• Regulation History and Overview
• 49 CFR Part 655 Key Components
• Types of Drug Testing allowed by DOT
• Difference between Reasonable Suspicion vs. Random   testing
• Job Performance Symptoms
• Drugs of Abuse
• Who can make a decision to direct an employee in for testing
• Administrative Requirements
• Best Practices
• Resources Available

• Designated Employer Representatives (DER)
• Drug & Alcohol Program Manager (DAPM)
• Safety Managers
• HR Professionals
• Dispatchers
• Service Agents

This presentation is intended to inform and empower key decision makers in making “fair”, “reasonable” and “observable referrals.”

Do you have to be right without a reasonable doubt?
What if you’re wrong?
How do you face the employee if the employee turns out to be negative?
What are the repercussions?

The truth is ……

You are not making determinations based on anything other than observable indicators that will be covered today.

• Pre Employment
• Random
• Post Accident
• Reasonable Suspicion
• Return to Duty
• Follow Up

Random Testing vs. Reasonable Suspicion Testing:

Un-announced testing
Serves as a deterrent
Serves as a form of detection
 

You can look at 49 CFR PART 655 Federal Transit Administration "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" for the answer.

Definition of a Random: 

655.45: Mandatory requirement to test a specific percentage of your DOT employee pool at the minimum annual percentage rate of 25% Drug and 10% Alcohol

Definition of Reasonable Suspicion Testing:

655.43: The employer shall conduct a drug and/or alcohol test when the employer has reasonable suspicion to believe that a covered employee has used a prohibited drug and or engaged in alcohol misuse.

• A supervisor(s), or another company official (s) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations.
• Only one trained supervisor or company official is required.

For 6G MSI the checklist is located in the 'Forms' tab your solution center. 

The checklist should be completed when a manager or supervisor suspects drug or alcohol use based on the physical appearance and behavior of the employee. Also completing the checklist should be all other managers or supervisors who witnessed the employee being unfit for duty.

Reasonable suspicion testing:

You may conduct a drug and/or alcohol test when you have reason to believe that an employee has used a prohibited drug and/or engaged in alcohol misuse.

Your decision should be based on:

• Specific
• Contemporaneous
• Articulable
• Observations

Always use the checklist as the means to accomplish the above basis for testing. Also completing the checklist should be all other managers or supervisors who witnessed the employee being unfit for duty.

An employer can only direct a covered employee to undergo reasonable suspicion testing while the employee is:

• Performing safety-sensitive functions
• Just before the employee is to perform safety-sensitive functions, or
• Just after the employee has ceased performing such functions.

Reasonable Suspicion Checklist must first be completed

Make sure you have documented the occurrence(s) that led to the decision to test

Establish the facility you will utilize for the test

Sit the employee down and explain that they will be transported to the test facility and why

Immediately transport the employee to the testing facility

• If an alcohol test is not administered within two hours following the determination that reasonable suspicion exists, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered.

• If an alcohol test is not administered within eight hours following the determination that reasonable suspicion exist the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.

With each test you must start a memorandum and keep it on file- your solution center has been set up to accomplish this.

We live in a society of self-medication

Drugs are viewed by an addict as a coping mechanism 

Drugs tend to temporarily mask stresses

Drugs can temporarily mask poor self-esteem

• Marijuana
• Cocaine
• Amphetamines
• Opiates
• PCP
• Alcohol

Marijuana:

Type: Hallucinogen
Method of Use: 

• Smoked
• Ingested in foods

Duration of High: 30 minutes to several hours “Typical” smoker experiences a high for approximately 2 hours

Signs of Marijuana Use:

• Reddened, bloodshot eyes
• Pungent aroma on clothes and body
• Fatigue
• Pupils may appear dilated
• Slowed speech
• Lack of motivation on the job
• Irritating cough chronic sore throat
• Talkativeness

Drug Effect on Pupils:

Normal:

Pinpoint:

Dilated:

Produces a mildly tranquilizing and mood altering effect

Ingested by smoking or eating

Goes by different names:

