Implementation Guidelines - Federal Transit Administration - U.S. ...

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Section 1. SAP QUALIFICATIONS A substance abuse professional (SAP) must have the following credentials [§40.281]: (1) An SAP must be a licensed physician (Doctor of Medicine or Doctor of Osteopathy); or a licensed or certified psychologist; a licensed or certified social worker; or a licensed or certified employee assistance professional; or an alcohol and drug abuse counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC), or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC). (2) The SAP must have knowledge of and clinical experience in the diagnosis and treatment of substance abuse-related disorders, and must have knowledge of the SAP’s role in the protection of public safety. The SAP must be well informed about Part 40 and the pertinent DOT agency (i.e., FTA) regulations. Every SAP must have his/her own copy of The Substance Abuse Professional <strong>Guidelines</strong> published by the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) in August 2001, and must be aware of any significant changes to the regulations and/or <strong>Guidelines</strong>. Chapter 9. Substance Abuse Professionals, Rehabilitation, and Treatment (3) In addition, SAPs must complete qualifications training. SAPs currently practicing have until December 31, 2003 to obtain the training, whereas individuals wishing to begin SAP practice after December 31, 2003 must meet the training requirement before performing SAP functions. Please refer to Chapter 5 for information on qualification training. (4) Following the qualifications training, the individual must satisfactorily complete an examination that is given by a nationally recognized professional or training organization. The examination must cover all elements discussed in the qualifications training, and the test must be validated by a test evaluation organization. (5) SAPs must also successfully complete 12 hours of professional development training or Continuing Education Units (CEU) every 3 years following the completion of the initial qualifications training. The CEUs must be relevant to the performance of SAP duties and include materials concerning new technologies, interpretations, recent guidance, rule changes, and other SAP issues. A primary SAP should be selected who will be responsible for providing services to your employees. This professional should be encouraged to learn about your operations and the safety-sensitive functions that your employees perform. Such 9-2 August 2002
knowledge will be a major asset when assessing the needs of your employees and their ability to perform safety-sensitive duties. Backup SAPs should also be selected to provide assessments when the primary SAP is not available. MROs, other physicians, community mental health centers, Employee Assistance Programs (EAP), universities, private practitioners, and trade associations may provide you with a list of possible SAPs in your area. Section 2. SAP ROLES AND RESPONSIBILITIES Any time an employee or applicant tests positive for drugs or alcohol, or refuses a test, the employer is required to immediately remove the individual from safety-sensitive duties and make an SAP referral. Additional consequences are left to the discretion of the individual employer. Some employers provide a second chance, while others adhere to a zero-tolerance policy and discharge the employee. The role of the SAP varies depending on if the employee is terminated or allowed to return to duty. Employers that have zero-tolerance policies (i.e., first positive results in termination) must provide the employees a list of SAPs that are readily available with names, addresses, and telephone numbers [§40.287]. Applicants who test positive or Chapter 9. Substance Abuse Professionals, Rehabilitation, and Treatment refuse a test must also be provided a SAP list. Employers with zero-tolerance policies are not required to provide a SAP evaluation or any subsequent recommended education or treatment. The employer is only required to make a referral to a qualified SAP. If the individual chooses to make an appointment and follow through with the assessment and subsequent treatment, he/she does so on their own at their own expense, and without any participation by the employer. Employers with second chance policies, however, must provide a SAP list and ensure that employees have completed the SAP evaluation, referral, education/treatment, and return-to-duty process before the individual can be allowed to perform safety-sensitive job duties [§40.291]. Who pays for SAP evaluations and services is up to employer discretion, and is not dictated by the regulation. In some cases, SAP assessments are covered under health care benefits. The decision of who pays is also open to collective bargaining. When an employee is referred to a SAP, the SAP must carry out the responsibilities defined in Subpart O of Part 40. Initial SAP Evaluation [§40.293]. Make a comprehensive face-to-face assessment and clinical evaluation to determine what level of assistance the employee needs in resolving problems associated with alcohol use or prohibited drug use. The evaluation should be comprised of a standard psychosocial history, an in-depth drug and alcohol use history, and current mental status. The evaluation should provide a diagnosis, treatment recommendations, and a treatment plan that must be followed by the employee. 9-3 August 2002
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October 2009 Implementation Guideli
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Notice This document is disseminate
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METRIC/ENGLISH CONVERSION FACTORS E
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Table of Contents Chapter 1. INTROD
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Table of Contents (continued) Secti
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Chapter 1. INTRODUCTION Section 1.
