Transcript Drug and Alcohol Program Management ~Spring Training

Drug and Alcohol
Program Management
~Spring Training ~
March 8th 2007
Welcome!
Today’s training topics:
 Substance Abuse Policy
 Record Retention and Confidentiality
 Pre-employment Administrative
Requirements and Testing
 Training of Safety Sensitive Employees and
Supervisors
 Random Testing Program
 Post Accident Testing
 Reasonable Suspicion Testing
 Collection Site Monitoring
 Clean, Sober and Safe video
Substance Abuse Policy
Brief discussion/refresher
Substance Abuse Policy
• An FDOT model policy is available
• FTA policy requirements,(§655.15) any
additions under your own authority must be
made obvious
• Policy must be adopted by governing board
• Must be disseminated to all employees at
time of hire and each time a change is made
• Documentation of employee receipt must be
kept on file for a minimum of two years from
the date of the documentation
• NEW! Adjust for the new random rate if policy
states the specific percentage- (this applies to
FDOT model policy)
Record Maintenance
Release of Information and Retention
Record Maintenance
• All FTA drug or alcohol test records
must be kept in a secure location
with controlled access [§655.71(a)].
• Locked file cabinet separate from
personnel records and medical
records to ensure that no
unauthorized persons have access
to test results.
• Access to test results is limited to the
DAPM and alternate.
Release of Information
• The FTA regulation [§655.73] states that
test results may be released only when
required by regulation or when the
employee provides specific written
consent, which means that the employee
must indicate:
• The specific information that is to be
released
• The identity of the person to which the
information is to be released
• The specified time period for which the
release of information can occur
When Specific Consent is NOT Required for
release of records
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When records are requested by:
A state oversight agency or grantee
required to certify compliance to FTA
on your behalf.
Any DOT agency with regulatory
authority over the employer or any of
its employees
A consultant or specialist appointed
by an authorized authority
National Transportation Safety Board
(NTSB)
Record Retention
Keep for One Year:
 Negative urine drug and breath alcohol results
Keep for Two Years:
 Records related to the collection process
 Education and Training records
Keep for Three Years:
 Information obtained via previous DOT employer
background checks
Keep for Five Years:
 Positive urine drug and breath alcohol results
 Employee refusals/disputes/referrals for reasonable
suspicion
 EBT device calibration documentation
 Annual MIS reports
Record Retention
• Best practice is to keep all records
for a period no less than 5 years.
• When audited, you will only be
required to show records that are
within the regulatory record retention
guidelines
Pre Employment
Administrative Requirements and
Testing
Pre Employment Background Checks
Review application to determine if employee
has worked for any DOT regulated employers
Look for any “holes” in employment history
Ask employee if he or she has refused a DOT
required pre-employment test or has had a
positive result on a DOT pre-employment test
(in the previous two years, for which they were not hired)
Obtain employee consent for DOT drug and
alcohol background check for the previous DOT
employers of the past two years
Background Check continued
 Send consent and request for information to
previous employers
 If possible review this information PRIOR to the
employee performing safety sensitive duties
 If request is not fulfilled, document that a “good
faith effort” was made
 If information obtained from a previous employer
reveals a refusal or a positive, employee must
show proof of a SAP evaluation and successfully
completed treatment (you must accept responsibility for the
follow up testing that may be required if you hire this applicant)
 Keep background check information or good faith
effort on file for a minimum of three years
Pre employment drug test
• Must test no more than 90 days prior to
performance of safety sensitive duties; preferably
within one week
• Previous or other DOT employer test cannot be
accepted.
• A negative drug test result must be physically in
hand prior to safety sensitive duty
• A canceled test must be retaken
• A dilute test must be retaken if agency policy is to
retest all dilute specimens
•
Keep negative test result on file for a minimum of
one year
Administrative Requirements
• Employee must be provided a copy of the
current Substance Abuse Policy
• Documentation of the employee’s receipt
of the policy must be kept on file for a min.
