FTA Drug and Alcohol Regulation Updates
Issue 12, page 4

Self-Assessment Checklists

Amended:
February 15, 1994
Federal Register Vol. 59
Pages 7340-7366
Primary Topic: DOT Alcohol Testing Procedures
Procedures for Split Sample
Procedures for Drug Testing

August 19, 1994
Federal Register Vol.59
Pages 42996-43018
Primary Topic: Clarified Urine Specimen and Collection Procedures and Clarified Alcohol Testing Procedures

April 19, 1995
Federal Register Vol.60
Pages 19535-19537
Primary Topic: Standardized Chain of Custody and Control Form

April 20, 1995
Federal Register Vol.60
Pages 19675-19681
Primary Topic: Established Procedures for Use of Non-evidential Alcohol Screening Devices

The information presented on this page should be used to update Chapters 6 and 9 of the Implementation Guidelines.

Return-to-Duty Testing Checklist

   In the event the employer gives employees a second chance, after previously testing positive, a return-to-duty test is required. Employers that choose to discharge employees following a positive test result do not, of course, conduct return-to-duty tests. The exception is when an individual is put back to work by an arbitrator, judge, or other ruling that is binding on the employer. In this case the employer must adhere to the return-to-duty and follow-up testing requirements.

• Do you require employees to have a negative return-to-duty test?

• Following a verified positive drug test, an alcohol result of 0.04 or greater, a refusal to submit to a test, or any other violation of the regulations, before being allowed to return to work in a safety-sensitive job function.

• Are the return-to-duty tests performed after the employee has been evaluated by a substance abuse professional, who has determined the employee to be presently free of alcohol and/or prohibited drugs, is able to return to work (see article on page 5 of this Update), and has followed the SAP recommended actions? Do the return-to-duty procedures reflect that a safety-sensitive employee has successfully completed treatment (e.g. rehabilitation)?
• Do the return-to-duty procedures reflect that a safety-sensitive employee must have a verified negative drug test or an alcohol test result of less than 0.02? If the tests are incomplete or cancelled, the employer must require the employee to submit to and pass another test.
• Does the SAP recommend whether the employee with a positive drug test should also be subject to return-to-duty alcohol testing?
• Does the SAP recommend whether the employee with a positive alcohol test should also be subject to return-to-duty drug testing?

Follow-up Testing Checklist

   After returning to duty, the employee is subject to unannounced follow-up testing for a minimum of 12 months but not more than 60 months. The twelve-month period begins on the day the individual returns to work, after having passed a return-to-duty test. A minimum of six tests is required within the first 12 months.

• Are the minimum requirements for follow-up testing being met?
• Is the duration of the follow-up tests, above the minimum requirements, established by the Substance Abuse Professional?
• Is the frequency of the follow-up tests, above the minimum requirements, established by Substance Abuse Professional?
• Is the SAP recommended schedule for follow-up testing being followed?

(This information was excerpted from the Drug and Alcohol Program Self-Assessment Checklist developed for the Transportation Safety Institute by RLS & Associates, Inc.)