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Transit employers may go beyond the
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Recommendation: Know the Regulation
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Sample Documentation Chapter 1. Int
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DHHS-Certified Laboratories, Center
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FTA Drug and Alcohol Management Inf
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Research And Special Programs Admin
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employment in safety-sensitive posi
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What happens in these cases? The pu
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Section 3. SAFETY-SENSITIVE • Ope
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performing the volunteer service ar
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Safety-sensitive Examples of Nation
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• A description of the consequenc
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projects, the employer should notif
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Sample Documentation Chapter 2. Reg
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Certification of Compliance for FTA
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4. Atlanta Federal Center Suite 17T
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1. Liability of Service Agents Yasu
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plaintiffs agreed that their positi
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FTA and FMCSA Regulatory Comparison
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FTA and FMCSA Regulatory Comparison
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process ensures that all critical c
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Chapter 3. Program Formulation 3-4
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Chapter 4. POLICY DEVELOPMENT AND C
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concentration of 0.04 or greater th
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has a confirmed alcohol concentrati
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MRO before the employer is notified
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policy with the requirement to form
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Do not assume that your contractors
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PRE-EMPLOYMENT DRUG TESTING NOTIFIC
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Sample Program Notification Letter
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authorized by the employer to make
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The 60 minutes of awareness trainin
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medications which could result in p
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employees who have problems with pr
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particular alcohol testing device t
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emain current with the regulations
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− Changes in Rules, Guidance and
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Exhibit 5-1 Summary of Education an
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Exhibit 5-3 Typical Agenda for Supe
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Exhibit 5-4 REASONABLE SUSPICION TR
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Chapter 6. TYPES OF TESTING Six typ
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Previous DOT Employer Record Check
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the “insufficient volume” proce
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for employees what is meant by on-d
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Nonfatal accidents involving a bus,
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Testing for drugs and alcohol follo
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iases in the process. To be conside
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1. Determine how frequently random
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In many small transit systems, ever
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Before making the return-to-duty re
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up testing program. The SAP must do
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Employee Discharged BAC >= 0.04 Con
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Employee Discharged Split Specimen
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Sample Documentation Chapter 6. Typ
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1) Accident Report Number: 2) Locat
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Chapter 7. DRUG TESTING PROCEDURES
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Recommendation Multiple Collection
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spouse, relative) or a close person
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The DOT requires the new version of
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9. The collector must direct the em
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evening contact telephone numbers i
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temperature range (90.0 to 100.0 F)
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publishes its final rule establishi
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for the preceding 6 months ending o
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Chapter 7. Drug Testing Procedures
Page 143 and 144: • The MRO will verify the test re
Page 145 and 146: The MRO may change a verified test
Page 147 and 148: direct the DER to have the employee
Page 149 and 150: employee for a retest under direct
Page 151 and 152: Sample Documentation Chapter 7. Dru
Page 153 and 154: Collection Site Checklist (cont.) (
Page 155 and 156: 12. You may now wash your hands and
Page 162 and 163: Privacy Act Statement: (For Federal
Page 164 and 165: than an EBT, that is approved by th
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Page 168 and 169: availability and the need for backu
Page 170 and 171: At the conclusion of the screen tes
Page 172 and 173: sufficient amount of breath. A medi
Page 174 and 175: In addition to stipulating the cons
Page 176 and 177: Sample Documentation Chapter 8. Alc
Page 178 and 179: [Federal Register: May 4, 2001 (Vol
Page 180 and 181: The Conforming Products List is the
Page 182 and 183: Highway Safety Programs; Model Spec
Page 184 and 185: 45420 Federal Register / Vol. 65, N
Page 186 and 187: 45422 Federal Register / Vol. 65, N
Page 188: U.S. Department of Transportation (
Page 196 and 197: Education/Treatment Program Referra
Page 198 and 199: Employers are not required to follo
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Page 202 and 203: 10 weeks, with most sessions schedu
Page 204 and 205: _____________________________ _____
Page 206 and 207: FOLLOW-UP TESTING PROCESS SAP Input
Page 208 and 209: Alcohol Test Results
Page 210 and 211: when the applicant was assigned saf
Page 212 and 213: may arrange to have the consortium
Page 214 and 215: • Employers and service agents sh
Page 216 and 217: The list of randomly selected trans
Page 218 and 219: A. At a Nonprofit Agency or Indepen
Page 220 and 221: Reporting Period: Laboratory Name a
Page 222 and 223: Record Retention Checklists (page 2
Page 224 and 225: Retains CCF1 Split Lab - CCF1 Labor
Page 226 and 227: CCF1 Split Lab Retains - CCF1 Labor
Page 228 and 229: U.S. DEPARTMENT OF TRANSPORTATION D
Page 230 and 231: Chapter 11. CONSORTIA AND THIRD PAR
Page 232 and 233: Greater Expertise. The FTA and DOT
Page 234 and 235: Section 2. CONSIDERATIONS IN ESTABL
Page 236 and 237: esults (≥0.02) between the BAT an
Page 238 and 239: consideration. Thus, the more diver
Page 240 and 241: Section 5. IS A CONSORTIUM RIGHT FO
Page 242 and 243: • Procurement of testing services
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• Consider which consortium model
