Drug and Alcohol Policy Requirements Checklist
Designated contact person, board adoption
- ? Identity of the person, office, branch or position designated by the employer to answer employee questions about the anti-drug and alcohol misuse prevention program
- ? Approval/adoption by the local governing board of the employer or operator, or other responsible individual with appropriate authority
Covered Employees
- ? Operation of a revenue service vehicle, in or out of revenue service
- ? Maintaining a revenue service vehicle or equipment used in revenue service
- ? Controlling dispatch/movement of a revenue service vehicle (determined by employer)
- ? Operation of a non-revenue vehicle requiring a CDL
- ? Volunteers:
- Must have CDL to drive vehicle, or
- Remunerated for service in excess of costs incurred
- ? Carrying a firearm for security purposes
*The policy must include a list of the actual positions/categories covered at your company
Prohibited Substances
- ? Marijuana
- ? Cocaine
- ? Amphetamines
- ? Opiates
- ? Phencyclidine
- ? Alcohol
Prohibited behavior
- ? Use of illegal drugs prohibited at all times
- ? Alcohol use prohibited 4 hours prior to performing safety-sensitive functions, while on call, and while performing safety-sensitive functions
- ? Alcohol use prohibited 8 hours after accident or until Post Accident test is performed
- ? Employees are prohibited from performing safety-sensitive functions while having an alcohol concentration of 0.04 or greater
Pre-employment
- ? Negative test before 1st safety-sensitive duty, must be made up if canceled
- ? If out of safety-sensitive duty for 90+ days, and out of random testing pool, emp needs DOT pre-employment test with negative result prior to returning to covered duty
- ? Applicant who previously failed/refused a DOT test must show evidence of treatment
- ? If employer chooses to require alcohol test:
- pre- SS duty,
- all covered employees
- after offer of employment/transfer
- must follow Part 40 regulations
- BAC < 0.02
Random
- ? Scientifically valid selection method
- ? Equal chance of selection on each draw
- ? No discretion on the part of management/supervisors
- ? Testing is conducted on all days and hours throughout the year
- ? Unannounced and immediate
- ? Alcohol testing only permissible just before/ during/just after actual performance of safety-sensitive functions
Post-accident
FTA Thresholds:
- ? Fatality
- ? Medical treatment away from scene, unless driver discounted
- ? Disabling damage, unless driver discounted
- ? All other covered employees whose performance could have contributed to the accident
- ? Readily available (or considered a refusal to test)
- ? Readily available (testing is stayed while employee assists in resolution of the accident or receives medical attention following the accident)
Reasonable Suspicion
- ? Trained supervisor
- ? Physical signs & symptoms, contemporaneous observation
- ? Alcohol testing only permissible just before/during/just after SS duty
Return-to-duty and Follow-up
- ? Conducted in accordance with Part 40, subpart O
- ? All tests conducted under direct observation
- ? Follow-up alcohol testing only permissible just before/ during/just after actual performance of safety-sensitive functions
Procedures
- ? Policy states all FTA-required testing conducted in accordance w/ 49 CFR Part 40
Requirement to Submit
- ? All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655
Period of Coverage
- ? Drug test - anytime on while on duty
- ? Alcohol test (random, reasonable suspicion, and follow-up) - Just before, during, or immediately after actual performance of safety-sensitive functions
Test Refusal
- ? Failure to remain until the testing process is complete
- ? Failure to attempt to provide a breath or urine specimen
- ? Failure to provide a sufficient quantity of urine or breath without a valid medical explanation
- ? Failure to undergo a medical evaluation as required by the MRO or DER
- ? Failure to cooperate with any part of the testing process
- ? Failure to permit an observed or monitored collection when required
- ? Failure to follow an observer's instructions to raise and lower clothing and turn around (observed)
- ? Possessing or wearing a prosthetic or other device used to tamper with the testing process
- ? Failure to take a second test when required
- ? Admitting the adulteration or substitution of a specimen to the collector or MRO
- ? MRO verified adulterated/substituted sample
- ? Refusal to sign Step 2 of alcohol test form
- ? Failing to appear within a reasonable time
*For pre-employment, NOT a refusal: Failure to appear, failure to remain at site prior to start of test, aborting collection before test commences
Consequences
- ? Positive drug or alcohol (above 0.04) test result or test refusal (SAP Referral Required)
- ? BAC in range of 0.02 to 0.039 (remove employee from safety-sensitive position- apply transit system disciplinary policy if applicable; DOT SAP referral prohibited)
- ? Dilute negative: must have fixed policy to retest or not retest (though policy may differ between test types)
Additional Employer Provisions Allowed
- ? Policy delineates between FTA and company policy prohibitions, terms, etc.
- ? The provisions of the Drug Free Workplace Act of 1988 may be incorporated in the policy statement but must be so identified
Compliance Tips
- ? Effective date of policy-normally found on cover of policy
- ? Policy distribution -Employees should be requested to sign a confirmation of receipt form
- ? Make sure future revisions of a substantive nature also receive Board approval
- ? Make sure all employees have the most current version of the policy
- ? Clearly differentiate between FTA and company authority
Last updated: Thursday, March 17, 2016