Motor Fleet Drug/Alcohol
Employer shall ensure that all supervisors receive...
- At least 60 minutes of alcohol misuse training - At least 60 minutes of controlled substance use training
If a driver tests positive for a controlled substance...
- The driver shall not report to duty, remain on duty or perform safety sensitive functions (employer shall not permit the driver to perform safety sensitive functions) - A driver may have to inform the employer of any therapeutic drug use
What is the minimum annual percentage rate for random testing for drivers?
-10% of the number of drivers for alcohol -50% for controlled substances
Records Retention: 5 Years
-Alcohol test results showing a 0.02 BAC or greater -Positive drug test results -Refusals to submit to required tests -Driver evaluations and referrals -Required calibration of breath testing devices -Copy of each calendar year summary
Prohibitions
-BAC above the legal limit set by the FMCSA -On-duty use -Pre-duty use -Use following an accident
Reasonable suspicion MUST be based on specific observations of the supervisor or company official concerning the drivers...
-Behavior -Speech -Body Odor (such as marijuana or alcohol)
Substance Abuse Professional (SAP)
-Evaluates employees who have violated DOT drug and alcohol regulation -Makes recommendations about education, treatment, follow-up testing and after care
Labs must test for...
-Marijuana -Cocaine -Opiates -Amphetamines -Phencyclidine (PCP)
Required Tests
-Pre-employment (controlled substance test only) -Post accident -Random -Reasonable suspicion -Return to duty -Follow-up
How must employers ensure that all drivers have an equal chance of selection is random testing?
-Random number table -Computer based random number
Record Retention: 2 Years
-Records related to the collection process -Negative or cancelled drug test results -Alcohol test results showing a 0.02 BAC or less
Follow-Up Testing
-SAP will set up a follow-up testing plan -Employer MUST ensure that the plan is carried out -A minimum of 6 tests MUST be conducted in the first 12 months -Driver may be subject to testing for a maximum of 60 months
Information must be released if...
-Specific written consent is received from employee -Requested by a DOT agency -Requested by the National Transportation Safety Board -Requested by federal, state or local safety agency
Supervisor Training
-Training will be used to help determine whether reasonable suspicion exists to require a driver to be tested -Training shall include probable indicators of alcohol misuse and controlled substance use (behavioral, speech, performance) -Recurrent training not required for supervisors ("one-time training")
Employer who employs self as driver (in regards to drug/alcohol testing) MUST...
-comply with requirements as both employee and employer -be in consortium of two or more employees in the random testing selection pool
No driver with an alcohol concentration between ___ and ___ shall drive for at least ___ hours after being tested.
0.02 and .39 24
When should an employee be temporarily removed from safety sensitive functions?
After receipt of: -Alcohol test between .02 and .39 -A diluted specimen -Invalid drug test requiring a 2nd collection under direct observation
When should an employee be immediately removed from sensitive safety functions (until return to duty process is completed)?
After receipt of: -Positive drug test results -Verified tainted or substituted drug test results -Alcohol test greater than a .04
If after an accident, a driver needs to be tested for alcohol within _____ and for controlled substances within _____.
Alcohol - 8 hours Controlled Substance - 32 Hours
Safety Sensitive Function
All time from the time a driver begins to work or he is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work.
Record Retention: Indefinitely
Education and training records
The random alcohol test must be given when?
Immediately before, during or after a driver performs a safety sensitive function
