Designated contact person, and board adoption
q
Identity of person,
office, branch, and/or position
q
Proof of policy
adoption by Local Governing Board or Other Authorized Official
Covered Employees
q
Operation of a
revenue service vehicle, in or out of revenue service
q
Operation of a
non-revenue vehicle requiring a CDL
q
Controlling
movement or dispatch of a revenue service vehicle (determined by
employer)
q
Security personnel
who carry firearms
q
Maintenance of a
revenue service vehicle
q
Contractor
employees that stand in the shoes of Transit System employees
also have to comply
Prohibited Substances
q
Marijuana
q
Cocaine
q
Amphetamines
q
Opiates
q
Phencyclidine
q
Alcohol
Pre-employment
q
Negative test
before 1st SS duty, must make up if cancelled
q
Not SS for 90-days
and out of pool need pre-employment test
q
Applicant who
failed/refused must show evidence of treatment
q
If alcohol test,
must follow Part 40 regulations
Reasonable suspicion
q
Trained supervisor
q
Physical behavior,
performance, contemporaneous observation
Post-accident
q
Fatality
q
Medical treatment
away from scene, unless driver discounted
q
Disabling damage,
unless driver discounted
q
Drug test within 32
hours
q
Alcohol within 8
hours
q
No test 2 hours,
create note, no test 8 hours, update note
q
Readily available,
or refusal to test
q
Readily available
stayed for resolution and medical treatment
Return-to-duty and Follow-up
q
Conducted in
accordance with Part 40, subpart O
Random
q
Scientifically
valid selection method
q
Testing is
conducted on all days and hours throughout the year
q
Unannounced and
immediate
q
No discretion by
management or operations
Prohibited behavior
q
Alcohol use 4 hours
prior, on call, while performing SS duty
q
Alcohol use 8 hours
after accident or until PA test
Period of Coverage
q
Drug test - anytime
on while on duty
q
Alcohol test - Just
before, during, or immediately after safety-sensitive duty
Testing Methods
q
Drug & alcohol
tests - detailed discussion in policy now optional
q
It is only
necessary to reference Part 40, but if referenced, copies must
be available for employees
Test Requirement
q
All covered
employees are required to submit to drug and alcohol tests as a
condition of employment in accordance with Part 655
Test Refusal
q
Failure to provide
breath or urine sample
q
Insufficient volume
without valid medical explanation
q
Tampering,
adulterating, or substituting specimen
q
Failing to appear
within a reasonable time - defined by employer
q
Leaving the scene
of an accident without just cause prior to submitting to a test
q
Leaving collection
facility prior to test completion
q
Failing to permit
an observed or monitored collection when required
q
Failing to take a
second test when required
q
Failing to undergo
a medical examination when required
q
Failing to
cooperate with any part of the testing process
q
Failing to sign
Step 2 of alcohol test form
q
MRO verified
adulterated/substituted sample
q
Once test is
underway, failing to remain at site and provide a specimen
q
For pre-employment,
NOT refusal: Failure to appear
q
For pre-employment,
NOT refusal: Failure to remain at site prior to commencement of
test
q
For pre-employment,
NOT refusal: Aborting the collection before the test commences
q
No claim that
refusal to take a company test is a refusal to DOT test
Consequences
q
Positive drug or
alcohol (above 0.04) test result or test refusal
q
BAC (0.02 to 0.039)
q
Dilute negative
q
Dilute negative
results 2-5 mg/dl
q
Immediate remove
employee from safety-sensitive position
q
Refer for
assessment by a Substance Abuse Professional
q
Apply transit
system disciplinary policy
q
SAP Referral
Required
q
All
employees/applicants must be given valid contact information for
a USDOT-qualified SAP if they test positive.
Additional Employer Provisions Allowed
q
Must be identified
q
The provisions of
the Drug Free Workplace Act of 1988 may be incorporated in the
policy statement but must be so identified
Compliance Tips
q
Effective date of
policy-normally found on cover of policy
q
Policy distribution
-Employees should be requested to sign a confirmation of receipt
form
q
Make sure future
revisions of a substantive nature also receive Board approval
q
Make sure all
employees have the most current version of the policy
q
Clearly
differentiate between FTA and company authority