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Exhibit 11-1 Role of State DOTs in
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Exhibit 11-3 CONSORTIA RESPONSIBILI
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Chapter 12. PROGRAM MONITORING As a
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• Conduct periodic review of serv
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compliance. You are encouraged to c
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Chapter 13. THE DRUG-FREE WORKPLACE
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Violations of the act may result in
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Exhibit 13-1 DRUG-FREE WORKPLACE AC
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Chapter 14. SUBSTANCE ABUSE MANAGEM
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Notification of audit Requested mat
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them to move throughout the facilit
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above materials. ⎯⎯Procedures t
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DAY 3 Time Activity Team Address of
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Date of Collection Jan-01 Nov-00 Se
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Time of the Test Time of the Test 8
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Each auditor will discuss the porti
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Sample Re-audit Agenda DAY 1 Time A
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Index of Appendices Appendix A. Acr
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AA Alcoholics Anonymous Appendix A.
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RFP Request for Proposal RIA Radio
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Newsletters Appendix B. Additional
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U.S. Department of Labor. What Work
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Other Government Web sites Drug and
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Appendix C Americans with Disabilit
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sensitive duties for the illegal us
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If the individual is qualified and
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allegation of discrimination under
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Appendix D. Certified Laboratories
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DrugProof, Divison of Dynacare 543
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One Source Toxicology Laboratory, I
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The following laboratories are volu
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Federal Register / Vol. 65, No. 141
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Appendix F. Fact Sheets Drug Detect
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Social Issues • Two-thirds of all
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• The euphoric stimulation increa
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• Paranoia • Profuse sweating a
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connection between marijuana smokin
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Opiates (Narcotics) Fact Sheet Opia
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Phencyclidine (PCP) Fact Sheet Phen
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Appendix G Questions and Answers
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ecipient, and someone other than th
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Q. Can transit operators receive wa
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Q. If an employee changed jobs prio
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Q. How much training are employers
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acceptable for the company-required
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Q. In a post-accident situation req
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employees and 50 non-DOT employees,
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Q: What actual address is required
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Q: Can a split specimen be sent to
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actual employee of the employer may
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Q: Must collectors, BATs, STTs, MRO
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an observer, or a monitor for co-wo
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Q: If a collector makes an error on
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Appendix H Terms and Definitions
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indirectly, one controls or has the
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Confirmation validity test Confirme
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These terms include any designee of
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Medical Review Officer (MRO) A pers
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Random test Reason to believe Reaso
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Safety-sensitive function Any of th
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trolley bus, or vessel. A “mass t
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49 CFR Part 40 Updated August 31, 2
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§ 40.89 What is validity testing,
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Page 4 of 100 § 40.287 What inform
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Page 6 of 100 Subpart A - Administr
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Page 8 of 100 Medical Review Office
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Page 10 of 100 § 40.17 Is an emplo
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Page 12 of 100 (b) You must request
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Page 14 of 100 (4) The collector's
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Page 16 of 100 (1) To avoid distrac
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Page 18 of 100 (f) Direct the emplo
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Page 20 of 100 (g) As the collector
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Page 22 of 100 participate in the D
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Page 24 of 100 (b) You must determi
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Page 26 of 100 (d) If you have not
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Page 28 of 100 December 31 of the p
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Page 30 of 100 (a) Review Copy 2 of
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Page 32 of 100 (1) As the DER, you
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Page 34 of 100 (i) Recent needle tr
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Page 36 of 100 (2) If you receive i
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Page 38 of 100 (iii) If a negative
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Page 40 of 100 (6) Result of the te
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Page 42 of 100 (d) When you receive
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Page 44 of 100 (1) Report that the
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Page 46 of 100 (2) There is not an
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Page 48 of 100 (c) The laboratory r
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Page 50 of 100 (6) The failure to d
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Page 52 of 100 partially meets thes
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Page 54 of 100 (c) As the user of t
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Page 56 of 100 (vi) You must then d
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Page 58 of 100 (i) You may transmit
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Page 60 of 100 (b) In the case of a
