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controlled substances and alcohol use testing regulations for management

controlled substances and alcohol use testing regulations for management

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controlled substances and alcohol use testing regulations for management

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    1. CONTROLLED SUBSTANCES AND ALCOHOL USE TESTING REGULATIONSFOR MANAGEMENT

    2. References: Part 382 Controlled Substances and Alcohol Use and testing regulations http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm Part 40 Procedures for transportation workplace drug and alcohol testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.htmReferences: Part 382 Controlled Substances and Alcohol Use and testing regulations http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm Part 40 Procedures for transportation workplace drug and alcohol testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.htm

    3. Critical Information This presentation outlines important U.S. regulations. Employer MUST ensure that all regulations are followed by drivers Employer is responsible for any violation committed by a driver

    4. Additional Information Attached to each slide of this presentation are specific notes which include where you can view detailed information.

    5. Applicability Employers and drivers who operate CMVs in the U.S. and are subject to: Commercial drivers license requirements Licencia Federal de Conductor requirements Commercial drivers license requirements of the Canadian National Safety Code 382.103 Applicability http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.103.htm 382.103 Applicability http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.103.htm

    6. Applicability Employer who employs self as driver: MUST comply with requirements as both employee and employer MUST be in a consortium of two or more employees in the random testing selection pool 382.103 Applicability http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.103.htm 382.103 Applicability http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.103.htm

    7. Preemption Controlled Substance and Alcohol testing rules have priority over all U.S. state and local law except when criminal action is being taken for acts of reckless conduct. 382.109 Preemption of State and local laws http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.109.htm 382.109 Preemption of State and local laws http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.109.htm

    8. Prohibitions Alcohol Concentration above the legal limit set by the FMCSA On-duty use Pre-duty use Use following an accident Part 382 Subpart B http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm Alcohol Concentration http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.201.htm On-duty use http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.205.htm Pre-duty use http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.207.htm Use following an accident http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.209.htm Part 382 Subpart B http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm Alcohol Concentration http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.201.htm On-duty use http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.205.htm Pre-duty use http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.207.htm Use following an accident http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.209.htm

    9. Controlled Substance Testing If a driver tests positive for a controlled substance: 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 be required to inform the employer of any therapeutic drug use 382.215 Controlled substances testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.215.htm 382.501 Removal from safety-sensitive function. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.501.htm 382.215 Controlled substances testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.215.htm 382.501 Removal from safety-sensitive function. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.501.htm

    10. Employer Responsibilities Compliance with Part 40 Officials, Representatives and Agents Agreements and arrangements, written and verbal 40.11 What are the general responsibilities of employers under this regulation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.11.htm40.11 What are the general responsibilities of employers under this regulation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.11.htm

    11. Employer Responsibilities Immediately remove employee from safety sensitive 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 .04 40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm

    12. Temporarily remove employee from safety sensitive functions after receipt of: Alcohol test between 0.02 and 0.39 A diluted specimen Invalid drug test requiring a 2nd collection under direct observation 40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm

    13. MUST direct an immediate re-test after receipt of a cancel test when a negative test result was required MUST not alter a drug or alcohol result Employer Responsibilities 40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm 40.23 What actions do employers take after receiving verified test results? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.23.htm

    14. Substance Abuse Professional Evaluates employees who have violated a DOT drug and alcohol regulation Makes recommendations about education, treatment, follow-up testing and after care Subpart O -- Problems in Alcohol Testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.htm 40.281 - Who is qualified to act as a SAP? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.281.htm 40.283 - How does a certification organization obtain recognition for its members as SAPs? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.283.htm 40.285 - When is a SAP evaluation required? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.285.htm 40.287 - What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.287.htm 40.289 - Are employers required to provide SAP and treatment services to employees? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.289.htm 40.291 - What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.291.htm 40.293 - What is the SAP's function in conducting the initial evaluation of an employee? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.293.htm 40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.295.htm 40.297 - Does anyone have the authority to change a SAP's initial evaluation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.297.htm 40.299 - What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.299.htm 40.301 Follow up evaluation by SAP http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.301.htm 40.305 Concluding return to duty process http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.305.htm 40.307 Prescribing follow-up tests http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.307.htm 40.309 Employers responsibility for follow-up tests http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.309.htm 40.311 SAP reports http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.311.htm 40.313 Additional information on SAP functions http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.313.htm Subpart O -- Problems in Alcohol Testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.htm 40.281 - Who is qualified to act as a SAP? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.281.htm 40.283 - How does a certification organization obtain recognition for its members as SAPs? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.283.htm 40.285 - When is a SAP evaluation required? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.285.htm 40.287 - What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.287.htm 40.289 - Are employers required to provide SAP and treatment services to employees? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.289.htm 40.291 - What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.291.htm 40.293 - What is the SAP's function in conducting the initial evaluation of an employee? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.293.htm 40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.295.htm 40.297 - Does anyone have the authority to change a SAP's initial evaluation? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.297.htm 40.299 - What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.299.htm 40.301 Follow up evaluation by SAP http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.301.htm 40.305 Concluding return to duty process http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.305.htm 40.307 Prescribing follow-up tests http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.307.htm 40.309 Employers responsibility for follow-up tests http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.309.htm 40.311 SAP reports http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.311.htm 40.313 Additional information on SAP functions http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.313.htm

