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Attention Attendees: Thank you for attending! The presentation will start in a few minutes at 1:00 PM Central. You will be muted during the event. - PowerPoint PPT Presentation
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DOT Drug & Alcohol TestingThis webcast will cover ...• The top 10 FMCSA D&A violations• How to establish a compliant drug and
alcohol testing program• How to raise the bar through more
stringent testing protocols, hair follicle testing and more!
• Question & Answer
ModeratorDr. Gary Petty, President & CEO, NPTC
PanelistsTom Bray, Sr. Editor – Transportation Management,
J. J. Keller & Associates, Inc. Tom Moore, CTP, Senior Vice President, NPTCJeffery Slater, Transportation Safety & Compliance
Manager, Gordon Food Service
Attention Attendees:+ Thank you for attending!+ The presentation will start in a few
minutes at 1:00 PM Central.+ You will be muted during the event.+ Please use the Question feature on your
control panel to send questions to our presenters. We’ll try to answer them during the Q&A period if they are not covered in the presentation.
+ The slides and recording will be posted within 7 days at: http://www.jjkeller.com/nptcinfo
July 10th, 2013
DOT Drug & Alcohol Testing
Dr. Gary PettyPresident & CEO
National Private Truck Council
Introduction• Regulations – Tom Bray• Policy and Procedure Best Practices –Tom Moore
• Gordon Food Service’s Program – Jeffery Slater• Housekeeping issues:
You will be muted during the event. Please use the Question feature on your control panel to send
questions to our Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation.
If you lose sound at any point, you can dial-in by phone. You’ll find the phone number and access code on your control panel under “Audio.”
Gary Petty National Private Truck Council
DOT Drug & Alcohol Testing
Thomas BrayEditor, Transportation Management
J. J. Keller & Associates, Inc.
Tom BrayJ. J. Keller &
Associates, Inc.
Applicability: Part 382• CMV drivers who are subject to CDL rules
are covered by Part 382 (§382.103) GVWR or GVW 26,001 lbs. or more GCWR or GCW ≥ 26,001 lbs. with trailer of 10,001 lbs. or
more 16 or more passengers Placarded for hazmat
• Part 382 contains FMCSA drug and alcohol testing rules, Part 40 contains testing procedure rules
Tom BrayJ. J. Keller &
Associates, Inc.
Prohibitions• Found at §382.201 to §382.215
0.04 BAC when on duty, using alcohol while on duty,
using alcohol within 4 hours of duty, using alcohol
within 8 hours of an accident Using or being under the influence of a Schedule I drug
while on duty Using an unprescribed “scheduled” drug Testing positive for drugs on DOT test Submits an adulterated or substituted sample Refusal to submit to a required drug or alcohol test
Tom BrayJ. J. Keller &
Associates, Inc.
Process Involving Prohibitions
• IMMEDIATELY remove driver from safety sensitive position• Provide SAP referral• Follow company policy and driver contracts or
agreements, and be aware of state laws• If driver to be returned to service (all steps
passed and documented): SAP evaluation and treatment Return-to-duty test Follow-up testing
Tom BrayJ. J. Keller &
Associates, Inc.
Policy Requirements• Policy must cover (at the minimum) the 11 items required in §382.601• Driver must be provided with, and sign receipt for policy• No signature, no driving• No direct training requirement, however…
Tom BrayJ. J. Keller &
Associates, Inc.
DOT Test Types• Pre-employment: §382.301• Random: §382.305• Post-accident: §382.303• Reasonable suspicion: §382.307• Return-to-duty: §382.309• Follow-up: §382.311
Tom BrayJ. J. Keller &
Associates, Inc.
Pre-employment Tests• DOT pre-employment drug screen required of:
New employees/employers just starting to
drive CMVs that require CDLs Employees transferring into CDL driving positions
• Have the verified negative test result before using the driver in a safety-sensitive function for the first time!
Tom BrayJ. J. Keller &
Associates, Inc.
Pre-employment Exceptions
• Road testing• General exception criteria based on §382.301(b):
Driver was in a DOT testing program within the
past 30 days; AND in the program: Either was tested in the past 6 months for any test type, OR Remained in the pool for 12 consecutive months; AND Did not test positive or refuse a DOT test in the past 6 months.
Tom BrayJ. J. Keller &
Associates, Inc.
Random Testing• Out of average number of driver positions:
50% tested for drugs annually 10% tested for alcohol annually
• Testing spread reasonably throughout the year• Driver must be sent during draw period
If not tested before next drawing, must not send Document WHY driver was not sent! Drawing of alternates allowed
Tom BrayJ. J. Keller &
Associates, Inc.
Random Testing• ALL drivers must be in drawing pool (temp,
casual, part-time, mechanics that drive, drivers on leave or layoff, etc.) If driver removed from pool due to extended leave or layoff
and belief he/she is not returning, or termination, driver must retake pre-employment then be placed back into pool
• Annual testing must be completed (with MRO results in hand) by December 31st
Tom BrayJ. J. Keller &
Associates, Inc.