• Pot
• Hash
• Weed
• Joint
• Reefer
• Acapulco Gold
• Reefer

• Delayed decision-making
• Diminished concentration
• Impaired short-term memory
• Impaired signal detection
• Distortions in time and distance estimation
• Lengthened glare recovery & blurred double vision
• Distorted visual & depth perception
• Decreased car handling
• Decreased reaction times
• Impaired distance estimation
• Inability to maintain headway
• Subjective sleepiness

Cocaine:

Type: Stimulant
Method of Use: 

• Oral
• Snorted
• Smoked
• Injected

Duration of High: 5 minutes 

Signs of Marijuana Use:

• Runny or irritated nose
• Constant sniffing
• Broad mood swings
• Excessive activity an appearance of excitability
• Euphoric feeling, hyperexcitability
• Long periods without eating or sleeping
• Talkative or nervous
• Breath odor
• Problems concentrating

Energizes the entire central nervous system.

Ingested using:

• Single edge razor blade and mirror
• Rolled up dollar bill
• Half straw or metal tube
• Folded paper packet
• Glass pipes

Goes by different names:

• Snow
• Coke
• Crack
• Blow Rock
• Smoke

• Lapses in attention & concentration
• Tendency to over react & overcompensate
• Paranoia & withdrawal can create violent or aggressive behavior
• Impaired motor coordination
• False sense of alertness & skill
• Wild mood swings create instability
• Distorted vision

Amphetamines:

Type: Stimulant
Method of Use: 

• Oral
• Snorted
• Smoked
• Injected

Duration of High: Several hours to 15 hours

Signs of Marijuana Use:

• Runny or irritated nose
• Constant sniffing
• Broad mood swings
• Excessive activity an appearance of excitability
• Euphoric feeling, hyperexcitability
• Long periods without eating or sleeping
• Talkative or nervous
• Breath odor
• Problems concentrating

• Talkativeness
• Confusion
• Rapid respiration
• Heightened aggressiveness
• Impulsive risk taking
• Runny/bleeding nose
• Increased heart rate, blood pressure
• Restlessness/Hyperexcitability
• Dilated pupils

Effects the central nervous system as a stimulant. Speeds up the mind and body

• Counterfeit capsules
• White flat
• Granular powder or in lumps and packaged in aluminum foil

Goes by different names:

• Meth
• Speed
• Crank
• Black Beauties
• Crystal
• Ritalin
• Rits

• Overestimation of performance capabilities
• Delayed reaction time
• Impaired coordination
• Extreme mental & physical fatigue
• Over-actions when driving such as:
  
  • Over-braking
  • Over-acceleration
  • Over-steering

Amphetamines:

Type: Stimulant
Method of Use: 

• Oral
• Snorted
• Smoked
• Injected

Duration of High: Several hours to 15 hours

Signs of Marijuana Use:

• Runny or irritated nose
• Constant sniffing
• Broad mood swings
• Excessive activity an appearance of excitability
• Euphoric feeling, hyperexcitability
• Long periods without eating or sleeping
• Talkative or nervous
• Breath odor
• Problems concentrating

Opiates:

Type: Narcotic (Analgestic)

Method of Use: 

• Oral
• Snorted
• Injected

Duration of High: Several hours

Signs of Opioid Use:

• Impaired alertness and mental function
• Constricted pupils
• Low raspy voice
• Physical fatigue and drowsiness
• Impaired coordination
• Possible puncture marks (‘tracks”)
• Nausea/vomiting
• Excessive scratching and itching
• Mood swings

Opiates are narcotics typically given by doctor’s to alleviate pain, depress body functions and reactions.

