2011 WYTRANS Conference

Drug and Alcohol Refresher

Wyoming Department of TransportationOffice of Local Government Coordination

Taylor J. Rossetti

Important Documents

49 CFR Part 655› Prevention of Alcohol Misuse and

Prohibited Drug Use in Transit Operations 49 CFR Part 40

› Procedures for Transportation Workplace Drug and Alcohol Testing Programs

WYDOT Drug and Alcohol Policy for Transit Providers

49 CFR Part 655

Statutorily requires testing for recipients of 5307 and 5311 (5309) Random Testing Rates

• Drugs - 25% Marijuana, Cocaine, Opiates, Amphetamines, PCP, and Ecstasy

• Alcohol – 10% Safety Sensitive Functions

• Operate a revenue service vehicle• Operating a non-revenue vehicle that requires a CDL (Tow

Truck)• Controlling dispatch of vehicles• Maintaining vehicles (if the maintenance is performed by your

employee)• Armed security personnel

Any other person on your staff is not covered under this policy

What are the requirements? Policy Education and Training

› All employees must receive a minimum of 60 minutes of training Cover the effects and consequences of use and the signs and

symptoms of drug use Recommend an annual refresher

› Supervisors and others authorized to make a reasonable suspicion determination must have an additional 60 minutes of training (120 minutes total) Additional information regarding the physical, behavioral,

speech and performance indicators of alcohol misuse Testing Program consistent with Part 655 and 49 CFR

part 40 Procedure for referring a covered employee to a

Substance Abuse Professional

Types of tests

Pre-employment testing› No excuses!

Drug test must have a verified negative test prior to performing any safety-sensitive function

Alcohol may be tested for but not required All employees must be treated equally

› Employee out of safety-sensitive function for more then 90 days and not in the random pool

Reasonable suspicion

Only person authorized and trained for reasonable suspicion can make this determination› Must be based on specific information› Document your reason for sending to test

Post accident

Fatal accident› This is a drug and alcohol test› May extend beyond the driver

Dispatcher and maintenance personnel Nonfatal accident

› Reasonable suspicion› Person requires medical treatment away

from the scene› Vehicle must be towed away

Random drug testing

Safety-sensitive employees only› May use a C/TPA to administer your pool› Selection should be scientifically valid (random) with

each employee receiving an equal chance of being selected

› You must ensure that the testing rates are met› May have to report results to WYDOT for inclusion into

the annual DAMIS Unannounced and unpredictable Only tested while performing safety-sensitive

function, just before or just after duty for alcohol Drug may be tested for anytime the employee is

on duty

49 CFR Part 40 Who is responsible for what

• Employer Must be familiar with this part in its entirety Agents working on your behave

o You are required to have documentation showing they are qualified to conduct the function

o Periodic review of collection sites DOT vs. non-DOT testing

o Must be completely separate from each other – different forms

Previous employero After receiving consent, must request information from a

previous employer if they are regulated by a DOT Agencyo Ask the employee if they have every had a positive test

Could still hire employee if they completed the return to duty process

Changes October 1, 2010 Brings DOT in line with Health and

Human Services procedures› Impact on collection sites

Laboratory impacts› Addition of Ecstasy (MDMA) to the testing

Protocol› Adjustments to cutoff levels for cocaine

and amphetamines› Mandatory initial testing for heroin

Medical Review Officer› Changes to training/certification

WYDOT Drug and Alcohol PolicyPolicy developed through periodic FTA audits

CATC WYDOT – 2007 WYDOT – 2010

Addition of MDMA – Ecstasy to the drug protocol

If your policy mentions parts 653 and 654, it is out of date