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Developed by: Colorado Department of Transportation Office of Transportation Safety

COLORADO DEPARTMENT OF TRANSPORTATION. Developed by: Colorado Department of Transportation Office of Transportation Safety. Reasonable Suspicion Referral for Testing for Alcohol And Drugs As required by the State of Colorado Alcohol and Drug Policy and U.S . Department of Transportation.

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Developed by: Colorado Department of Transportation Office of Transportation Safety

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  1. COLORADO DEPARTMENT OF TRANSPORTATION Developed by: Colorado Department of Transportation Office of Transportation Safety Reasonable Suspicion Referral for Testing for Alcohol And Drugs As required by the State of Colorado Alcohol and Drug Policy and U.S. Department of Transportation

  2. Learning Objectives Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? • What is Reasonable Suspicion? • Who is subject to Reasonable Suspicion? • List the kinds of substance testing available. • Explain the importance of timelines. • Properly complete form #946a

  3. Why Are We Here? Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? All supervisors and managers employed by the State of Colorado must be trained in the signs and symptoms Reasonable Suspicion.

  4. What is Reasonable Suspicion? Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? Reasonable Suspicion is suspicion of substance use (alcohol and other drugs) based on specific, objective observations that can be described clearly by a supervisor or manager.

  5. What Are Objective Observations? Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? • Objective observations are what is currently occurring with the employee. • Objective observations are the, behavior, body odors, appearance, speech, and other observations about the employee.

  6. What Are Objective Observations? Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? The supervisor must document all observations before requesting permission to test employee for substance testing under reasonable suspicion.

  7. What Kinds of Substance Testing Are There? Breath test for Alcohol Urine tests for: Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing? • Amphetamines • Cocaine • Marijuana • Opiates • Phencyclidine (PCP)

  8. What are the Deadlines for Testing? • Alcohol testing should be done within 2 hours of observations, but must be performed within 8 hours of observations. • A written explanation must be kept on file when testing isn’t performed within two hours, and when testing is not performed within the 8-hour timeframe. • Reasonable Suspicion testing must be performed on the same workday the observations are made. Learning Objectives Why Are We Here? What Is Reasonable Suspicion? What Are Objective Observations? What Kinds of Testing Are There? What Are Deadlines for Testing?

  9. Common Observable Behaviors Common observable behaviors Things To Remember • Odor on the breath • Intoxication • Glazed appearance of the eyes • Uncharacteristically passive or combative/argumentative behavior • Irritability, Flushed skin, Loss of memory

  10. Common Observable Behaviors Common observable behaviors Things To Remember • Marijuana • Not legal in the workplace • Not legal at the Federal level • Not a defendable result for CDL holders

  11. Common Observable Behaviors Common observable behaviors Things To Remember • Odor of use • Rapid, loud talking and bursts of laughter in early stages of intoxication. • Sleepy or stuporous in the later stages. • Forgetfulness in conversation. • Poor memory; attention to detail. • Redness in whites of eyes, but pupils unlikely to be dilated.

  12. Common Observable Behaviors Common observable behaviors Things To Remember

  13. Common Observable Behaviors Common observable behaviors Things To Remember

  14. COLORADO DEPATMENT OF TRANSPORTATION Break

  15. Things to Remember • Alcohol is a legal drug as long as the employee is not violating USDOT regulations or state or CDOT rules (PD 81.1). • Marijuana is classified as a Schedule I substance and illegal at the federal level. CDL holders are governed by federal rules. • Marijuana is legal in Colorado, but not legal in the in the workplace. Common observable behaviors Things To Remember

  16. Things to Remember • Your job is not to diagnose a substance abuse problem. • Your job is to make objective observations and perform the reasonable suspicion process. Common observable behaviors Things To Remember

  17. Things to Remember • More than one indicator should be present for reasonable suspicion to exist. However, the smell of alcohol on breath is sufficient as a single indicator. • Once the reasonable suspicion process begins, it must be completed without interruption. Common observable behaviors Things To Remember

  18. Things to Remember • Some medical conditions (such as diabetes) can mimic signs of alcohol use. • Employees may be referred to C-SEAP at any time, although it is voluntary for them to go. Common observable behaviors Things To Remember

  19. What To DO First . . . What To Do First Refer for Testing Additional Considerations • Observe employee behaviors. Is substance use indicated? Be fair and objective. • Call 9-1-1 if necessary (medical situation) • Fill out CDOT’s Reasonable Suspicion form 946a • Contact your appointing authority or designee for permission to test employee

  20. Refer for Substance Testing What To Do First Refer for Testing Additional Considerations • Discuss with appointing authority or designee whether to refer for testing. • Proceed with substance testing if approved by appointing authority.

  21. Refer for Substance Testing What To Do First Refer for Testing Additional Considerations • Employee must be notified verbally or in writing that their test is required by federal law. • The supervisor shall escort the employee to the drug testing collection location. It is prohibited to allow employee to self-transport to drug testing collection location.

  22. Additional USDOT Considerations What To Do First Refer for Testing Additional Considerations • Employees and CDL holders may take prescribed drugs if their physician advises the employee and the CDL holder that the drug will not adversely affect their ability to safely operate their vehicle or commercial motor vehicle.

  23. Additional USDOT Considerations What To Do First Refer for Testing Additional Considerations • CDOT requires CDL holders to report therapeutic drug use to their supervisor (PD 81.1). • The Federal government does not recognize medical marijuana as a valid medical treatment, so it is not a defense in a USDOT positive for marijuana test result.

