Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
EMPLOYEE AND SUPERVISOR TRAINING: Do the records indicate that the employer complies with the employee and supervisor education and training requirements, including: 1) Displaying and distributing drug and alcohol informational material? 2) Providing and documenting 60 minutes of employee drug awareness training? 3) Providing and documenting 120 minutes of supervisor reasonable suspicion drug and alcohol training? 4) Not requiring employees to sign drug and alcohol testing consent forms, except the required "prior employer" records release forms? Does the employer display and distribute informational material and a community service hotline telephone number for employee assistance, if available? Do employees receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use? Do supervisors and/or other company officers authorized by the employer to make reasonable suspicion determinations receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse? Does the employer require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by Part 40 (including, but not limited to, collections, laboratory testing, and MRO and SAP services)? After August 1, 2001, does the employer check the prior drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties, including employees transferring to safety-sensitive positions after that date? After August 1, 2001, does the employer obtain specific consent from the applicant or employee to obtain information about prior DOT drug and alcohol test records from all DOTregulated employers who employed the individual within the 2 years previous to the date of the application or transfer? Does the employer maintain a record of having transmitted this information request and consent to each of the employers from whom they have requested information? Is the authorization for the release of information transmitted in written form (e.g., fax, e-mail, letter) and does this form ensure confidentiality? Does the employer request the following information from DOT-regulated employers who have employed the employee during any period during the 2 years before the date of the employee's application or transfer: (1) Alcohol tests with a result of 0. 04 or higher alcohol concentration; (2) Verified positive drug tests; (3) Refusals to be tested (including verified adulterated or substituted drug test results); (4) Other violations of DOT agency drug and alcohol testing regulations; and (5) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee's successful completion of DOT return-to-duty requirements (including follow-up tests)? If the employer obtains information that the employee has violated a DOT agency drug and alcohol regulation, does the employer refrain from using the employee to perform safetysensitive functions unless the employer also obtains information that the employee has subsequently complied with the return-to-duty requirements of Subpart O of this part, and DOT agency drug and alcohol regulations? Appendix K. Substance Abuse Management Oversight Questionnaires K-10 August 2002
If the information requested is not received from all identified DOT-regulated employers within 30 days after the employee first performed safety-sensitive duties, do the records indicate that the employer has made a good faith effort to obtain this information or that the employer removes the employee from safety-sensitive duties until the information is received? Does the employer also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past 2 years? Does the auditor observe that the transit system promptly provides the requested drug and alcohol testing information to a prospective employer upon receipt of a proper information request and consent form, and that the transit system maintains its copy of the information and request form and a copy of the summary of the information it provided? PRE-EMPLOYMENT TESTING: Does the auditor observe that the pre-employment testing program has the following characteristics: 1) Notification of FTA authority; 2) Verified negative result is received before the employee performs a safety-sensitive duty (or is hired if the transit system continues with the previous policy); 3) Cancelled tests, if any, must be retaken and passed before the employee performs a safety-sensitive duty (or is placed on the payroll); and 4) No more than 90 days between the pre-employment test and the date the employee becomes subject to random testing. Does the employer, before performing a pre-employment drug or alcohol test under Part 655, notify the covered employee that the test is required under Part 655? Does an employee or applicant, before performing a safety-sensitive function for the first time, take a pre-employment drug test with a verified negative test result? Do the records indicate that no more than 90 days elapse between the receipt of the negative pre-employment test and the date the employee first performs a safety-sensitive duty and is placed into the random testing pool? Do the records indicate that, if a pre-employment drug test is cancelled, the employer requires the covered employee to take another pre-employment drug test administered under this part with a verified negative result? Does the employer ensure that an employee is not transferred from a non-safety sensitive function to a safety-sensitive function until the employee takes a pre-employment drug test with a verified negative result? If the employer chooses to conduct pre-employment alcohol testing, does the employer conduct all pre-employment alcohol tests using the alcohol testing procedures set forth in 49 CFR Part 40? REASONABLE SUSPICION TESTING: Do the reasonable suspicion testing records indicate that test results were properly ordered by trained supervisors? Do the records indicate that the employer's determination that reasonable suspicion exists was based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee? Do the records indicate that supervisor(s) ordered the reasonable suspicion test, or other company official(s) trained in detecting the signs and symptoms of drug use and alcohol misuse? Appendix K. Substance Abuse Management Oversight Questionnaires K-11 August 2002
- Page 591 and 592: TABLE OF CONTENTS INTRODUCTION ....