• Poor concentration while driving
• Daydreaming
• Distorted vision and difficulty focusing on tasks
• Distorted sense of time and distance
• False sense of security and ability

Goes by different names:

Smack
Horse Emma
Dollies
Juice
China White
Bid D
Syrup

Communities are experiencing a huge increase in Heroin usage decimating families and resulting in overdosing deaths across the nation

Phencyclidine (PCP):

Type: Hallucinogen

Method of Use: 

• Oral
• Snorted
• Smoked
• Injected

Duration of High: Several hours to 24 hours

Signs of Opioid Use:

• Impaired coordination, Slowed body movements
• Severe confusion and agitation
• Extreme mood swings
• Muscle rigidity
• Nystagmus (involuntary jerky eye movement)
• Profuse sweating
• Delusions
• Fearfulness, Anxiety
• Violent or Bizarre behavior
• Memory and speech difficulties

PCP was developed as an anesthetic but the adverse side effect found to be a potent tranquilizer in large animals

• Clear liquid
• Granular powder packaged in aluminum foil

Goes by different names:

Angel Dust
Hog
Dust

• Distortions of size, shape, and distance perception
• Visual & auditory hallucinations
• Feeling of superiority
• Sense of invulnerability & power
• Aggressive behavior
• Loss of perception of time
• Impaired coordination and dulled senses

Bath Salts are sold under a number of different “brand” names:
Bliss,

• Blue Silk
• Cloud Nine
• Drone
• Energy-1
• Ivory Wave
• Lunar Wave
• Meow Meow
• Ocean Burst
• Pure Ivory
• Purple Wave
• Red Dove
• Snow Leopard
• Stardust
• Vanilla Sky
• White Dove
• White Knight, and
• White Lightning

• Increased reaction time
• Increased or erratic speed
• Swerving
• Unable to make rapid decisions
• Distorted sense of time and distance
• Distorted vision
• Loss of peripheral vision
• Impaired visual tracking
• Blurred vision

• Face & Eyes: 
  • Flushed or very pale face
  • Excessive sweating
  • Blood shot, watery eyes
  • Unusual movements
  • Dilated/constricted pupils
  • Extreme fatigue/falling asleep
    
    
• Nose & Mouth: 
  • Running nose
  • Sores around nostrils
  • Dry mouth
  • Frequent swallowing
• Body: 
  • Shaking hands
  • Clamminess
  • Puncture marks
  • Tremors
  • Unusually sedate or calm
  • Odor or alcohol or marijuana
    
    
• Speech: 
  • Slurred or incoherent
  • Inappropriate verbal response
  • Verbal abusiveness
    
    
• Physical: 
  • Nausea
  • Vomiting
  • Hallucinations
  • Staggering or unsteady gait
  • Impaired motor coordination
  • Over-reaction or over-compensation
  • Physically abusive
    
    
• Movement: 
  • Unsteady gait
  • Impaired motor coordination
  • Over-reaction
  • Over-compensation
    
    
• Mood: 
  • Euphoric high
  • Excessive laughter/talkativeness
  • Highly excited/nervous/irritable
  • Withdrawal/depression
  • Extreme aggression/agitation

• State of Mind: 
  • Confusion
  • Disorientation
  • Impaired short-term memory

• Increased involvement in accidents
• Participating in risky behavior
• Indifference toward safety rules
• Careless handling and maintenance of safety-sensitive machinery
• Disregard for the safety of others

• Absenteeism
• Overtime pay
• Insurance claims
• Increased insurance costs
• Workers compensation (5x higher)
• Accidents
• Workplace crime

• Diverted supervisory managerial time
• Friction among workers
• Waste
• Damage to equipment
• Damage to public image
• Personnel turnover

• Identify unusual or inappropriate behavior
• Observe the employee
• Objectively document behaviors using the checklist
• Determine if testing is required
• Inform the employee of the pending test 
• Transport the employee

• Be confident, diplomatic and respectful
• Don’t approach employee from a confrontation standpoint
• Stick to the salient points – not subjective but objective
• Give the employee the opportunity to describe and explain the events from
• their viewpoint
• Send employee in for testing

• Your employee does not have to test positive to be correct in sending him or her in for a Reasonable Suspicion test
• Even if an employee self discloses that he or she will be hot still send them in for testing
• Know what your company protocols are beforehand – in the event you have a positive
• Do not let an employee drive to the testing facility!

• Seek confirmation from another supervisor
  (Best Practice)
• List signs and symptoms.
• Be specific and brief.
• Be objective.
• Include date and time.

