Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
Suggested Frequencies of Random-number Selections Random Tests Per Year Frequency of Randomnumber Selections 1-11* Quarterly 12-51 Monthly 52-364 Weekly >364 Daily * Small systems that conduct few tests per year may need to conduct more tests to ensure the testing is spread throughout the year. Once an employee is selected, the employer should schedule the collection within the testing period (i.e., week, month, quarter) and make sure the employee is not inadvertently notified of the test until it is time to proceed to the collection site. Tests should be performed evenly throughout the testing period to eliminate predictability. If the employee is off-duty or otherwise unavailable at the time the employer desires to conduct the test, the test should be postponed until the employee is on-duty, if the test can be performed during the testing period for which the number was selected. The only explanation for selecting another number and substituting a replacement for the original individual is in the rare event the originally selected employee will not work (or perform safety-sensitive duties in the case of an alcohol test) during the entire testing period. Logistical difficulties, operational requirements, or complicated personnel issues that make the testing process more difficult are not acceptable reasons for choosing a replacement. Likewise, convenience of the employer, collection facility, or mobile testing unit should not influence whom to test. Anytime the originally selected employee is not tested, the employer should document the reason for not testing and address the individual’s unavailability during the whole testing period. All safety-sensitive employees must be included in the random pool. Thus, the random pool should be purged prior to each testing period to ensure that the random process will not be compromised. All new hires and transfers into a safety-sensitive position since the last draw must be added to the pool. Similarly, all covered employees that have retired, quit, are on leave or been fired, or otherwise expected to be unavailable throughout the testing period must be removed from the pool. If the transit agency decides to randomly test non-safety-sensitive employees, those employees must be placed in a separate pool and tested under the transit agency’s authority, and not under the authority of the DOT and FTA. Once the list of employee identification numbers has been developed, use it for random selection. One way to do this is to contract out the random-number selection process. Preferably, the contractor organization would only have the numbers and would not be able to correlate them with any employee name. If an outside service agent is used for this purpose, care must be taken to ensure that the random-number draw is communicated to the Designated Employer Representative in a confidential manner. Chapter 6. Types of Testing 6-16 August 2002
In many small transit systems, every employee is considered safety-sensitive and is included in the random pool. If, as a result, the employer’s DAPM is in the random pool, someone outside of the pool must be responsible for performing the random-number selection. The transit system’s DAPM is also usually the contact person to whom the random selections are reported and who schedules the tests for all employees. However, when the DAPM’s number is randomly selected, another system employee or responsible individual (e.g., the county personnel director) should be designated as the contact. This person should schedule and notify the DAPM of the need for the test, and ensure that the test is performed immediately upon notification. The DAPM should be subject to the same level of disclosure as others that are selected for testing. Scheduling Random Tests The test dates must be spread reasonably throughout the year so as not to establish a predictable pattern (e.g., the first Tuesday of each month) (§655.45(g)). The number of tests conducted weekly, monthly, or quarterly should remain relatively constant to the extent possible reflecting seasonal variations in the employee base. Conducting all of your tests in one month, for example, does not achieve the goal of unpredictable testing. Likewise, the testing should be performed on different days of the week. Most importantly, however, random testing must be conducted at all times of the day when safety-sensitive functions are performed. This prevents employees from coordinating their drug and alcohol use to the random testing schedule. To be effective, employees should be on-notice at all times that they could be tested anytime they are on duty, day or night. If employees can predict when tests will not be performed due to employer policy, operational logistics, unavailability of collection sites, etc., the random program will be compromised. Random drug tests can be conducted at any time the employee is on duty. An employee who may be called on to perform a safety-sensitive function at any time and who is receiving pay for such time, is on duty for the purpose of random drug testing. Random alcohol tests, however, can only be conducted just before, during, or after the employee is performing safety-sensitive duties. When employees are scheduled to perform a safety-sensitive function periodically or as needed, the employee must be subject to random testing even if the occurrence is rare or sporadic. The process must be unannounced as well as unpredictable. Once the employee has been notified that he/she has been selected for testing, he/she should report immediately to the collection site. Chapter 6. Types of Testing 6-17 August 2002
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In many small transit systems, every<br />
employee is considered safety-sensitive and<br />
is included in the random pool. If, as a<br />
result, the employer’s DAPM is in the<br />
random pool, someone outside of the pool<br />
must be responsible for performing the<br />
random-number selection.<br />
The transit system’s DAPM is also<br />
usually the contact person to whom the<br />
random selections are reported and who<br />
schedules the tests for all employees.<br />
However, when the DAPM’s number is<br />
randomly selected, another system employee<br />
or responsible individual (e.g., the county<br />
personnel director) should be designated as<br />
the contact. This person should schedule and<br />
notify the DAPM of the need for the test,<br />
and ensure that the test is performed<br />
immediately upon notification. The DAPM<br />
should be subject to the same level of<br />
disclosure as others that are selected for<br />
testing.<br />
Scheduling Random Tests<br />
The test dates must be spread reasonably<br />
throughout the year so as not to establish a<br />
predictable pattern (e.g., the first Tuesday of<br />
each month) (§655.45(g)). The number of<br />
tests conducted weekly, monthly, or<br />
quarterly should remain relatively constant<br />
to the extent possible reflecting seasonal<br />
variations in the employee base.<br />
Conducting all of your tests in one month,<br />
for example, does not achieve the goal of<br />
unpredictable testing. Likewise, the testing<br />
should be performed on different days of the<br />
week.<br />
Most importantly, however, random<br />
testing must be conducted at all times of the<br />
day when safety-sensitive functions are<br />
performed. This prevents employees from<br />
coordinating their drug and alcohol use to<br />
the random testing schedule. To be<br />
effective, employees should be on-notice at<br />
all times that they could be tested anytime<br />
they are on duty, day or night. If employees<br />
can predict when tests will not be performed<br />
due to employer policy, operational<br />
logistics, unavailability of collection sites,<br />
etc., the random program will be<br />
compromised.<br />
Random drug tests can be conducted at<br />
any time the employee is on duty. An<br />
employee who may be called on to perform<br />
a safety-sensitive function at any time and<br />
who is receiving pay for such time, is on<br />
duty for the purpose of random drug testing.<br />
Random alcohol tests, however, can only be<br />
conducted just before, during, or after the<br />
employee is performing safety-sensitive<br />
duties. When employees are scheduled to<br />
perform a safety-sensitive function<br />
periodically or as needed, the employee<br />
must be subject to random testing even if the<br />
occurrence is rare or sporadic.<br />
The process must be unannounced as<br />
well as unpredictable. Once the employee<br />
has been notified that he/she has been<br />
selected for testing, he/she should report<br />
immediately to the collection site.<br />
Chapter 6. Types of Testing 6-17 August 2002