Random Testing• Random = scientifically valid method• Not allowed:
Only having “some” drivers in drawing pool Alphabetical selection Picking by seniority Drawing names out of a hat or “picking” drivers Tests based on suspicion or “just because”
Tom BrayJ. J. Keller &
Associates, Inc.
Random Testing• Test notification
Wait to notify selected drivers until they are in a position to be tested
Make sure driver is available to report, and reports “immediately” or “as soon as possible” to test site (can drive themselves to the test)
Should you/can you test off-duty drivers? Drug you can Alcohol you cannot
Tom BrayJ. J. Keller &
Associates, Inc.
Post-Accident TestingPost accident drug and alcohol test required if:• Vehicle required a CDL and…• One of 3 conditions are met:
Fatality An involved vehicle must be towed and your driver was
cited for a moving violation Someone needed immediate medical care away from scene
and your driver was cited moving violation
Tom BrayJ. J. Keller &
Associates, Inc.
Post-Accident Testing
• When to test: Alcohol: Within 2 hours, or 8 hours max. if 2 hour not
possible Drugs: Within 32 hours
• Monitor the situation if test not initially required: Driver should be available for testing if circumstances change!
• No testing once windows are closed• You can use results of law enforcement
tests if you can get a copy• Driver can return to driving after testing,
unless…
Tom BrayJ. J. Keller &
Associates, Inc.
Reasonable Suspicion• A trained company supervisor sees and can
document articulable signs of drug or alcohol use
• Supervisor training must include (§382.603): 60 minutes on signs of alcohol misuse 60 minutes on signs of drug use No “recurrent training” requirement, however…
• Having trained supervisors and conducting tests when necessary is required!
Tom BrayJ. J. Keller &
Associates, Inc.
Return-to-Duty and Follow-Up
• Required if driver has tested positive or refused a test
• Follows SAP evaluation and treatment• Return-to-duty test must be passed before
placing driver back into safety-sensitive function
• Follow-up test schedule set by SAP (must meet minimums)
• Follow-up tests are in addition to any random tests driver is selected for
Tom BrayJ. J. Keller &
Associates, Inc.
Return-to-Duty Process• Return-to-duty process is NOT company
specific• Driver can start process at one carrier and
complete at another• Background checks in §391.23 are critical in
locating drivers that previously failed or refused and have not completed process Upcoming Drug and Alcohol Clearinghouse Database will
provide additional visibility
Tom BrayJ. J. Keller &
Associates, Inc.
DOT Test Processes• Collections, tests, and processes must meet Part 40 requirements• Required drug test is urinalysis (“DOT Five
Panel”)• “Split sample” for confirmation of positive
drug test results if requested by driver (no “second collection” allowed)
• Alcohol testing can be saliva screen/EBT confirmation or EBT screening and confirmation
• “Refusal” is more than simply saying “no”
Tom BrayJ. J. Keller &
Associates, Inc.
TPA/Consortium• Can use third party administrators to take
some of the burden Must still have a DER and take actions in-house Still responsible for compliance, everything from collection
sites to MROs
• Small fleets and fleets operating under a parent company can join “consortiums” (a group of companies in a pool)
Tom BrayJ. J. Keller &
Associates, Inc.
Tom Moore, CTPSenior Vice President
National Private Truck Council
CSA Performance
Unsafe Driving
Fatigued Driving
Driver Fitness
Controlled Substance
Vehicle Maint.
HazMat Crash
2012 12.8 17.9 17.77 1.7 24.91 19.78 22.14
2013* 10.96 13.35 13.44 0.96 21.22 1.36 30,4
Tom MooreNational Private Truck Council
On-road violations• §392.5(a) Possession/use while on duty or
within 4 hours of duty/under influence alcohol (0.28 percent of all driver violations)
• §392.4(a) Driver uses or is in possession of drugs (0.13 percent of all driver violations)
• §392.5(c)(2) Violating OOS order pursuant to 392.5(a) or (b) (0.01 percent of all driver violations)
Tom MooreNational Private Truck Council
Compliance Review Violations
• Acute: §382.115(a) Failing to implement an alcohol and/or drug
testing program (number 1 acute violation) §382.215 Using a driver who has tested positive for a drug §382.211 Using a driver who refused to take drug or alcohol
test §382.305(a) Failing to implement a random drug and/or an
alcohol testing program §382.213(b) Using a driver known to have used a controlled
substance
Tom MooreNational Private Truck Council
Compliance Review Violations
• Critical: §382.301(a) Using a driver before receiving a pre-
employment result §382.305(b)(2) Failing to do random drug tests at applicable
annual rate (less than 50 percent) §382.305(b)(1) Failing to do random alcohol test at
applicable annual rate (less than 10 percent) §382.303(a) Failing to conduct post accident testing on
driver for alcohol §382.303(b) Failing to conduct post accident testing on
driver for controlled substances
Tom MooreNational Private Truck Council
How Fleets Are Producing Such Results
• Training, training and more training• No rush to hire• Random testing at percentages higher than the
required rate• Expanding the pool of candidates• Alternative testing methodologies
Tom MooreNational Private Truck Council
Growth of Hair Follicle Testing
Impact of Hair Testing
Why Are More CompaniesTurning to Hair Testing?