  24. COLORADO DEPATMENT OF TRANSPORTATION Break

  25. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 1. Observes the appearance, behavior, speech or body odors of employee as indicators of possible prohibited conduct. 2. Removes the employee from the performance of safety-sensitive duties when observed behaviors warrant reasonable suspicion testing. SELF-DISCLOSURE BY THE EMPLOYEE IS PROHIBITED WHEN USED TO AVOID REASONABLE SUSPICION TESTING. - CDOT Procedural Directive 81.1

  26. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 3. Identifies and documents the reasonable suspicion observations (CDOT form 946a). Two or more supporting observable behaviors should be documented. Ask the employee whether there is a reason for their current behavior. 4. Contact the Appointing Authority or their designee, to review observations and obtain concurrence to proceed with reasonable suspicion testing.

  27. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 5. The Appointing Authority or their designees reviews observation documentation (CDOT 946a) with supervisor. 6. Based on observations, approval to proceed with testing, or denial to proceed with testing is given.

  28. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 7. Once the Appointing Authority or the designee’s approval to proceed is given the supervisor will take the employee for a test. The supervisor will explain to the employee, in a confidential manner, that he/she is being required to accompany the supervisor for a reasonable suspicion test for alcohol and drugs as determined by the observations made and the possible causes for those behaviors.

  29. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 8. The supervisor will arrange for the employee to be taken to the collection site for testing. Under no circumstances shall the employee be allowed to drive to or from the test site on their own. 9. The supervisor shall complete CDOT form 1200 and provides the form (s) to the employee.

  30. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 10. Proceeds to the test site with supervisor, photo identification and cooperates in completing the test procedures. ANY EFFORTS TO AVOID TESTING OR TAMPER WITH THE TESTING PROCESS WILL RESULT IN A REFUSAL TO TEST, AND A POSITIVE TEST RESULT. 49CFR 40.285, CDOT PD 81.1

  31. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 11. Consults with Appointing Authority, or designee, on alcohol test results prior to taking further action concerning the return of the employee to work or arranging transportation home. 12. Arranges transportation home for the employee who has tested positive for alcohol, or exhibiting behavior that risk employee injury in the workplace.

  32. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 13. Informs the Appointing Authority or their designee immediately of positive alcohol results and sends all alcohol test results to the MRO. 14. Processes the collected urine test samples and forwards them to the testing laboratory for analysis.

  33. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Testing Laboratory Medical Review Officer (MRO) 15. Conducts the appropriate controlled substance screening tests. 16. If the initial screening tests are positive, performs more sophisticated confirmatory testing of the sample using Mass Spectrometer/Gas Chromatography testing equipment. 17. Forwards the test results to the MRO.

  34. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 18. Communicates all negative controlled substance test results to the Appointing Authority or their designee. 19. If test results are positive, the MRO will immediately attempt to contact the affected employee by telephone. 20. If, after reasonable attempts to contact the affected employee, the MRO is unable to do so, he/she notifies the Appointing Authority or their designee. They must now continue to make immediate reasonable attempts to contact the affected employee.

  35. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 21. Attempts to contact the affected employee, as soon as practicable, to let him/her know that he/she has 72 hours to contact the MRO. The Appointing Authority or their designee then notifies the MRO when contact with the employee has been made.

  36. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 22. Contacts the MRO within 72 hours to provide an explanation, if any, for a positive test finding. Failure to contact the MRO within 5 days will result in a positive test result being reported to the Appointing Authority or designee.

  37. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 23. Gives the affected employee an opportunity to explain a positive test finding to the MRO, or for the MRO to require additional testing if warranted. 24. Reports the positive test findings as negative to the Appointing Authority or their designee if the employee’s explanation is medically satisfactory to the MRO. 25. Provides a positive report to the Appointing Authority or their designee if the employee’s explanation of the positive result is not satisfactory.

  38. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 26. Elects, at his/ her discretion, to have the split portion of the sample tested at a different certified lab for the presence of any positive drug findings. 27. Makes necessary arrangements with the MRO to have the split sample analyzed, within the 72-hour allowable time frame.

  39. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 28. Directs the split sample to be tested for the presence of the illicit drug (s) previously reported, at a second certified lab as directed the employee. 29. Reports the findings from the second laboratory to the departmental Appointing Authority or their designee and the employee.

  40. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 30. On receiving positive test results on the employee, the Appointing Authority or designee immediately removes the employee from all safety-sensitive duties. 31. The employee is provided the contact information to a referral service for Substance Abuse Professionals. 32. A R-6-10 is set for the earliest possible date to gather information surrounding the policy violation.

  41. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 33. The employee must contact the referral service and make an appointment with a Substance Abuse Professional (SAP). 34. The employee must inform the Appointing Authority or designee of the name, date, time, and location of the scheduled SAP appointment within 10 working days of receiving the SAP referral information from the Appointing Authority of designee.

  42. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 35.The SAP conducts an evaluation to determine the substance dependency level of the employee. 36. The SAP develops a treatment plan (Plan) for the employee based on the evaluation. 37. The SAP communicates with the Appointing Authority or designee regarding the employee’s progress towards completing the Plan.

  43. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 38. The SAP informs the Appointing Authority or designee when a Return-to-Duty substance test can be conducted, and the number of Follow-up substance test to be conducted by CDOT. 39. The Appointing Authority or designee schedules the employee for a Return-to-Duty substance test based on the SAP communication.

  44. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 40. The employee performs the Return-to-Duty substance test for both alcohol and drugs. 41. The Return-to-Duty substance test results must be negative for both alcohol and drugs before the employee can resume performing their safety-sensitive duties. 42. The employee must complete all scheduled Follow-up substance testing with negative results. (interactive discussion on how this is done and by whom)

  45. CDOT Reasonable Suspicion Process Review & Questions

  46. Role-play • Forms are part of the hand outs, we will have them fill out the 946a form, and do a role play if time allows

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