DOT Alcohol and Drug Testing Rules What Supervisors Need to Know
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Safety Awareness For Everyone from Cove Risk Services
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© 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
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DOT Regulations
– What do the regulations require?
– To whom do the rules apply?
– What is prohibited?
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What must we test for?– BAC at or above 0.02
– Illegal drugs, including:• Marijuana• Amphetamines• Cocaine• Opiates• PCP
DOT Regulations (cont.)
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Employees immediately removed after:
Positive drug test results
Verified tainted or substituted drug test results
Alcohol test >0.04
DOT Regulations (cont.)
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Employees temporarily removed after:
Alcohol test between 0.02 and 0.39
Diluted specimen
Invalid drug test requiring second test
DOT Regulations (cont.)
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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
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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
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Refusal to submit to testing
Consequences for violating rules
Effects of substance abuse
What Else Do Drivers Need To Know About the Rules? (cont.)
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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
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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?
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– Confidentiality
– Retention requirements
Alcohol and Drug Test Records
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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.
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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
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– Alcohol abuse
– Drug abuse
Reasonable-Suspicion Testing
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Substance use can negatively affect:
– Vision
– Reflexes
– Coordination
– Emotions
– Aggressiveness
– Judgment
Performance Effects of Alcohol and Drug Use
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• 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
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• 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
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• 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
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• 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
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• 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
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• 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
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– 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
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• 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.)
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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
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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
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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.
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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
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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
Association Members Workers’ Compensation Trust
Safety Awareness For Everyone from Cove Risk Services