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Page 62 of 100 (iii) Key DOT drug t
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Page 64 of 100 § 40.295 May employ
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Page 66 of 100 (e) The requirements
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Page 68 of 100 accident drug test r
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Page 70 of 100 § 40.343 What tasks
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Page 72 of 100 and follow-up testin
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Page 74 of 100 (b) In exercising th
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Page 76 of 100 resubmit the matter
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Page 78 of 100 § 40.397 When does
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Appendix A to Part 40 - DOT Standar
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Appendix C to Part 40-DOT Drug Test
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Page 84 of 100 Appendix E to Part 4
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Appendix G to Part 40—Alcohol Tes
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Page 88 of 100
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Page 90 of 100
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I. Employer: Company Name: Page 92
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Page 94 of 100 The following form a
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Section III. Drug Testing Data Page
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Page 98 of 100 TIP ~ Even though so
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Page 100 of 100 Finally, additional
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43946 Federal Register / Vol. 68, N
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49 CFR Part 655
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2 Electronic access to this rule an
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duty and follow-up testing under sp
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When the drug and alcohol rules ini
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the consequences for prohibited dru
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Labor unions: 3 Trade associations:
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FTA Response. FTA opts not to inclu
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Since each employer uses its own te
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Most of the commenters to this sect
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themselves that employees can succe
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Several commenters responding to th
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service providers and the employer.
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esponsibility of FTA transit funds
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26 Federalism assessment. However,
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Part 655 - Prevention of Alcohol Mi
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655.52 Substance abuse professional
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(b) This part must be read in conju
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(2) The volunteer performs a safety
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Refuse to submit means any circumst
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An employer must have an anti-drug
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part. (c) Specific information conc
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(5) Phencyclidine. (c) Consumption
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concentration less than 0.04. This
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§655.43 Reasonable suspicion testi
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48 the reasons the alcohol test was
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(c) Rates for drug testing. (1) Whe
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annual percentage rate under this p
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(a) Each employer shall require a c
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56 for evaluating and resolving pro
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qualifying the supervisors to make
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60 (12) Number of covered employees
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post-accident alcohol test indicati
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equired to be maintained by this pa
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(b) A certification must be authori
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Drug-Free Workplace Act
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TABLE OF CONTENTS INTRODUCTION ....
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egulations that have been made sinc
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The behaviors that are prohibited b
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⎯ An individual who refuses to su
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Have employees been notified that p
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⎯ Add a bluing agent to the toile
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Are employees who are subject to te
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LABORATORY TESTING Are all drug tes
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⎯ Direct the analysis of the spli
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Is only one test conducted at a tim
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Does the BAT notify the employer’
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Does the SAP evaluate whether a saf
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ADMINISTRATIVE REQUIREMENTS If a pr
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Are procedures in place to have emp
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hours following the accident, the e
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Are random numbers substituted only
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Are employees that are subject to f
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OTHER TRAINING Consistent with the
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♦ Documents presented by a covere
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CERTIFICATION ♦ Each year transit
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A R DMINISTRATIVE EQUIREMENTS Do th
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DRUG AND ALCOHOL POLICY REVIEW QUES
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Meeting FTA thresholds; Meeting dru
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CONSEQUENCES OF A FAILED OR REFUSED
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How much notice is given to the emp
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RECORDS MANAGEMENT QUESTIONNAIRE AP
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If the information requested is not
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Has the employer met the minimum an
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Do the records indicate that any dr
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Does the employer utilize the stand
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If tests are cancelled because of a
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If you conducted the initial test,
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SALIVA TEST TECHNICIAN QUESTIONNAIR
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MEDICAL REVIEW OFFICER (MRO) QUESTI
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What action would you take if the s
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• • • As the SAP, can you sub
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Do you assist your members in any w
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