of 2 years
• Provide a minimum of 60 minutes of
Employee Drug Awareness training for all
safety sensitive employees
• Add employee to Random Testing Pool
Training
Safety Sensitive and Supervisory
Training Requirements
• All safety sensitive employees must receive a
minimum of 60 minutes of employee drug
awareness training
• Training must include information about the five
prohibited drugs including the effects on health
and safety
• Concern for public safety should be emphasized
• Provide employees with both visual and reading
material
• Training is only required once during the tenure
of employment, but recommended annually
Supervisor Training
Reasonable Suspicion Training:
 60 minutes of training on the probable
signs and symptoms of prohibited drug
use
 60 minutes of training on the probable
signs and symptoms of alcohol misuse
 Training video and trainer’s guide are
available from FTA Safety and Security
website (http://transit-safety.volpe.dot.gov)
 Only required once in the tenure of
employment but suggested annually
Supervisor Training
• Supervisors who are required to
determine if accidents meet the FTA
criteria to test should be trained in
the following:
Use of the FTA Post Accident Decision
Form
Possible contribution of other employee
actions (maintenance)
Necessity to supervise employee(s)
until testing takes place
Collection site locations and or contacts
Time limitations of testing
Training Resources
• Substance Abuse Management Website:
http://www.cutr.usf.edu/byrnessamsite
• FTA Website:
• http://transit-safety.volpe.dot.gov/Training/default.asp
• TD Commission Conference Workshops in Orlando
Aug. 6-9 2007
• FPTA/CUTR/FDOT Professional Development
Workshops in Tampa June 4-6 2007
• FTA Annual Drug and Alcohol Conference New Orleans
April 10-12 2007
Random Testing
Increasing Effectiveness and
Compliance
Random Testing-New Minimum
•
National positive rate averaged less
than 1% for the previous three
years
•
25% of safety sensitive employees
must be tested annually- as a
minimum
•
Agencies can choose to remain at
testing at the 50% rate
•
Statewide testing pool has been
lowered to the new FTA minimum
Random Testing Effectiveness
• Limit persons involved in the
coordinating of testing
• Record notification time; track
collection times
• Avoid any predictable patterns
– Save a few for the end of the testing period
– Send for testing when least expecting it
• Never conduct “group testing”
• Update employee database every
single testing period
Post Accident Testing
Refresher
Post Accident Testing
• Train supervisors on the use of the
Decision and Documentation form
• Prepare a “Post Accident Kit” that
includes:
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Decision and Documentation Form
Contact numbers for DAPM and Alternate
List of approved sites and mobile collectors
Custody and Control Forms
Specimen cups (helpful for rural agencies who
need to use a local hospital)
Post Accident Testing
• Any fatality- test
• One of more vehicles towed away from
scene (because they had to be)- test
unless employee actions can be
completely discounted
• One or more parties are transported for
medical treatment-test unless employee
actions can be completely discounted
• Don’t follow the better safe than sorry
mindset- follow regulations; use decision
and documentation form
Post Accident Testing Continued
• Comply with local law enforcement and see that
medical attention is provided before all else
• Test all employees who could have contributed to
the cause of the accident (such as maintenance)
• Keep employee(s) under supervision until testing
occurs
• Conduct both urine drug and breath alcohol
testing
• Document any delays in testing
• Document any employee refusals- supervisors
must be made aware of actions that constitute
refusal
Reasonable Suspicion
Testing
Increasing use of test type
Reasonable Suspicion Testing
• Most under utilized test type
To increase use:
Supervisors should receive annual
refresher training that includes role
play
Create an atmosphere of respect for
a supervisor’s authority in this area
Supervisors fear they won’t be
“backed up” by management or they
will be disliked by employees
Reasonable Suspicion Testing
• Only one trained supervisor is
required to make the call
• Two trained supervisors are ideal
• Approach employee in a discreet and
respectful manner
• Document all signs and symptoms
• Document employee reaction, any
dispute or refusal
• Conduct testing as quickly and
efficiently as possible
• Keep employee supervised until
testing takes place
Reasonable Susp.Testing Cont.
• Remove employee from safety
sensitive duty until a negative drug
test result reports
• Breath alcohol testing with a result
between 0.02 and 0.039; requires
removal from safety sensitive duty
for a minimum of 8 hours
• All positive results require referral to
a DOT Certified SAP
• Follow policy beyond referral
Collection Site Monitoring
Your compliance depends on it
Collection Site Monitoring
• Not a regulatory requirement
• Agency compliance is directly affected by
collector’s compliance
• Become familiar with the collection
process
• Obtain feedback from employees
• Make unannounced visits
• When employee turnover at collection site
occurs, establish rapport
• Check custody and control forms for
errors
• Report errors and delays to TPA
• Report serious infractions to FDOT
Clean, Sober and Safe
Employee Drug Awareness
Training Video
Clean, Sober and Safe
• Developed in response to a need for
training material specific to FTA
regulated employers
• 23 minute video and accompanying
handbook to be used in conjunction
with the substance abuse policy
• Geared toward all safety sensitive
employees
• Features Florida history and Florida
transit systems