OSH 360 exam two
Prohibited behaviors
.04 BAC on duty, using alcohol while on duty, using alcohol within 4 hours of duty, using alcohol within 8 hours of an accident, or until he/she undergoes a post-accident test). Using or being under the influence of a schedule one (prohibited drugs) drug while on duty Using using unprescribed scheduled drugs by DOT
60-hour/7-day limit
A driver cannot drive after having been on duty for 60 hours in any 7 consecutive days A driver may do non-driving related work after reaching the limit, but the hours must be added to the total
70-hour/8-day limit
A driver cannot drive after having been on duty for 70 hours in any 8 consecutive days driver may do non driving work after reaching the limit, but the hours must be added to the total
Who must follow Hours-of-service regulations
All motor carriers and drivers for commercial motor vehicles (CMV) that transport property or passengers in interstate commerce
on-duty time continued
All time (other than driving time) in or upon any commercial motor vehicle except: •time resting in a sleeper berth, •Time resting in a parked vehicle, and •up to 2 hours riding in the passenger seat of a moving vehicle immediately before or after spending at least 8 consecutive hours in a sleeper berth
on-duty time
All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved by his/her motor carrier All time inspecting equipment or inspecting, servicing or conditioning any motor vehicle All driving time All time repairing, obtaining assistance, or remaining in in attendance upon a disabled commercial motor vehicle All time spent providing a breath sample or urine specimen, including travel time to and from the place Performing any compensated work for any non-motor carrier entity
11 hour driving rule
All time behind the wheel is driving time Must have 10 consecutive hours of rest after 11 hours driving time
34-hour restart
Any period of 7/8 may end with the start of a 34-hour off-duty period Can be used even if 60/70 hour limit has been exceeded
Designated Employer Representative
As defined in 49 CFR Part 40, the Designated employer representative (DER) is an employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes.
Applicability
CMV drivers who are subject to CDL rules covered by Part 382 (§382.103) GVWR (gross vehicle weight rating) or GVW 26,001 lbs. or more GCWR (gross combination weight rating) or GCW ≥ 26,001 lbs. with trailer of 10,001 lbs. or more Above 10,000 lbs cargo securement applies and above 26,000 lbs drug and alcohol testing applies.
Consortium/TPA
Consortium/Third-Party Administrators (C/TPAs) manage all, or part, of an employer's DOT drug and alcohol testing program, sometimes including maintaining required testing records.
60-hour/7-day and 70-hour/8-day limit do not apply to
Driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days The CMV driver (who is used primarily in the transportation of construction materials and equipment) Driver in Alaska
Exemptions
Drivers of agricultural vehicles Railroad signal employees Drivers of agricultural operations
Follow-Up testing
Drivers subject to follow-up testing must remain in the standard random pool and must be tested whenever their names come up for random testing, even if this means being tested twice in the same day, week, or month.
Process Involving Prohibitions
IMMEDIATELY remove driver from Safety sensitive position Provide SAP referral Follow company policy and driver contracts or agreements, and be aware of state laws
Hours-of-service regulations
Transporting hazardous materials in a type and quantity which require placarding
Compliance Review
When a carrier is selected for a compliance review (audit), the carrier is notified by the FMCSA that the audit will take place in a certain number of days.
emergency situation,
a driver may complete his/her run without being in violation if the run could normally be completed within the hours-of-service limitation
On-road violations
§392.5(a) possession/use while on duty or within 4 hours of duty/under influence alcohol §392.4(a) Driver uses or is in possession of drugs §392.5(c)(2) Violating Out-of-Service order pursuant to 392.5(a) or (b)
short hall exceptions
150-air-mile-radius exception 16-hour short-haul exception Non-CDL-driver short-haul exception
requirements about random testing are the same for both alcohol and drug testing
50% tested for drugs annually (current percentage) 10% tested for alcohol annually
30 minute break
A 30-minute break from driving is required after accumulating 8 hours of driving time if the driver will continue to drive a CMV May do non-driving work after 8 hours without the break (may remain on duty (not driving) for their breaks).
exemptions to 11 hour driving rule
A driver who encounters adverse conditions, on a run that could normally be completed within 11 hours, is allowed an additional 2 hours of driving to complete the run or reach a place offering safety
Who must follow hours-of-service regulations - CMV
A gross vehicle weight rating, gross vehicle weight, gross combination weight rating, or gross combination weight of 10,001 or more, whichever is greater Designed to transport 16 or more passengers, including the driver, or 9-15 passengers for compensation and being operated beyond a 75 air-mile radius from the driver's normal work-reporting location
Reasonable Suspicion Testing
A trained company supervisor sees and can document articulable signs of drug or alcohol use(document should always be done) Supervisor training must include (§382.603): 60 minutes on signs of alcohol misuse 60 minutes on signs of drug use The training shall include the physical, behavioral, speech, and performance indicators of problems. No "recurrent training training" requirement, however...
