CDL Employee Training

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ommercial
rivers
CDL
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EMPLOYEE DRUG/ALCOHOL TRAINING
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COMMONWEALTH OF PENNSYLVANIA CDL DRUG/ALCOHOL
TESTING POLICIES AND PROCEDURES
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COMMERCIAL DRIVER'S LICENSE
DRUG ALCOHOL TESTING

• Federal Omnibus Transportation Employee Testing
  Act of 1991
• Effective January 1, 1995
• Management Directive 505.29
• CDL Administrative Manual 505.5

• Applies to
• Vehiclesgt26,000 lbs.GVWR.
• 16 or more passengers
• Any size if placarded hazardous
  materials.

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COMMONWEALTH OF PA CDL TESTING POOL

• 6,500 EMPLOYEES
• 2000 SUPERVISORS
• 17 AGENCIES
• MONTHLY RANDOM TESTING
• 50 annual requirement--drugs
• 10 annual requirement--alcohol

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CDL ADMINISTRATIVE STRUCTURE

• OA--Statewide policy/negotiation
• PennDot--Lead agency
• Contract--Newport Alliance
• Testing-network of testing/lab providers
• Supervisory Training
• SEAP
• Evaluation/Treatment/SAPS
• Return to Duty/Follow-up testing
• Agency CDL/SEAP Coordinators

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SAFETY SENSITIVE DUTIES

• All time at worksite, waiting to be dispatched
  for CDL duties
• All time inspecting, servicing, or conditioning
  CDL equipment/vehicles
• All time driving a CDL vehicle
• All time on or in a CDL vehicle other than
  driving or in sleeper berth
• All time loading, unloading a CDL vehicle,
  supervising or assisting in loading/unloading,
  attending such a vehicle, remaining in readiness
  to operate, or giving/receiving receipts for
  shipments loaded/unloaded
• All time repairing, obtaining assistance or
  remaining in attendance upon a disabled vehicle.

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CDL TESTING REQUIREMENTS
Pre-Employment
Reasonable Suspicion
Post Accident
Random
Return to Duty
Follow-up
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CDL TESTING METHODOLOGY
ALCOHOL - EBT
CONTROLLED SUBSTANCES- SPLIT SAMPLE URINALYSIS
DRUG SCREEN DRUG CONFIRMATION
IF REQUESTED THE SPLIT SAMPLE IS RETESTED
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PRE-EMPLOYMENT TESTING

• DRUGS ONLY
• NEW HIRES
• PROMOTION INTO CDL POSITION
• REMOVAL FROM TESTING POOL FOR 30 DAYS OR LONGER

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REASONABLE SUSPICION TESTING

• SUPERVISORS MUST BE TRAINED
• FOLLOW CDL FITNESS FOR DUTY GUIDELINES
  
• ?VISUAL OBSERVATION CHECKLIST
  ?QUESTIONS FOR SUSPECTED SUBSTANCE ABUSE
  ?FOLLOW PROTOCOLS FOR POSITIVE TESTS

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POST ACCIDENT TESTING

• FATALITY or ?
• MOVING VIOLATION CITATION
• AND
• VEHICLE MUST BE TOWED OR
• INJURY REQUIRES TREATMENT AWAY FROM SCENE

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POST ACCIDENT TESTING TIMEFRAMES

• ALCOHOL TEST WITHIN 8 HOURS
  
• IF NOT DONE IN 2 HOURS, PREPARE JUSTIFICATION
• DRUG TEST WITHIN 32 HOURS
• IF NOT DONE, PREPARE JUSTIFICATION

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ACCIDENT PROTOCOLS
AGENCY POLICIES
?KNOW HOW, WHEN, AND WHO TO CONTACT REGARDING AN
ACCIDENT ?FOLLOW AGENCY POLICIES FOR REPORTING
AND DEALING WITH ACCIDENTS ?ENSURE SAFETY AND
HEALTH OF ALL INVOLVED IN ACCIDENT
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RANDOM TESTING

• VENDOR CONTROLLED
• RANDOM COMPUTERIZED SELECTION PROCESS
• 10 ALCOHOL
• 50 DRUGS

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RETURN TO DUTY TESTING
Before resuming safety sensitive duties
?Alcohol test must indicate less than .02
concentration
?Drug test must be verified negative ?SEAP and
PennDot CDL Coordinator must notify agency
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FOLLOW-UP TESTING
Once approved to return to duty, the employee
is subject to unannounced follow-up testing.
?Testing consists of at least 6 tests in the
first 12 months
??Testing shall not exceed 60 months from
the return to duty date
Type Frequency of testing determined by SAP
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SCHEDULING TESTS

• VENDOR SENDS NAMES
• SCHEDULE TEST WITHIN 72 HOURS
• TESTING SITES IN ALL COUNTIES
• FOLLOW CONFIDENTIAL PROCEDURES
• AGENCY DETERMINES NEED FOR ESCORT