• Hair testing is more effective than urine at identifying illegal drug users because it is has a longer detection window.
• Hair tests are typically capable of detecting illegal drug use in the three months prior to the test
• Urine tests are usually only capable of detecting use in the prior few days.
Tom MooreNational Private Truck Council
Barriers to Hair Testing• Cost• Redundancy• Jurisdiction• Misconception
Tom MooreNational Private Truck Council
Jeffery Slater Transportation Safety & Compliance
ManagerGordon Food Service
FPO
Jeffery SlaterGordon Food
Service
GFS Transport LLCOperations
• Gordon Food Service Inc. – 10,000 Employees.• 15 US Distribution Centers.• 1600 + Drivers• Annual Miles Driven + 63,000,000• Power Units 1200+• Private/ For hire• 7 Fleet Maintenance Shops
Jeffery SlaterGordon Food
Service
Applicability: Part 382• All our Drivers and Transportation
Management are subject to DOT Drug and Alcohol testing.
• In our Fleet Maintenance Shops our tractor techs and any other persons who may operate a tractor or trailer is subject to the DOT Testing.
Jeffery SlaterGordon Food
Service
Policy Requirements• Use a reputable TPA to help with your Drug
and Alcohol policy. • Our Designated Employer Representative
(DER) is located in my department.• What we do with Positive tests.
Provide with SAP information Send on their way (Termination)
Jeffery SlaterGordon Food
Service
Pre-employment Tests• Any new Driver or transfer requires a DOT
drug test and Hair test prior to starting.• Both DOT urine and hair tests must be
verified negative prior to starting in a position.
• Of course any positive tests will not be starting with us.
• Any driver who is out of our Drug and Alcohol program for 30 days or longer requires a DOT pre-employment test before returning to work.
Jeffery SlaterGordon Food
Service
Random Testing
• We keep our test percentages higher than required. 60% tested for drugs annually 20% tested for alcohol annually
• Our testing is spread out over four calendar quarters and testing though out each quarter.
• Our managers are trained to do the notification to the drivers and are sent selected vs. tested reports through out each quarter so they are reminded where they stand.
Jeffery SlaterGordon Food
Service
Random Testing• Provide TPA with a driver pool list each
quarter, includes all drivers, maintenance techs, managers and yard switchers that operate on the road.
• Managers are notified by e-mail from the TPA with drivers who are selected in their team for that quarter.
• Managers selected for random testing are reported to my department by the TPA.
• Those unable to be tested for the quarter are removed from the list and would be required to have a pre-employment test prior to coming back.
Jeffery SlaterGordon Food
Service
Random Testing• All alternate selections must be approved by
before a new selection is made.• In most cases drivers are notified at the
beginning of their route or immediately following.
• All our managers are responsible in making sure the driver proceeds immediately to the clinic for collection. They document time of notification and the clinic documents time of testing.
Jeffery SlaterGordon Food
Service
Post-Accident TestingPost accident drug and alcohol test required
if:• We follow only the DOT regulations on
Post-Accident Testing and no other testing is completed.
• Vehicle required a CDL and…• One of 3 conditions are met:
– Fatality– An involved vehicle must be towed and your driver was
cited for a moving violation– Someone needed immediate medical care away from
scene and your driver was cited moving violation
Jeffery SlaterGordon Food
Service
Reasonable Suspicion• All Management is trained on Reasonable
Suspicion. • If a manager suspects a driver of being under
the influence our protocol requires a second opinion or a phone call to me before taking to the clinic.
• All testing of this sort its required that a manager take the driver to the clinic and stay until completed.
• Drivers are suspended until results are received.
Jeffery SlaterGordon Food
Service
Reasonable Suspicion• The manager is required to make sure the
driver has a safe ride home after testing.• If a driver tests positive they are provided
with SAP information and Terminated.
Jeffery SlaterGordon Food
Service
Return-to-Duty and Follow-Up
• We do not employ people who have tested positive for drugs or alcohol.
• We will not hire a driver who has a alcohol violation on their MVR in the past 5 years.
Jeffery SlaterGordon Food
Service
Question & Answer Session
Please continue to submit your questions.
Tom MooreNational Private Truck Council
Tom BrayJ. J. Keller &
Associates, Inc.
Gary Petty National Private Truck Council
Jeffery SlaterGordon Food
Service
Closing Remarks• Checkout the archive of past topics at:
http://www.jjkeller.com/nptcinfo PowerPoint slides and recording up in 1 week
• Remaining topics for 2013: October 2, 2013 - Physical Qualification of Drivers:
DOT Physicals, CDLs and Med Cards, Functional Capacity Testing
Gary Petty National Private Truck Council
Thank you for participating in today’s webcast!
Visit: www.jjkeller.com/nptcinfoFor today’s presentation and learn more
about future NPTC and J. J. Keller webcasts.
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