Random Testing
ALL drivers must be in drawing pool ( temporary, casual, part-time, mechanics that drive, drivers on leave or layoff, etc.) (drivers have been on leave less than 30 days) MRO is medical review officer and determines results of the random testing
Post-Accident Testing
Fatality (regardless of whose facts of the death) An involved vehicle must be towed and your driver was cited for a moving violation (the police officer will tell you whose at fault). Someone needed immediate medical care away scene and your driver was cited moving violation
Reasonable Suspicion Testing: Who is Able to Make this Call
However, it is a good business practice to have at least two qualified supervisors or company officials witness the conduct.(Good business practice to have at least two) Driver can sue if use wrong judgement.
random testing test notifications
Make sure driver is available to report, and reports "immediately" or "as soon as possible" to test site(can drive themselves to the test) Should you/can you test off-duty drivers? Drug you can Alcohol you cannot
The regulations require 5-panel testing for the following classes of substances
Marijuana Cocaine Amphetamines and methamphetamines Opiates Phencyclidine - PCP Alcohol
14-hour rule
May not drive after the 14th consecutive hour after coming on duty because the 14-hour period is consecutive, it includes all driving time, on-duty time, and off-duty time (such as lunch breaks). Off-duty time does not extend the 14-hour day
Employers can use C/TPA to take some of the burden
Must still DER a DER -and take actions in-house (C/TPA can't be DER) Still responsible for compliance, everything from collection sites to MROs (medical review office)
what is not allowed with random testing
Only having "some" drivers in drawing pool Alphabetical selection Picking by seniority Drawing names out of a hat or "picking" drivers Tests based on suspicion or "just because"
Return-to-Duty Process
Return-to-duty process not company specific Driver can start process at one carrier and complete at another Background checks checks in §391.23 are critical in locating drivers that previously failed or refused and have not completed process Enforced Drug and Alcohol clearinghouse Database will provide additional visibility It is required by employers to provide employers information regarding
Return-to-Duty testing and Follow-Up testing
Return-to-duty test must be passed before placing driver back into safety-sensitive function
If driver to be return to service (all steps passed and documented)
SAP evaluation and treatment (substance abuse professional) Return-to-duty test Follow-up testing
Reasonable suspicion testing
Specific Contemporaneous Articulable if the driver slurs their speech, and they are imbalanced when walking. Observation
SAP Professionals
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
The DOT Drug and Alcohol Clearinghouse
The DOT Drug and Alcohol clearinghouse will capture data on CDL drivers that tested positive or refused a DOT-required test
Random Testing vs. Reasonable Suspicion Testing
The major difference is that you have to do it with valid reasoning or else its against the law
sleeper-berth provisions
The provisions indicate how a sleeper berth may be used to obtain required rest. It allows drivers to split their 10-hour rest breaks into two separate, qualifying breaks
Documentation
Use of a Reasonable Suspicion checklist Where possible second opinion May take time to document observations Action should proceed with directing employee in for test No excuse
Designated Employer Representative
administer the Drug and Alcohol Program. Being the Liaison with drug and alcohol testing service agents. The DER is informed of every test and its result. The DER performs the functions necessary according to the results of the tests and are authorized by employer to take immediate action(s) - To remove employees from safety sensitive duties - To make necessary decisions in the testing and evaluation process - Receives test results and other communications for the employer Also responsible for training
Post-Accident Testing: when to test
alcohol: Within 2 hours, or 8 hours max. if 2 hour not possible Drugs: Within 32 hours
split break
drivers must spend at least 7 consecutive hours in a sleeper berth, plus another rest break of at least 2 hours, to reach 10 hours total. Neither rest period counts against the 14-hour limit.
Split sample
for confirmation of positive drug test results is allowed if requested by driver (no "second collection" allowed) within 72 hr. (Required by DOT)
DOT alcohol tests
identify alcohol concentration of 0.02 and greater
Pre-employment Tests
if away from job more than 30 days All new employees (permanent or temporary )/employers just starting to drive CMVs that require CDLs required to conduct pre-employment tests each time a driver return to work after a layoff period
Required drug test is urinalysis ("DOT Five Panel")
laboratory analysis of the urine specimen for the presence of drugs (published online by health and human services)
what are the different ways alcohol testing can be done.
saliva/Evidential Breath Testing device (EBT) confirmation or EBT screening and confirmation (urine alcohol testing is not recommended because it is not accurate) (breathing testing must be done by trained professional)
Return to Duty Testing
the driver has violated the DOT drug or alcohol prohibitions This can only occur at the SAP(substance abuse professional, also must meet dot requirements) An alcohol test must indicate a breath alcohol concentration of less than .02. A drug test must indicate a verified negative result. A Return to Duty test should not be used when an employee has been on leave (30 days or longer)
Local Christmas deliveries:
the maximum driving time does not apply to a driver of a vehicle engaged solely in making local deliveries from retail stores to the ultimate consumer when he/she is driving within the 1. 00 air-mile radius of his/her work location during the period from December 10 through 25
Compliance Review Violations: Acute
§382.115(a) Failing to implement an alcohol and/or drug testing program (number one acute violation) §382.215 Using a driver who has tested positive for a drug §382.211 Using a driver who refused to take drug or alcohol test §382.305(a) Failing to implement a random drug and/or an alcohol testing program §382.213(b) Using a driver known to have used a controlled substance
Compliance Review Violations: Critical
§382.301(a) Using a driver before receiving a employment result §382.305(b)(2) Failing to do random drug tests at applicable annual rate (less than 50 percent) §382.305(b)(1) Failing to do random alcohol test at applicable annual rate (less than 10 percent) §382.303(a) Failing to conduct accident testing on driver for alcohol §382.303(b) Failing to conduct post accident testing on driver for controlled substances
