Transcript DRUG AND ALCOHOL PROGRAM MANAGEMENT

Reginald C. Reese
VP, Safety and Risk Management
AUTHORITY TO TEST
U.S. Department of Transportation (DOT) in 49 CFR Part
40, Part 382 and Part 655, as amended. – Federal regulation
and compliance.
Federal Transit Authority – FTA, Recipients of FTA
funding
FMCSA – Federal Motor Carrier Safety Administration –
Everybody else…
Drug and Alcohol Policy – FTA compliant policy.
Additional requirements and/or disciplinary actions
established under Keolis own authority are entered in
ITALICS. These sections are to be considered regulations
under corporate authority, and are enforceable.
AUTHORITY TO TEST
Policies and Procedures Manual – One purpose of
the Keolis Policies and Procedures is to communicate
how Keolis and its employees will comply with or
exceed applicable drug and alcohol regulations. In
some cases, the provisions of these policies and
procedures require Keolis employees to meet higher
performance standards than those established by
federal regulation. Drug and Alcohol procedures are
included in each applicable section as corporate
doctrine.
ACRONYMS, DEFINITIONS AND
ABREVIATIONS
TPA = Third Party Administrator – Concentra… or another
Our service agent which provides and coordinates the provision of
a variety of drug and alcohol testing services. Concentra may also
be your employee health care provider.
DAPM = Drug and Alcohol Program Manager
DER = Designated Employer Representative
SAPA = Substance Abuse Program Administrator
An employee authorized by the employer to manage and monitor
the drug and alcohol testing program. This person may make
required decisions in the testing and evaluation process, maintain
required records, update policy and procedures, and monitor
contractors and vendors. The DAPM may also receive test results
and other communications for the employer, consistent with the
requirements of 49 CFR Part 655.
ACRONYMS, DEFINITIONS AND
ABREVIATIONS
MIS Report = Management Information Systems Report Annual summary of drug and alcohol testing for the preceding
period (month, quarter, semi annual or year).
MRO = Medical Review Officer - A person who is a licensed
physician and who is responsible for receiving and reviewing
laboratory results generated by an employer's drug testing program
and evaluating medical explanations for certain drug test results.
BAT = Blood Alcohol Technician – Person who assists and
instructs employees in the alcohol testing process and who
operate an
EBT = Evidential Breath Testing – Device through which blood
alcohol content is measured through breath samples
ACRONYMS, DEFINITIONS AND
ABREVIATIONS
SAP = Substance Abuse Professional –
Assigned by our EAP
A person who evaluates employees who have violated a
DOT drug and alcohol regulation and makes
recommendations concerning education, treatment, followup testing, and aftercare. Life Solutions is our corporate
Employee Assistance Program for most locations.
WHAT’S AT STAKE?
Federal Compliance
Contract Compliance
Your Client’s Compliance with the
FTA
Local Budget Impact
Employee Confidence
TOTAL COMPLIANCE IS NOT COMPLICATED AT ALL!
MY ROLE AS CORPORATE DAPM
(Drug and Alcohol Program Manager)
I represent our corporation to ensure compliance with all
applicable D & A Program regulations, collectively as a
corporation, and as they concern individual properties.
Represent you to our corporate TPA (Concentra, or whatever
TPA you have been assigned by your client) to facilitate your
needs.
Represent Concentra’s needs to the individual properties and
DERs on matters of policy and process.
I am authorized to act as your corporate compliance
representative, and one of your resources. I work with and for
you, whether your TPA is Concentra or not!
REASONABLE SUSPICION
Regulation: The testing referral will be made by a trained
supervisor or company official based upon specific,
contemporaneous, and articulable observations concerning the
appearance, behavior, speech, or body odor of the employee.
Train your dispatchers and other front line employees who may
be in a position to initiate a reasonable suspicion “alert” in the
absence of a supervisor. At the very least, rehearse the
procedures by which an employee is processed for reasonable
suspicion observation and testing.