• FTA regulations require only 1 trained supervisor to make a referral for testing. An employer’s policy cannot contradict this requirement.
• Documentation must remain on file for a period of no less than 2 years.
• Testing must proceed without delay. Supervisors can allow an employee to contact a union representative, but the testing process must continue immediately.

• Escort from the workplace discreetly
• Should take place in a private office with a supervisor or confirming party
• Tell the employee they are being sent for a reasonable suspicion drug and alcohol test
• Explain to the employee how they will be transported to the testing facility
• Respect the employee’s confidentiality

Expect an emotional response:

• Excuses and sympathy
• Apologies and promises
• Switching
• Anger
• Tears and helplessness
• Deflecting
• Self-pity
• Innocence

• Compassion
• Guilt
• Friendship
• Loyalties
• Jeopardizing employee’s livelihood
• Loss of employee confidence/support
• Insecurities:
  
  • Fear for personal safety
  • Do not like confrontation
  • Lack of training on the referral process

• Ignoring job performance problems, hoping they will go away or are temporary
• Accepting excuses or apologies
• Threatening disciplinary action without follow through
• Giving advice or pep talks
• Doing some of the employee’s work because he is in a bad spot or working around the person
• Considering someone a “functional alcoholic” who doesn’t affect you

• Substance Abuse Professional (SAP) referral process.
• Assessment/Treatment
• Return to Duty
• Follow Up testing

Must be a local Substance Abuse Professional (SAP)

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

• This can only occur at the advising of the SAP.
• There should only be a Return to Duty Drug and Alcohol test after a violation of DOT policy i.e. Positive or Refusal to test
• A Return to Duty test should not be used when an employee has been on leave

• Document reason for directing employee(s) in for testing
• Escort employee to testing facility
• If after hours be sure to have a facility identified where you can send employee(s) after hours
• Can you stand down an employee until you receive a result back?
• Workplace Drug and Alcohol policy – is key to what your next step will be

• If your company has a zero-tolerance policy you must give the employee the name of a local SAP to follow up with his or her positive test
• No you may not send the employee in for another test hoping he or she will pass this one
• Follow the DOT regulations
• If you allow for a second chance then you must allow the SAP to do his or her job
• Once employee has been cleared by SAP a Return to Duty test is required (Observed)

Retention of records in a secure location with limited access:

• Records must be maintained for Five Years for:
  
  • Verified positive drug or alcohol test results.
  • Refusals to take required drug or alcohol tests.
  • Employee referrals to SAP’s.
  • Follow-up testing schedules.

Substance Abuse Treatment Locator
www.findtreatment.samhsa.gov

The Substance Abuse and Mental Health Services Administration (SAMHSA) web site will help individuals locate drug and alcohol abuse treatments programs in their communi­ties.

AlcoholScreening.org
www.alcoholscreening.org

This free confidential web site lets individuals privately assess their own drinking habits and receive personalized feedback to help them determine if they need help to change those habits. There is also information about their community drug and alcohol abuse treatments and consultations.

Al-Anon/Alateen
www.al-anon.alateen.org

Al-anon provides information on the effects of alcohol abuse and refers to nearby support groups. Alateen is the organization’s program for young people whose lives have been affected by someone else’s drinking.

Alcoholics Anonymous (AA)
www.aa.org

AA offers a way to stop drinking to individuals who feel they have that problem. There are commu­nity programs listed in local phone books.

American Council on Alcoholism
www.aca-usa.org

The service provides referrals to alcoholism treatment programs nationwide and distributes written materials.

National Council on Alcoholism and Drug Dependence Hopeline
www.ncadd.org

This organization provides written information on alcohol and drug abuse and referrals to treatment and counseling services nationwide.

National Drug and Alcohol Treatment Referral Service
www.ncadi.samhsa.gov

Center for Substance Abuse Treatment
www.csat.samhsa.gov

(800) 527-5344 Alcohol Helpline
(800) COCAINE Helpline
(877)-A-LIFE-4U Marijuana Helpline
(800) 662-HELP National Drug and Alcohol Treatment