    15. Consequences For Drivers In Alcohol Use Related Conduct No driver with an alcohol concentration between 0.02 and 0.39 shall drive for at least 24 hours after being tested 382.503 Required evaluation and testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.503.htm382.503 Required evaluation and testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.503.htm

    16. Required Tests Pre-employment (Controlled Substances Test only) Post Accident Random Reasonable Suspicion Return to Duty Follow-Up Part 382, Subpart C http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm 382.301 Pre-employment testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.301.htm 382.303 Post-accident testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.303.htm 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm 382.309 Return-to-duty testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.309.htm 382.311 Follow-up testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.311.htmPart 382, Subpart C http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.htm 382.301 Pre-employment testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.301.htm 382.303 Post-accident testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.303.htm 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm 382.309 Return-to-duty testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.309.htm 382.311 Follow-up testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.311.htm

    17. Pre-Employment Testing Driver shall not perform a safety sensitive function (including driving) until a negative controlled substance test result is received. 382.301 Pre-employment testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.301.htm 382.301 Pre-employment testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.301.htm

    18. Post-Accident Testing After an accident each employer shall test each surviving driver for alcohol and controlled substances when the following apply: 382.303 Post-accident testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.303.htm382.303 Post-accident testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.303.htm

    19. If after an accident, a driver needs to be tested, the alcohol test shall be done within 8 hours of the accident and the controlled substance test, shall be performed within 32 hours. Post-Accident Testing

    20. Accidents An Accident means: 1) An occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (1)(i) A fatality; (1)(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (1)(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

    21. Random Testing Every driver shall submit to random alcohol and controlled substance testing Every employer shall comply with random testing requirements 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm

    22. Random Testing Companies must randomly test drivers at a minimum annual percentage rate of: 10% of the number of drivers for alcohol testing 50% for controlled substances testing 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm

    23. Random Testing The random alcohol test must be given immediately before, during or after a driver performs a safety sensitive function (including driving) All drivers must have an equal chance of selection by a scientifically valid method, such as: - Random number table - Computer based random number 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm 382.305 Random testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.305.htm

    24. Reasonable Suspicion Testing A driver MUST submit to an alcohol and/or controlled substance test if there is reasonable suspicion that the prohibitions concerning alcohol and/or controlled substances have been violated. 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm

    25. Reasonable Suspicion Testing 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) 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm 382.307 Reasonable suspicion testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.307.htm

    26. Return-To-Duty Testing An employer shall ensure that before a driver returns to duty: Drivers return-to-duty alcohol test indicates an alcohol concentration of less than 0.02 Drivers return-to-duty controlled substances test indicates a negative result 382.309 Return-to-duty testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.309.htm 382.309 Return-to-duty testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.309.htm

    27. Follow-Up Testing Substance Abuse Professional 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 month Driver may be subject to testing for a maximum of 60 months 382.311 Follow-up testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.311.htm 382.311 Follow-up testing http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.311.htm

    28. Refusal to Submit No driver shall refuse to submit to a required test No employer shall permit a refusing driver to perform safety sensitive functions 382.211 Refusal to submit to a required alcohol or controlled substances test http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.211.htm382.211 Refusal to submit to a required alcohol or controlled substances test http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.211.htm

    29. Urine Collection Personnel Must meet training requirements Must not work for a U.S. Department of Health and Human Services certified laboratory Must not be immediate supervisor of employee being tested unless: No other collector is available Permitted to do so by DOT agency drug/alcohol regulations 40.31 Who may collect urine specimens for DOT drug testing? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.31.htm 40.31 Who may collect urine specimens for DOT drug testing? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.31.htm

    30. Urine Collector Training Requirements Receive qualifications training Complete 5 error-free mock collections Meet schedule for qualifications training and proficiency demonstration Be knowledgeable about: Part 40 (including any changes) DOT urine specimen collection procedures 40.33 What training requirements must a collector meet? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.33.htm40.33 What training requirements must a collector meet? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.33.htm

    31. Urine Collections Site MUST meet security requirements No one except employee may be present in room during collection (except in directly observed test) MUST have: All necessary personnel Materials and equipment Temporary storage and shipping of specimen to laboratory Clean surface for writing 40.41 Where does a urine collection for a DOT drug test take place? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.41.htm 40.41 Where does a urine collection for a DOT drug test take place? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.41.htm

