fapt oteta presentation.ppt

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

[email protected]
mailto:[email protected]:[email protected]

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