DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Massachusetts Healthcare Self-Insurance Group, Inc. S afety A wareness F or E veryone

DOT Alcohol and Drug Testing Rules What Supervisors Need to Know

Massachusetts Healthcare Self-Insurance Group, Inc.

Safety Awareness For Everyone from Cove Risk Services

© 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


DOT Regulations

– What do the regulations require?

– To whom do the rules apply?

– What is prohibited?


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

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

DOT Regulations (cont.)


Employees immediately removed after:

Positive drug test results

Verified tainted or substituted drug test results

Alcohol test >0.04



Employees temporarily removed after:

Alcohol test between 0.02 and 0.39

Diluted specimen

Invalid drug test requiring second test



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


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


Refusal to submit to testing

Consequences for violating rules

Effects of substance abuse

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


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


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?


– Confidentiality

– Retention requirements

Alcohol and Drug Test Records


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.


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


– Alcohol abuse

– Drug abuse

Reasonable-Suspicion Testing


Substance use can negatively affect:

– Vision

– Reflexes

– Coordination

– Emotions

– Aggressiveness

– Judgment

Performance Effects of Alcohol and Drug Use


• 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


• 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


• 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


• 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


• 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


• 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


– 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


• 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.)


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


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


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.


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


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

Massachusetts Healthcare Self-Insurance Group, Inc.

Safety Awareness For Everyone from Cove Risk Services

Documents

DOT Alcohol and Drug Testing Rules What Supervisors Need to Know Massachusetts Healthcare Self-Insurance Group, Inc. S afety A wareness F or E veryone