What Employers Need To Know About DOT Drug and Alcohol Testing

More documents

Recommendations

Info

Appendix A – Company DOT Testing Policy Requirements The DOT Agencies and USCG require employers to have written policies for their DOT testing programs. At a minimum, these policies must contain specific information required by the appropriate DOT Agency or USCG. Your policies must clearly delineate between the items and actions which are required by DOT and which are required by the company or employer. Here is a listing of DOT Agency and USCG requirements and where you can find them in the regulations. DOT Agency FMCSA Policy Requirements 49 CFR Part 382.601(b) – A company’s DOT policy must contain the following: 1. The identity of the person designated by the employer to answer driver questions about the materials. 2. The categories of drivers who are subject to the provisions of this part. 3. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance. 4. Specific information concerning driver conduct that is prohibited by Part 382. 5. The circumstances under which a driver will be tested for alcohol and/or controlled substances under this part, including post-accident testing under §382.303(d). 6. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures and instructions required by §382.303(d). 7. The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with Part 382. 8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences. 9. The consequences for drivers found to have violated subpart B of this part, including the requirement that the driver be removed immediately from safety-sensitive functions, and the procedures under Part 40, Subpart O. 10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04. 11. Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a co-worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and or referral to management. This FMCSA website has suggestions and a checklist for motor carrier policy development: http://www.fmcsa.dot.gov/safety-security/safety-initiatives/drugs/chap03.htm What Employers Need to Know About DOT Drug and Alcohol Testing – October 1, 2010 38
DOT Agency FAA Policy Requirements 14 CFR Part 120 – Employers must have a policy on drug use in the workplace and an alcohol misuse policy. 120.115(b)(2) Policy on Drug Use in the Workplace The employer's policy on drug use in the workplace shall include information regarding the consequences under the rule of: 1. Using drugs while performing safety-sensitive functions. 2. Receiving a verified positive drug test result. 3. Refusing to submit to a drug test required under the rule. 120.223(a) Alcohol Misuse Policy The employer’s policy on alcohol misuse must include a detailed discussion of at least the following: 1. The identity of the person designated by the employer to answer employee questions about the materials. 2. The categories of employees who are subject to the provisions of these alcohol testing requirements. 3. Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with these alcohol testing requirements. 4. Specific information concerning employee conduct that is prohibited by this chapter. 5. The circumstances under which a covered employee will be tested for alcohol under this subpart. 6. The procedures that will be used to test for the presence of alcohol, protect the employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee. 7. The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart. 8. An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences. 9. The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR Part 40, subpart O. 10. The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04. 11. Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem; and available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management. Optional provisions. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the employer's authority independent of this subpart. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority. What Employers Need to Know About DOT Drug and Alcohol Testing – October 1, 2010 39
Page 1 and 2: U.S. Department of Transportation O
Page 3 and 4: Table of Contents Page What Employe
Page 5 and 6: DOT Guidance and Best Practices Ove
Page 7 and 8: What is 49 CFR Part 40 and how is i
Page 9 and 10: Section III. Program Policies and A
Page 11 and 12: Section IV. Selecting Service Agent
Page 13 and 14: Type of Service Agent Substance Abu
Page 15 and 16: Section VI. Drug and Alcohol Testin
Page 17 and 18: RANDOM Random tests are the key par
Page 19 and 20: You can find the DOT Agency and USC
Page 21 and 22: For pre-employment and return-to-du
Page 23 and 24: Section VII. Employer Actions When
Page 25 and 26: Also, the consent cannot be part of
Page 27 and 28: Event Fail to undergo a medical exa
Page 29 and 30: Event Fail to sign the certificatio
Page 31 and 32: Schedule Three Years Two Years One
Page 33 and 34: DOT Agency FTA PHMSA USCG MIS Submi
Page 35 and 36: Example Your laboratory report show
Page 37: Check out Appendix G. It highlights
Page 41 and 42: DOT Agency FRA [2 of 5 sections] 21
Page 43 and 44: DOT Agency FRA [4 of 5 sections] 21
Page 45 and 46: DOT Agency FTA Policy Requirements
Page 47 and 48: DOT Agency USCG Policy Requirements
Page 49 and 50: Appendix C - Selecting Service Agen
Page 51 and 52: important to you. If you have Spani
Page 53 and 54: Appendix D - Post Accident Testing
Page 55 and 56: DOT Agency FTA PHMSA Regulation 49
Page 57 and 58: Appendix E - Prior Testing History
Page 59 and 60: Appendix G - Audit/Inspection/Inves
Page 61: What Employers Need To Know About D

What Employers Need To Know About DOT Drug and Alcohol Testing

Create successful ePaper yourself

Delete template?

Save as template?