- Page 593 and 594: egulations that have been made sinc
- Page 595 and 596: The behaviors that are prohibited b
- Page 597 and 598: ⎯ An individual who refuses to su
- Page 599 and 600: Have employees been notified that p
- Page 601 and 602: ⎯ Add a bluing agent to the toile
- Page 603 and 604: Are employees who are subject to te
- Page 605 and 606: LABORATORY TESTING Are all drug tes
- Page 607 and 608: ⎯ Direct the analysis of the spli
- Page 609 and 610: Is only one test conducted at a tim
- Page 611 and 612: Does the BAT notify the employer’
- Page 613 and 614: Does the SAP evaluate whether a saf
- Page 615 and 616: ADMINISTRATIVE REQUIREMENTS If a pr
- Page 617 and 618: Are procedures in place to have emp
- Page 619 and 620: hours following the accident, the e
- Page 621 and 622: Are random numbers substituted only
- Page 623 and 624: Are employees that are subject to f
- Page 625 and 626: OTHER TRAINING Consistent with the
- Page 627 and 628: ♦ Documents presented by a covere
- Page 629 and 630: CERTIFICATION ♦ Each year transit
- Page 631 and 632: A R DMINISTRATIVE EQUIREMENTS Do th
- Page 633 and 634: DRUG AND ALCOHOL POLICY REVIEW QUES
- Page 635 and 636: Meeting FTA thresholds; Meeting dru
- Page 637 and 638: CONSEQUENCES OF A FAILED OR REFUSED
- Page 639 and 640: How much notice is given to the emp
- Page 641: RECORDS MANAGEMENT QUESTIONNAIRE AP
- Page 645 and 646: Has the employer met the minimum an
- Page 647 and 648: Do the records indicate that any dr
- Page 649 and 650: Does the employer utilize the stand
- Page 651 and 652: If tests are cancelled because of a
- Page 653 and 654: If you conducted the initial test,
- Page 655 and 656: SALIVA TEST TECHNICIAN QUESTIONNAIR
- Page 657 and 658: MEDICAL REVIEW OFFICER (MRO) QUESTI
- Page 659 and 660: What action would you take if the s
- Page 661 and 662: • • • As the SAP, can you sub
- Page 663: Do you assist your members in any w
If the information requested is not received from all identified DOT-regulated employers within<br />
30 days after the employee first performed safety-sensitive duties, do the records indicate that<br />
the employer has made a good faith effort to obtain this information or that the employer<br />
removes the employee from safety-sensitive duties until the information is received?<br />
Does the employer also ask the employee whether he or she has tested positive, or refused<br />
to test, on any pre-employment drug or alcohol test administered by an employer to which the<br />
employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT<br />
agency drug and alcohol testing rules during the past 2 years?<br />
Does the auditor observe that the transit system promptly provides the requested drug and<br />
alcohol testing information to a prospective employer upon receipt of a proper information<br />
request and consent form, and that the transit system maintains its copy of the information<br />
and request form and a copy of the summary of the information it provided?<br />
PRE-EMPLOYMENT TESTING:<br />
Does the auditor observe that the pre-employment testing program has the following<br />
characteristics:<br />
1) Notification of FTA authority;<br />
2) Verified negative result is received before the employee performs a safety-sensitive duty<br />
(or is hired if the transit system continues with the previous policy);<br />
3) Cancelled tests, if any, must be retaken and passed before the employee performs a<br />
safety-sensitive duty (or is placed on the payroll); and<br />
4) No more than 90 days between the pre-employment test and the date the employee<br />
becomes subject to random testing.<br />
Does the employer, before performing a pre-employment drug or alcohol test under Part 655,<br />
notify the covered employee that the test is required under Part 655?<br />
Does an employee or applicant, before performing a safety-sensitive function for the first time,<br />
take a pre-employment drug test with a verified negative test result?<br />
Do the records indicate that no more than 90 days elapse between the receipt of the negative<br />
pre-employment test and the date the employee first performs a safety-sensitive duty and is<br />
placed into the random testing pool?<br />
Do the records indicate that, if a pre-employment drug test is cancelled, the employer requires<br />
the covered employee to take another pre-employment drug test administered under this part<br />
with a verified negative result?<br />
Does the employer ensure that an employee is not transferred from a non-safety sensitive<br />
function to a safety-sensitive function until the employee takes a pre-employment drug test<br />
with a verified negative result?<br />
If the employer chooses to conduct pre-employment alcohol testing, does the employer<br />
conduct all pre-employment alcohol tests using the alcohol testing procedures set forth in 49<br />
CFR Part 40?<br />
REASONABLE SUSPICION TESTING:<br />
Do the reasonable suspicion testing records indicate that test results were properly ordered<br />
by trained supervisors?<br />
Do the records indicate that the employer's determination that reasonable suspicion exists<br />
was based on specific, contemporaneous, articulable observations concerning the<br />
appearance, behavior, speech, or body odors of the covered employee?<br />
Do the records indicate that supervisor(s) ordered the reasonable suspicion test, or other<br />
company official(s) trained in detecting the signs and symptoms of drug use and alcohol<br />
misuse?<br />
Appendix K. Substance Abuse Management Oversight Questionnaires<br />
K-11<br />
August 2002