Practice the reasonable suspicion scenarios BEFORE they
happen. Time and process are critical in these cases. This is no
time for “guessing”.
PRE EMPLOYMENT TESTING
Remember that there is another “pre-employment” test
circumstance……..
“When a covered employee or applicant has not performed a
safety-sensitive function for 90 consecutive calendar days
regardless of the reason, and the employee has not been in the
employer’s random selection pool during that time, the employer
shall ensure that the employee takes a pre employment test with
a verified negative result.” –655.14
POST ACCIDENT TESTS
“Accident” according to the FTA’s definition is an occurrence
associated with the operation of a vehicle if, as a
result……..(fatality, medical transport or tow)
Notice that the definition is not specifying a collision?
We must test in cases of…..
Fatality
Disabling damage to any vehicle
Injuries requiring immediate medical treatment away
from the scene
FTA Post-Accident DRUG and ALCOHOL test is required unless you
determine, using the best information available at the time of the
decision, that the employee’s performance can be completely
discounted as a contributing factor to the accident. Any reason for
discounting the employee’s performance as a contributing factor to
the accident MUST be documented.
ESCORT THE EMPLOYEE TO THE COLLECTION SITE!!
ALCOHOL TESTING
Any safety sensitive employee found to have an alcohol
concentration of 0.02 or greater but less than 0.04 will not
perform, nor be permitted to perform, a safety-sensitive
function for at least 8 hours following administration of the
breath alcohol test, or if the employee was re-tested, the
result was less than 0.02.
RANDOM POOL ADMINISTRATION
Timely submissions
Cleaned out, new roster sent quarterly or monthly
“One stop” notification document prep is recommended
Bracket time for sending each donor according to their duty
schedule (in accordance with random spreading)
Tests to take place during all times of operation
Plan your spread BEFORE starting tests
Time “sent” on notification form (know the time it should
take for the employee to report)
Check to see if TPA loaded the BAT results into the system.
If not, load the BAT results.
Track process using database
Run Random Completion Reports (File)
Check for vacations, leaves, unavailability before processing
Document reasons why an employee cannot be tested
RANDOM TEST PLANNING
9 EMPLOYEES TESTED THE FIRST QUARTER OF
2012*
*Times to send the employees selected should be
projected here according to the employee’s schedule.
RANDOM TESTING
Regulation: Random alcohol tests will occur just before, during,
or just after the employee performs safety-sensitive work.
Employees are required to proceed immediately to the collection
site upon notification of their random selection.
If the employee states that he/she cannot report for a random
test after being notified, inform the employee that this will be
considered and refusal to test, and could result in termination.
Yes, you as the employer have some discretion here, but be
aware of setting precedence.
POSITIVE TEST
Employee is immediately removed from safety sensitive
duties. Once the MRO sends you the results, you have a
confirmed positive. Contact HR, proceed with termination
(under “zero tolerance” policy).
In letter of termination, the employee must be advised of SAP
services available to them. (Should they choose to utilize
these services, the employee is responsible for the cost, as
they will be terminated. Contact HR if there is a question on
benefits.)
Ask your HR department to give you formatted language
for a substance related termination.
POSITIVE TEST
(Scenario)
An employee who has tested positive is contacted by the MRO
and the MRO has issued a positive result. The employee
insists that the split sample be tested.
Your Question:
The employee has a right to have the split test conducted.
What do I do with this employee until the split results are
determined?
POSITIVE TEST
You still have a “POSITIVE” test result. Process it for what it is.
Questions: Has it been over 72 hours since the MRO spoke to
the employee?
Did the employee make the request to the MRO during the
conversation?
From the regulations:
§40.171 How does an employee request a test of a split
specimen?
(a) As an employee, when the MRO has notified you
that you have a verified positive drug test or refusal to test
because of adulteration or substitution, you have 72 hours from
the time of notification to request a test of the split specimen.
The request may be verbal or in writing.
POSITIVE TEST
Contact your TPA, and inform them that the employee is
requesting the split specimen be tested. Have the COC
number and all identifying information ready for the TPA.
