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

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

25.10.2013 Views

Do the records indicate that if the reasonable suspicion alcohol test was not administered within 2 hours, there is a record stating the reasons the alcohol test was not promptly administered? If a reasonable suspicion alcohol test is not administered within 8 hours, does the employer cease attempts to administer an alcohol test and state in the record the reasons for not administering the test? POST-ACCIDENT TESTING: Do the records indicate that the post-accident testing program has the following characteristics: 1) Proper observance of FTA testing thresholds; 2) Proper notification of test authority; 3) Proper use of the federal CCF; and 4) Testing completed within the required time limits or records maintained of testing efforts. Do the records indicate that the employer performs an FTA post-accident test after an accident when an individual dies, regardless of whether the operator's performance can be completely discounted as a possibly contributing factor? Do the records show that the employer conducts FTA post-accident testing after non-fatal accidents that reach an FTA post-accident testing threshold, unless the operator's performance can be completely discounted as a contributing factor to the accident? Do the records show that the employer ever conducts post-accident testing, asserting FTA authority by using a federal CCF, after an accident that does not meet an FTA post-accident threshold? Do the records indicate that the employer tests other covered employees whose performance could have contributed to a fatal or non-fatal accident? In the case of an accident that reaches an FTA post-accident testing threshold, is the employer's decision not to administer a post-accident drug and/or alcohol test documented in detail, including the decision-making process used to reach the decision not to test? If a post-accident alcohol test is not administered within 2 hours following the accident, does the employer prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered? If a post-accident alcohol test is not administered within 8 hours following the accident, does the employer cease attempts to administer an alcohol test and maintain the record? Is a covered employee who is required to be drug tested after an accident, tested as soon as practicable, but within 32 hours of the accident? If a covered employee who is subject to post-accident testing fails to remain readily available for such testing, has the employee been deemed by the employer to have refused to submit to testing? If the employer is unable to perform a post-accident test within the required timeframe and the employer uses the results of a blood, urine, or breath test conducted by federal, state, or local officials having independent authority for the test, do such tests conform to the applicable federal, state, or local testing requirements, and are the test results obtained by the employer? RANDOM TESTING: Do the records indicate that random testing has the following required characteristics: 1) Draws are made frequently enough; 2) Testing is spread reasonably; 3) Method is scientifically valid; 4) Notices are held confidentially; 5) Employees proceed immediately; and 6) Excusals are valid and recorded. Appendix K. Substance Abuse Management Oversight Questionnaires K-12 August 2002

Has the employer met the minimum annual percentage rate for random drug testing of 50 percent of covered employees and the random alcohol testing rate of 10 percent of covered employees? Is the selection of employees for random drug and alcohol testing made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying number? Does the selection process used provide each covered employee with an equal chance of being tested each time selections are made? Are random drug and alcohol tests unpredictable - e.g., the dates for administering random tests are spread reasonably throughout the calendar year? Are random drug and alcohol tests unpredictable - e.g., the tests are conducted at all times of the day when safety sensitive functions are performed? Are random drug and alcohol tests unpredictable - e.g., the tests are conducted on all days of the week when safety sensitive functions are performed? Does each covered employee who is notified of selection for random drug or random alcohol testing proceed to the test site immediately? When employees are excused from random testing, are records of excusals maintained, and do the records indicate that excused employees were legitimately unavailable for random testing during the testing period? ACTIONS AFTER NON-NEGATIVE TEST RESULTS: Do the records indicate that the employer takes the following actions in response to nonnegative or refused drug or alcohol test results: 1) Immediate removal of the employee from safety-sensitive duties; 2) Referral to a qualified Substance Abuse Professional who is acceptable to the transit employer and reasonably available to the employee, or providing the employee with a list of qualified SAPs who are reasonably available to the employee? Does the employer require that the covered employee cease performing a safety-sensitive function immediately after receiving notice from a medical review officer (MRO) or a consortium/third party administrator (C/TPA) that a covered employee has a verified positive, adulterated or substituted drug test result? Does the employer require that the covered employee cease performing a safety-sensitive function immediately after receiving notice from a Breath Alcohol Technician (BAT) that a covered employee has a confirmed alcohol test result of 0.02 or greater? If an employer chooses to permit a covered employee to perform a safety-sensitive function within 8 hours of an alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04, does the employer retest the covered employee to ensure compliance with the provisions of Part 655.35 and ensure the covered employee does not perform safety-sensitive functions unless the confirmation alcohol test result is less than 0.02? Does the employer require that the covered employee cease performing a safety-sensitive function immediately after receiving notice that the employee has refused to submit to a required drug and alcohol test? Does the employer ensure that an employee with direct or immediate supervisory responsibility or authority over another employee does not serve as the urine collection person, breath alcohol technician, or saliva-testing technician for a drug or alcohol test of the employee? Appendix K. Substance Abuse Management Oversight Questionnaires K-13 August 2002

