Employee must sign acknowledgment of receipt of information/materials
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DOT Employee Booklet
Available at www.dot.gov/ost/dapc
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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
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Check for Previous Drug & Alcohol Violations
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 applicantis hired, new employer must ensure SAP process iscomplete and FU testing is conducted
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FMCSA 49 CFR Part 382 Safety-sensitive positions: CDL drivers Pre-employment, reasonable suspicion, post-
accident, random, return to duty and Follow-up
testing
For pre-employment only a drug test is required
24 out-of-service for 0.020.039 BrAC
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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
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Reasonable Suspicion Testing Based on the observations of a supervisor who has completed R/Straining
Supervisors observations must be documented on a form or writtenreport
R/S tests must be completed ASAP after decision to test is made
If both alcohol and drug tests are indicated, the alcohol test should beconducted first
Employee should be escorted to testing site
Employee should not be permitted to return to work after testing;transportation home should be offered
RTW only after test results are received
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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 ofemployers test
Post-accident tests must be conducted ASAP Alcoholwithin 2 hrs, if longer must document and complete
by 8 hrs
DrugASAPbut within 32 hrs.
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Random Testing
Selection for random testing must use a scientifically valid random numberselection process
Selections must be made at least 4 times per year and spread reasonablethroughout 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 proceedimmediately to complete the test
Number of random drug tests conducted must be at least 50% of CDLpopulation; 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 alternates were selected, they may be tested instead of unavailable drivers 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 annualpercentage.
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Best Practices for DOT Random Drug &Alcohol Testing
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Return to Duty and Follow-up Testing Occur only when there has been a DOT violation (positive, refusal to
test, etc.) RTD test conducted after SAP has provided follow-up evaluation report
stating that employee has complied with treatment requirements
Follow-up testing determined by SAP Begins when employee returns to safety-sensitive duties
Minimum of 6 FU tests in first 12 months after return to duty FU testing may extend for up to 60 months as ordered by SAP
Number of tests and duration of testing determined by SAP
Employer sets schedule for no notice FU tests
Employee is also in CDL random pool
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Urine Specimen Collection All DOT tests require: Use of Federal custody and control form (CCF)
Split specimen collection
Shy bladder procedure for inability to provide specimen
Direct observation collections required in specific
circumstances Specimen temperature out-of range Specimen suspected of adulteration
Previous test canceled because specimen invalid
Previous test canceled because split not available
Previous test very dilutecreatinine 2-5
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Urine Specimen Collection II
Collectors must complete training and proficiencydemonstration
Supervisors of employees should not act as collectors
Most collections conducted at laboratory patient servicecenters (PSC) or medical clinics (3rd Party sites)
Specimens packaged in specimen bottles, sealed, andplaced in plastic bag with CCF
Collector must distribute CCF copies to MRO, employer,and donor
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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
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Specimen Validity Testing Creatinine & Specific Gravity Dilute--creatinine
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Drugs Detected THC Metabolite of marijuana and cannabis products Cocaine
Benzaegoline is metabolite of cocaine, including crack
Amphetamines
Amphetamine and methamphetamine (MDMAEcstasy) Opiates
Morphine, codeine, and heroin (6AM)
PCP Phencyclidine (Angel Dust)
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Urine Testing Facts Positive does not establish impairment or intoxication All drugs except THC are only detected in urine 2-3 days
after use
THC can be detected in urine up to 20 days after use forchronic, regular user
Over half of all positives are for THC
Cut-off levels rule out passive inhalation or incidentalexposure causes
Laboratories must report results to MRO, not employer or
TPA
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Medical Review Officer MROs must be physicians who have special MRO
certification
All results must be verified by MRO prior to release to
employer or TPA
Must have CCF copy from collection site prior to reportingresults
Non-negative results must have donor interview with MRO
prior to verification
MRO cannot give employer (or TPA) any information priorto final verification of result
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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 humanurine)
Canceled TestInvalid specimen, flawedcollection/specimen, Shy bladder with medical explanation
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MRO Safety Concern Issued by MRO when laboratory positive drug test is
due to use of a prescribed or medically administereddrug and MRO believes:
Use of prescribed medication poses a significantsafety risk, or
Medical condition for which medication isprescribed may pose a significant safety risk
Test result will be reported as Negative with MRO
comment of a safety concern Employee is informed by MRO that safety concern is
being reported to employer
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MRO Notice to Donor
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
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Employer Actions on MRO Safety Concern
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
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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 specimenresult; cannot delay removal pending split outcome
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Split Specimen Outcomes Result reconfirmed
Drugs present at limit of detection
Adulteration & substitution criteria met
Failed to Reconfirm
Drugs not detected
Adulteration or substitution criteria not met
Split specimen not available or not suitable for testing
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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 safety-
sensitive 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)
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Alcohol Testing II Tests must be conducted by trained technicians (STTs orBATs)
DOT Alcohol Test Form (ATF) must be used for all DOTtests
BAT notifies employer or TPA of result (no MRO review of
alcohol test results) EBT detects only ethanol
Waiting period (1530 min) between screen andconfirmation test eliminates mouth alcohol
Procedures for shy lung or inability to complete test
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Third Party Administrator (TPA) Service agent for employers in implementing
testing programs
Can maintain all records for employer
Can perform all tasks except DER, medical
review and laboratory functions
TPA must conform to Part 40 and DOT agency
rules
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SAP & Return To Duty Employers must provide SAP information to all individualswho violate DOT rules, even if they terminate employment
Employees cannot return to duty unless they have: Been evaluated by a SAP
Complied with recommended treatment/rehab
Undergone a follow-up evaluation by the SAP Passed a return to duty test
Been prescribed a follow-up testing program (at least 6 tests infirst 12 months)
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Significant Compliance Issues Random testing
Must do random selections at least quarterly
Must document reasons for not testing selected employees
Must complete tests within testing period
Cancelled and late tests do not count toward percentage
Cannot discontinue random testing once the requiredpercentage is achieved
Must update random pool to include all safety-sensitiveemployees
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Significant Compliance Issues MIS reports
Must provide annual statistical data as required by DOT rule
Jan-Dec calendar year
Pre-employment tests on all s-s employees before they arehired 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
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Commonly Asked Questions What does a pending test result mean?
What do I do about a negative-dilute?
Can I change a non-DOT test to a DOT test?
I need a DOT MIS report?
What do I do about employees who are laid off or are onWC leave and are on my random list?
One of my employees got a DUI. Do I have to remove himfrom duty?
Do I need to do a drug test with my drivers physical
exam?
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Commonly Asked Questions My random list is wrong. How do I get a new one? What do I do about an employee who couldnt provide a
urine specimen at the collection site?
How do I get a laboratory statistical report?
My drivers random test was reported as canceled. Do Isend him in for another test?
Its been five days and I dont have a test result. Is it
pending for the MRO review?
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EmployerGuide to DOTTesting
Available at www.dot.gov/ost/dapc
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Stop By FirstLabs Table
and Meet FirstLabs FloridaAccount Manager
Lisa Busse
1364 Welsh Road
North Wales, PA 19454800-732-3784 Ext. 297
706-835-1835www.FirstLab.com
lbusse@firstlab.com
mailto:lbusse@firstlab.commailto:lbusse@firstlab.comRecommended