(a) As the employer, you are responsible for making sure
(e.g., by establishing appropriate accounts with laboratories
for testing split specimens) that the MRO, first laboratory, and
second laboratory perform the functions noted in 40.175 40.185 in a timely manner, once the employee has made a
timely request for a test of the split specimen.
(b) As the employer, you must not condition your
compliance with these requirements on the employee's direct
payment to the MRO or laboratory or the employee's
agreement to reimburse you for the costs of testing. For
example, if you ask the employee to pay for some or all of the
cost of testing the split specimen, and the employee is
unwilling or unable to do so, you must ensure that the test
takes place in a timely manner, even though this means that
you pay for it.
POSITIVE TEST
(c) As the employer, you may seek payment or
reimbursement of all or part of the cost of the split specimen
from the employee (e.g., through your written company
policy or a collective bargaining agreement). This part
(regulation) takes no position on who ultimately pays the
cost of the test, so long as the employer ensures that the
testing is conducted as required and the results released
appropriately.
RECORD KEEPING
INSPECTABLE ITEMS
RECORDS MAINTAINED FOR ONE (1) YEAR:
1. Records of Verified Negative Drug Test Results
2. Keolis copy of custody and control forms
RECORDS MAINTAINED FOR TWO (2) YEARS:
1. Records Related to the Collection Process
2. Education and Training Records
RECORD KEEPING
INSPECTABLE ITEMS
RECORDS MAINTAINED FOR THREE (3) YEARS
Information from previous employers concerning drug and
alcohol test results
RECORDS MAINTAINED FOR FIVE (5) YEARS:
1. Records of Covered Employee Verified Positive Drug Test
Results
2. Covered Employee Referrals to Substance Abuse
Professional for Return To Duty and Follow Up
3. Annual MIS Reports.
COLLECTION SITE PROTOCOLS
Should contain (at a minimum):
Primary/Alternate Company Contacts
Communication Methods (Fax, Phone, Email, Physical
Address)
Circumstances Requiring Authorization/Communication
TPA Contact Information
How BAT results are to be forwarded to our location
How COC copy is to be forwarded to our location
Daily “last test” time (the last time of day an employee can
be sent and expect to have at test finished before site
closes).
PRESCRIPTION MEDICATION
Prescription / Non-Prescription forms must be completed by a
Physician, Physician Assistant, Pharmacist, or Registered
Nurse. (Completed forms) must be turned in to the Substance
Abuse Program Administrator prior to the beginning of the
shift. If the Substance Abuse Program Administrator is not
available, forms must be turned in to the appropriate
Department Manager, Senior Supervisor, or Foreman on duty
Ensure the form is fully accessible to all employees.
Employees are accountable to report, but the company must
provide the form with which to do so.
What happens when no form is provided upon
reporting the medication use?
PRESCRIPTION MEDICATION
Contact our TPA/MRO if side effects of the medication are
not clearly indicated.
Employees will not be allowed to perform any safety
sensitive function until the Substance Abuse Program
Administrator or the MRO has made a determination.
Safety is first, always. Consequences can be
devastating!!
FUELERS AND UTILITY EMPLOYEES
Safety Sensitive or Not?
(1) Operating a revenue service vehicle, including when not in revenue
service;
(2) Operating a non revenue service vehicle, when required to be
operated by a holder of a Commercial Driver's License;
(3) Controlling dispatch or movement of a revenue service vehicle;
(4) Maintaining (including repairs, overhaul and rebuilding) a revenue
service vehicle or equipment used in revenue service.
POLICY
Give out copies or not?
655.15 – Policy Statement Content
The local governing board of the employer or operator shall adopt
an anti-drug and alcohol misuse policy statement. The statement
must be made available to each covered employee, and shall
include the following……
655.16 Requirement to Disseminate Policy
Each employer shall provide written notice to every covered
employee and to representatives of employee organizations of the
employer's anti-drug and alcohol misuse policies and procedures.
Open for Questions……
Thank you for all you do every day!