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EMPLOYEE NOTIFICATION

• NO ADVANCE NOTICE
• REQUIRE PHOTO ID
• PROVIDE COP FORM
• TYPE OF TESTS
• EMPLOYEE PHONE
• EMPLOYER CONTACT, PHONE
• CHAIN OF CUSTODY/ALCOHOL FORMS
• VERIFICATION OF TESTING
• TESTING SITE PROBLEMS

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PROHIBITIONS - ALCOHOL
?Report to work or remain on duty with a
concentration of .02 or greater. ?Possession
or Use while performing duties ?Perform safety
sensitive duties within 4 hours of use.
?Consume within 8 hrs. or until undergoing
post-accident test following an accident.
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POSITIVE ALCOHOL TEST

• .02-.04 No safety sensitive duties for 24 hours
  (SEAP NOT REQUIRED)
• .04gt No safety sensitive duties until referral
  to SEAP and Clean return to duty test

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CATEGORIES OF DRUGS TESTED

• MARIJUANA
• COCAINE (crack)
• NARCOTICS/OPIATES (heroin, codeine, percodan,
  methadone, poppy)
• PCP (Pencycladine) (angel dust)
• AMPHETAMINES (speed)

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PROHIBITIONS - DRUGS
X No employer having knowledge that a driver
has used or has tested positive shall allow the
employee to perform safety sensitive
functions. X No CDL employee shall
report, remain on duty or perform safety
sensitive work after testing positive.
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PROHIBITIONS - DRUGS
X Report to work or remain on duty while
using ANY controlled substance,EXCEPT under
physician orders (Commonwealth requires
employee to report therapeutic drug use (STD FORM
708) deemed by physician to impair employees
ability to perform safety sensitive duties)
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PROHIBITIONS
ALCOHOL DRUGS
No driver shall refuse an alcohol or drug
test Considered as a POSITIVE TEST RESULT
X No employer shall permit a driver who has
refused to submit to a test to perform or
to continue to perform safety sensitive
functions.
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FITNESS FOR DUTY

• Employees responsible for notifying supervisor
  when
• impaired for any reason
• under influence of substance (prescription/non-pre
  scription) that may impair (Form STD708)
• Agency/supervisors responsible for
• investigating and taking appropriate action
• Making reasonable suspicion determinations

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DRUG TESTING ANALYSIS

• COLLECTION SITE
• LABORATORY TESTING
• MEDICAL REVIEW OFFICER
• SPLIT SAMPLE
• PRESCRIPTION MEDICINE
• MRO
• FORM STD708 FOR PHYSICIAN

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MRO

• Reasonable effort to contact employee
• Contact designated management if unable to
  contact employee
• Management must document effort
• If employee does not contact MRO within 5 days,
  test reported positive.

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DEALING WITH POSITIVE TEST RESULTS

• REMOVAL FROM SAFETY SENSITIVE DUTIES
• FITNESS FOR DUTY GUIDELINES
• REFERRAL TO SEAP
• LWOP UNTIL SEAP CONTACT
• SICK, ANNUAL, PERSONAL AFTER SEAP CONTACT
• DISCIPLINE
• CONFIDENTIALITY

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REFERRAL, EVALUATION TREATMENT
If driver is found to have engaged in
prohibited activity then
?Evaluation by a Substance Abuse Professional
(SAP) to determine if treatment or education is
necessary
If treatment or education is
required then?
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REFERRAL, EVALUATION TREATMENT
Employee must be re-evaluated by SAP to determine
compliance and if able to return to safety
sensitive duty
Employee must access the type and level of
care/education as recommended by the SAP
Pass a voluntary pre-return test
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Employee Tests Positive and Signs CDL
Agreement
EVALUATION
or
Referred to Treatment
No Treatment
SEAP CCO Monitors TX
Pre-Return Test
Continued Testing
Pre-Return Test
Return To Duty Test
Return to Work Test
Follow-up Testing 1 - 5 years
Follow-up Testing 1 - 5 years
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DISCIPLINE

• CASE BY CASE
• INTERNAL AGENCY CONSISTENCY
• ASSESS CONSEQUENCES/FACTS
• CONSISTENT WITH FEDERAL REQUIREMENTS/STATE POLICY
• SUPERVISORS ACCOUNTABLE FOR ENFORCING/APPLYING
  CDL REGULATIONS AND STATE POLICIES

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CDL LICENSING PROVISIONS
? MUST POSSESS ONLY ONE STATE DRIVERS
LICENSE ? MUST NOTIFY EMPLOYER OF CONVICTION
OF MOVING VIOLATION WITHIN 30 DAYS ? MUST
NOTIFY EMPLOYER NEXT BUSINESS DAY IF
DISQUALIFIED FROM OPERATING A CDL VEHICLE ?
MUST PROVIDE ON ANNUAL BASIS LIST OF MOTOR
VEHICLE TRAFFIC VIOLATIONS
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EMPLOYEE TRAINING

• Agency responsibility
• Orientation
• Form STD 702
• Employee Guide to Drug and Alcohol Testing
• Internal agency policies (accident reporting)
• Sign off by employee in OPF
• Coding of employee training