FTA Drug and Alcohol Regulation Updates
Issue 20, page 6

CLARIFICATIONS

Conforming Products List
Evidential Breath Testing (EBT) Devices
July 21, 2000
Federal Register Vol.65
Pages 45419 - 45423
Primary Topic: Conforming Products List (CPL)
Website location: www.nhtsa.gov/people
/injury/alcohol

Note: This list will be updated periodically.

Non-evidential Testing Devices
May 4, 2001
Federal Register Vol.66
Pages 22639 - 22640
Primary Topic: Initial Alcohol Screening Devices

Note: This list will be updated periodically.

The information presented on this page should be used to update Chapter 2 of the Implementation Guidelines.

     The Department of Transportation (DOT) created a new version of the Alcohol Test Form (ATF) that is to be used for all alcohol tests administered under the DOT rule. A copy of the new, streamlined form is provided as Appendix G of Part 40. The new forms must be in use by February 1, 2002. Use of the expired forms should be halted and any remaining copies destroyed.

     Following October 31, 2001 only the new version of the Federal Drug Testing Custody and Control Form (CCF) can be used for DOT tests. Use of an old form requires a corrective action that follows procedures outlined in 40.205(b)(2). Use of an expired form without proper corrective action will result in a cancelled test.

Role of the “DER” Clarified

     As transit agencies implement internal policy and procedural changes within their organizations to reflect the regulatory changes set forth in the new Part 40 regulations, the assignment of Designated Employer Representative (DER) responsibilities has become a focus of attention. A DER is an employee that receives test results and other communication for the employer and is required to make decisions in the testing and evaluation process.

     DERs must be knowledgeable about the DOT and FTA regulations, company policies and internal procedures. DERs must be immediately accessible to collection site personnel, Breath Alcohol Technicians (BAT), and Medical Review Officers (MRO) and be prepared to address drug and alcohol testing issues, make decisions, and provide direction in a timely manner. DERs must have the authority to take necessary and immediate actions (directly or through the employee’s direct supervisor) to remove employees from safety-sensitive duties, send employees for retests, and to direct the actions of service agents.

     To assist the DER perform his/her function effectively, employers should provide training and procedural guidelines that address the major issues that might be encountered. Specifically, DERS should know what to do in the following cases:

• A collection site representative or BAT calls to inform the employer of an employee with insufficient volume, suspicion of tampering or adulteration, test refusal, observed collections, and/or an employee’s late arrival to the collection site.
• The DERs is called upon to verify employee identification when an employee fails to provide proper identification.
• The DER must notify an employee that the MRO needs to speak to him/her immediately.
• The DER is notified of a positive drug test, positive alcohol test or test refusal and must ensure that the employee is immediately removed from safety-sensitive functions.
• The MRO instructs the DER to schedule a retest for an employee.
• The DER is called upon to assist with decisions to test following accidents/reasonable suspicion occurrences.
• The DER receives a written report and follow-up testing plan for an employee that has been determined ready to return to work.

     Typically, employers have more than one DER to ensure coverage during all times testing is occurring. Some employers have split the DER responsibilities into “real time” functions that require immediate attention and administrative functions. Real time activities that include direct contact with collection site representatives or BATs during or immediately following collection attempts are usually assigned to first-line supervisors or operations managers that are on duty during all hours of operation. Administrative functions are often performed by the employer’s primary DER or Drug and Alcohol Program Manager (DAPM) during normal business hours and include contacts with MROs, SAPs, and other company personnel as appropriate.