Has the employer met the minimum annual percentage rate for random drug testing of 50<br />

percent of covered employees and the random alcohol testing rate of 10 percent of covered<br />

employees?<br />

Is the selection of employees for random drug and alcohol testing made by a scientifically<br />

valid method, such as a random number table or a computer-based random number<br />

generator that is matched with employees' Social Security numbers, payroll identification<br />

numbers, or other comparable identifying number?<br />

Does the selection process used provide each covered employee with an equal chance of<br />

being tested each time selections are made?<br />

Are random drug and alcohol tests unpredictable - e.g., the dates for administering random<br />

tests are spread reasonably throughout the calendar year?<br />

Are random drug and alcohol tests unpredictable - e.g., the tests are conducted at all times of<br />

the day when safety sensitive functions are performed?<br />

Are random drug and alcohol tests unpredictable - e.g., the tests are conducted on all days of<br />

the week when safety sensitive functions are performed?<br />

Does each covered employee who is notified of selection for random drug or random alcohol<br />

testing proceed to the test site immediately?<br />

When employees are excused from random testing, are records of excusals maintained, and<br />

do the records indicate that excused employees were legitimately unavailable for random<br />

testing during the testing period?<br />

ACTIONS AFTER NON-NEGATIVE TEST RESULTS:<br />

Do the records indicate that the employer takes the following actions in response to nonnegative<br />

or refused drug or alcohol test results:<br />

1) Immediate removal of the employee from safety-sensitive duties;<br />

2) Referral to a qualified Substance Abuse Professional who is acceptable to the transit<br />

employer and reasonably available to the employee, or providing the employee with a list of<br />

qualified SAPs who are reasonably available to the employee?<br />

Does the employer require that the covered employee cease performing a safety-sensitive<br />

function immediately after receiving notice from a medical review officer (MRO) or a<br />

consortium/third party administrator (C/TPA) that a covered employee has a verified positive,<br />

adulterated or substituted drug test result?<br />

Does the employer require that the covered employee cease performing a safety-sensitive<br />

function immediately after receiving notice from a Breath Alcohol Technician (BAT) that a<br />

covered employee has a confirmed alcohol test result of 0.02 or greater?<br />

If an employer chooses to permit a covered employee to perform a safety-sensitive function<br />

within 8 hours of an alcohol test indicating an alcohol concentration of 0.02 or greater but less<br />

than 0.04, does the employer retest the covered employee to ensure compliance with the<br />

provisions of Part 655.35 and ensure the covered employee does not perform safety-sensitive<br />

functions unless the confirmation alcohol test result is less than 0.02?<br />

Does the employer require that the covered employee cease performing a safety-sensitive<br />

function immediately after receiving notice that the employee has refused to submit to a<br />

required drug and alcohol test?<br />

Does the employer ensure that an employee with direct or immediate supervisory<br />

responsibility or authority over another employee does not serve as the urine collection<br />

person, breath alcohol technician, or saliva-testing technician for a drug or alcohol test of the<br />

employee?<br />

Appendix K. Substance Abuse Management Oversight Questionnaires<br />

K-13<br />

August 2002

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!