    32. Urine Collection Forms MUST use current Federal Drug Testing Custody and Control Form (CCF) to document every urine collection MUST use a five-part carbonless manifold CCF May NOT use Federal Form for non-DOT collection 40.45 What form is used to document a DOT urine collection? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.45.htm 40.47 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.47.htm 40.45 What form is used to document a DOT urine collection? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.45.htm 40.47 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.47.htm

    33. Spanish Equivalent May use an equivalent Spanish version of the Custody and Control Form ONLY when both the employee and collector can understand and use the form in Spanish. 40.45 What form is used to document a DOT urine collection? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.45.htm 40.45 What form is used to document a DOT urine collection? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.45.htm

    34. What Laboratories Can Be Used? ONLY laboratories certified by the U.S. Department of Health and Human Services under the National Laboratory Certification Program (NLCP) To view approved drug testing labs: http://www.health.org/workplace 40.81 What laboratories may be used for DOT drug testing? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.81.htm 40.81 What laboratories may be used for DOT drug testing? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.81.htm

    35. Controlled Substances Laboratories MUST test for: Marijuana Cocaine Opiates Amphetamines Phencyclidine (PCP) Part 40, Subpart F 40.85 What drugs do laboratories test for? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.85.htm Part 40, Subpart F 40.85 What drugs do laboratories test for? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.85.htm

    36. Lab Summaries Laboratory semi-annual statistical summaries MUST be sent to employer by: Jan. 20th for July 1st Dec. 31st of previous year July 20th for Jan. 1st June 30th of current year Laboratory MUST release summary information: When requested by employer in response to an inspection, audit or review by a DOT agency To appropriate parties 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.111.htm 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.111.htm

    37. Record Retention Employer shall maintain records of alcohol misuse and controlled substance use prevention programs Records shall be maintained in a secure location with controlled access 382.401 Retention of records. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm 382.401 Retention of records. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm

    38. Record Retention Records kept for 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 382.401 Retention of Records http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm 382.401 Retention of Records http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm

    39. Record Retention Records kept for two years Records related to the collection process Records kept for two years Negative or cancelled drug test results Alcohol test results showing a 0.02 BAC or less Records kept indefinitely Education and training records 382.401 Retention of Records http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm 382.401 Retention of Records http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.401.htm

    40. Access To Records 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 382.405 Access to facilities and records. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.405.htm 40.331 To what additional parties must employers and service agents release information? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.331.htm 382.405 Access to facilities and records. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.405.htm 40.331 To what additional parties must employers and service agents release information? http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.331.htm

    41. Previous Employer Inquiries Can only be requested with written consent of employee Employer must request information regarding a new employee from all DOT-regulated employers from the previous 2 years Employer must remove driver if information is not obtained in 30 days (unless good faith effort is documented) 40.25 Previous Employment Inquiries http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.25.htm 40.25 Previous Employment Inquiries http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.25.htm

    42. Previous Employer Inquiries Information released to an employer MUST be maintained in writing Previous employer MUST immediately release information after reviewing written consent Information received MUST be retained for 3 years 40.25 Previous Employment Inquiries http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.25.htm 40.25 Previous Employment Inquiries http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/40.25.htm

    43. Employer MUST ask an applicant about pre-employment tests or refusals during the previous two years in which the applicant did not obtain a job If the applicant had any positive tests or refusals, the applicant MUST have documented completion of the return-to-duty process Previous Employer Inquiries 382.605 Referral, evaluation, and treatment. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.605.htm382.605 Referral, evaluation, and treatment. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.605.htm

    44. Employer Obligations Employers shall provide materials explaining the regulation requirements and the employers policies regarding alcohol misuse and controlled substances abuse. Subpart F - Alcohol Misuse and Controlled Substances Use Information, Training, and ReferralSubpart F - Alcohol Misuse and Controlled Substances Use Information, Training, and Referral

    45. Employer Obligations Materials shall be given to each driver before the start of alcohol and controlled substance testing Employer shall provide written notice of the availability of this information to representatives of employee organizations 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm

    46. Employer/Driver Discussions Detailed discussions with drivers should include: Identity of person to answer drug/alcohol related questions Which drivers are subject to the requirements, what is prohibited and what a safety sensitive function is When and how a driver would be tested 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm

    47. Detailed discussions with drivers should include: Drivers requirements to submit to testing and what constitutes a refusal Consequences for drivers that violate testing requirements Effects of alcohol misuse and drug use on health, work and personal life 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.601.htm

    48. Supervisor Training Employer shall ensure that all supervisors receive: At least 60 minutes of alcohol misuse training At least 60 minutes of controlled substance use training 382.603 Training for supervisors. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.603.htm 382.603 Training for supervisors. http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.603.htm

    49. 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 substances use: Behavioral Speech Performance Recurrent training not required for supervisors 382.603 Training for supervisors http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.603.htm382.603 Training for supervisors http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/382.603.htm

    50. In Conclusion Remember: training is essential and in this field, you can lose your license to operate in the US if your drivers and/or staff do not follow these regulations. Thank you for your time and attention.