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DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust Safety Awareness For Everyone from Cove Risk Services © BLR ® —Business & Legal Resources

DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

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Page 1: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

DOT Alcohol and Drug Testing Rules What Supervisors Need to Know

Association Members Workers’ Compensation Trust

Safety Awareness For Everyone from Cove Risk Services

© BLR®—Business & Legal Resources

Page 2: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Session Objectives

You will be able to:Understand the requirements of the DOT alcohol and drug testing rules

Recognize the performance effects of drug and alcohol use

Identify signs and symptoms of substance use on the job

Make proper reasonable-suspicion determinations

Page 3: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

DOT Regulations

– What do the regulations require?

– To whom do the rules apply?

– What is prohibited?

Page 4: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

What must we test for?– BAC at or above 0.02

– Illegal drugs, including:• Marijuana• Amphetamines• Cocaine• Opiates• PCP

DOT Regulations (cont.)

Page 5: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Employees immediately removed after:

Positive drug test results

Verified tainted or substituted drug test results

Alcohol test >0.04

DOT Regulations (cont.)

Page 6: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Employees temporarily removed after:

Alcohol test between 0.02 and 0.39

Diluted specimen

Invalid drug test requiring second test

DOT Regulations (cont.)

Page 7: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Training Requirements

Employee training:

– Information about substance abuse

– Substance abuse policy

– Testing requirements

– How to get help

Supervisor training includes all the issues covered in this session

Page 8: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

What Else Do Drivers Need To Know About the Rules?

Name of person who can answer questions about substance abuse and rules

Who is subject to requirements, and when

When and how testing will be conducted

Page 9: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Refusal to submit to testing

Consequences for violating rules

Effects of substance abuse

What Else Do Drivers Need To Know About the Rules? (cont.)

Page 10: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Preemployment

Post-accident

Reasonable-suspicion

Random

Return-to-duty

Follow-up

Preemployment

Post-accident

Reasonable suspicion

Random

Return-to-duty

Follow-up

When Testing Is Required

Page 11: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Employees who test positive must be:

– Removed from safety-sensitive duties

– Evaluated by a substance abuse professional

– Treated for their abuse problem

– Able to pass a return-to-duty drug test

What Happens if an Employee Tests Positive?

Page 12: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

– Confidentiality

– Retention requirements

Alcohol and Drug Test Records

Page 13: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Drug and Alcohol Testing Rules: True or False?

Alcohol use on or off the job by CDL drivers is absolutely prohibited by.

Drivers with a BAC of 0.02 or more must be removed from safety-sensitive duties.

Drivers may refuse to submit to a drug or alcohol test under the DOT rules.

Suspended drivers must pass a return-to-duty test before they can resume safety-sensitive duties.

Page 14: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Do you understand:– Requirements of the

DOT regulations?

– Employee training and education requirements?

– When testing is required?

– What happens if an employee tests positive?

– Basic rules covering employee drug and alcohol test records?

Drug and Alcohol Testing Rules

Page 15: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

– Alcohol abuse

– Drug abuse

Reasonable-Suspicion Testing

Page 16: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Substance use can negatively affect:

– Vision

– Reflexes

– Coordination

– Emotions

– Aggressiveness

– Judgment

Performance Effects of Alcohol and Drug Use

Page 17: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence — beverage containers, drinking from paper bags, odor of alcohol

• Physical symptoms — poor reflexes, slurred speech, loss of coordination, unsteady gait

• Behavioral symptoms — more talkative and less emotional control, distorted judgment, impaired thinking and memory, and impaired driving

Signs and Symptoms of Alcohol Abuse

Page 18: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence —smoking paraphernalia, odor

• Physical symptoms — red eyes, fatigue, cough, slowed speech, impaired coordination, altered perception, increased appetite

• Behavioral symptoms — impaired memory, time-space distortion, euphoria, panic or paranoia, careless attitude, false sense of power

Signs and Symptoms of Drug Abuse: Marijuana

Page 19: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence — pills, storage containers, syringes and needles

• Physical symptoms — dilated pupils, sweating, dizziness, dry mouth, blurred vision, insomnia

• Behavioral symptoms —confusion, talkativeness, restlessness, anxiety, moodiness, and false sense of confidence and power

Signs and Symptoms: Amphetamines

Page 20: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence —bags or vials, razor blades, straws or rolled bills, spoons and heating apparatus

• Physical symptoms — dilated pupils, runny or irritated nose, sweating, tremors, needle tracks, restlessness, talkativeness

• Behavioral symptoms — increased activity, secretiveness, defensiveness, mood swings, difficulty concentrating, false sense of power

Signs and Symptoms: Cocaine

Page 21: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence — packets, balloons, bloody tissues, syringes, matches

• Physical symptoms — constricted pupils, sweating, nausea and vomiting, needle marks, slurred speech and slowed reflexes, drowsiness and fatigue

• Behavioral symptoms — mood swings, impaired coordination, depression and apathy, stupor, euphoria

Signs and Symptoms: Opiates

Page 22: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Evidence of presence — packets, tablets, capsules, or powder residue

• Physical symptoms — dilated pupils, jerky eye movement, drooling, sweating, dizziness, drowsiness, impaired coordination, disorientation

• Behavioral symptoms — anxiety, aggressive or violent behavior, confusion and agitation, mood swings, poor judgment

Signs and Symptoms: PCP

Page 23: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

– Determinations must be based on specific, current, objective observations

– Observations must be made by a supervisor or manager

– Observations must be made in connection with safety-sensitive functions

Reasonable-Suspicion Determinations

Page 24: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

• Test should be performed promptly after the determination is made

• Action under DOT rules must be based on a drug or alcohol test, not just observations

• You must prepare a written and signed report describing your observations

• Test should be performed promptly after the determination is made

• Action under DOT rules must be based on a drug or alcohol test, not just observations

• You must prepare a written and signed report describing your observations

Reasonable-Suspicion Determinations (cont.)

Page 25: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Direct observation of urine collection required when:

– Employee attempts to tamper with specimen

– MRO orders direct observation

– Test is for a “return-to-duty” or “follow-up”

Direct Observation

Page 26: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Direct Observation (cont.)

– Observer must be same gender

– Check for prosthetic or other device

– Follow strict requirements for observation

– Give notice and document when a device

is observed

– Failure to permit direct observation is a refusal to test

Page 27: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Reasonable Suspicion: Q& A

A.Q.

Q.

Q.A.

A.

What must suspicions be based on?

Current, specific, objective observations.

When should reasonable-suspicion tests be conducted?

As soon as possible after the observation.

Can you base reasonable suspicion on something an employee reports but you haven’t actually seen?

No. You have to observe the evidence, appearance, behavior, or odor.

Page 28: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

Do you understand:

– Grounds for reasonable- suspicion testing?

– Performance effects of alcohol and drug use?

– Signs and symptoms of substance use?

– Reasonable-suspicion procedures?

Reasonable Suspicion

Page 29: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

© BLR®—Business & Legal Resources

DOT regulations prohibit alcohol and drug use by CDL drivers

We must test drivers for substance use when they are performing safety-sensitive duties

You play a key role in compliance with the DOT rules

Page 30: DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Association Members Workers’ Compensation Trust S afety A wareness F or E veryone from

Association Members Workers’ Compensation Trust

Safety Awareness For Everyone from Cove Risk Services