DOT Drug

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DOT Drug Alcohol Testing

• Attention Attendees
• Thank you for attending!
• The presentation will start in a few minutes at
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• The slides and recording will be posted within 7
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• This webcast will cover ...
• The top 10 FMCSA DA violations
• How to establish a compliant drug and alcohol
  testing program
• How to raise the bar through more stringent
  testing protocols, hair follicle testing and
  more!
• Question Answer
• Moderator
• Dr. Gary Petty, President CEO, NPTC
• Panelists
• Tom Bray, Sr. Editor Transportation Management,
  J. J. Keller Associates, Inc.
• Tom Moore, CTP, Senior Vice President, NPTC
• Jeffery Slater, Transportation Safety
  Compliance Manager, Gordon Food Service

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DOT Drug Alcohol Testing

• July 10th, 2013

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• Dr. Gary Petty
• President CEO
• National Private Truck Council

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Introduction

• Regulations Tom Bray
• Policy and Procedure Best Practices Tom Moore
• Gordon Food Services Program Jeffery Slater
• Housekeeping issues
• You will be muted during the event.
• Please use the Question feature on your control
  panel to send questions to our Panelists. Well
  try to answer them during the QA period if they
  are not covered in the presentation.
• If you lose sound at any point, you can dial-in
  by phone. Youll find the phone number and access
  code on your control panel under Audio.

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DOT Drug Alcohol Testing
Tom BrayJ. J. Keller Associates, Inc.

• Thomas Bray
• Editor, Transportation Management
• J. J. Keller Associates, Inc.

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Applicability Part 382

• CMV drivers who are subject to CDL rules are
  covered by Part 382 (382.103)
• GVWR or GVW 26,001 lbs. or more
• GCWR or GCW 26,001 lbs. with trailer of 10,001
  lbs. or more
• 16 or more passengers
• Placarded for hazmat
• Part 382 contains FMCSA drug and alcohol testing
  rules, Part 40 contains testing procedure rules

Tom BrayJ. J. Keller Associates, Inc.
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Prohibitions

• Found at 382.201 to 382.215
• 0.04 BAC when on duty, using alcohol while on
  duty,
• using alcohol within 4 hours of duty, using
  alcohol
• within 8 hours of an accident
• Using or being under the influence of a Schedule
  I drug while on duty
• Using an unprescribed scheduled drug
• Testing positive for drugs on DOT test
• Submits an adulterated or substituted sample
• Refusal to submit to a required drug or alcohol
  test

Tom BrayJ. J. Keller Associates, Inc.
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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
• If driver to be returned to service (all steps
  passed and documented)
• SAP evaluation and treatment
• Return-to-duty test
• Follow-up testing

Tom BrayJ. J. Keller Associates, Inc.
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Policy Requirements

• Policy must cover (at the minimum) the
• 11 items required in 382.601
• Driver must be provided with, and sign
• receipt for policy
• No signature, no driving
• No direct training requirement, however

Tom BrayJ. J. Keller Associates, Inc.
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DOT Test Types

• Pre-employment 382.301
• Random 382.305
• Post-accident 382.303
• Reasonable suspicion 382.307
• Return-to-duty 382.309
• Follow-up 382.311

Tom BrayJ. J. Keller Associates, Inc.
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Pre-employment Tests

• DOT pre-employment drug screen required of
• New employees/employers just starting to
• drive CMVs that require CDLs
• Employees transferring into CDL driving positions
• Have the verified negative test result before
  using the driver in a safety-sensitive
  function for the first time!

Tom BrayJ. J. Keller Associates, Inc.
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Pre-employment Exceptions

• Road testing
• General exception criteria based on 382.301(b)
• Driver was in a DOT testing program within the
• past 30 days AND in the program
• Either was tested in the past 6 months for any
  test type, OR
• Remained in the pool for 12 consecutive months
  AND
• Did not test positive or refuse a DOT test in the
  past 6 months.

Tom BrayJ. J. Keller Associates, Inc.
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Random Testing

• Out of average number of driver positions
• 50 tested for drugs annually
• 10 tested for alcohol annually
• Testing spread reasonably throughout the year
• Driver must be sent during draw period
• If not tested before next drawing, must not send
• Document WHY driver was not sent!
• Drawing of alternates allowed

Tom BrayJ. J. Keller Associates, Inc.
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Random Testing

• ALL drivers must be in drawing pool (temp,
  casual, part-time, mechanics that drive, drivers
  on leave or layoff, etc.)
• If driver removed from pool due to extended leave
  or layoff and belief he/she is not returning, or
  termination, driver must retake pre-employment
  then be placed back into pool
• Annual testing must be completed (with MRO
  results in hand) by December 31st

Tom BrayJ. J. Keller Associates, Inc.
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Random Testing

• Random scientifically valid method
• Not allowed
• 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

Tom BrayJ. J. Keller Associates, Inc.
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Random Testing

• Test notification
• Wait to notify selected drivers until they are in
  a position to be tested
• 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

Tom BrayJ. J. Keller Associates, Inc.
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Post-Accident Testing

• Post accident drug and alcohol test required if
• Vehicle required a CDL and
• One of 3 conditions are met
• Fatality
• An involved vehicle must be towed and your driver
  was cited for a moving violation
• Someone needed immediate medical care away from
  scene and your driver was cited moving violation

Tom BrayJ. J. Keller Associates, Inc.
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Post-Accident Testing

• When to test
• Alcohol Within 2 hours, or 8 hours max. if 2
  hour not possible
• Drugs Within 32 hours
• Monitor the situation if test not initially
  required Driver should be available for testing
  if circumstances change!
• No testing once windows are closed
• You can use results of law enforcement tests if
  you can get a copy
• Driver can return to driving after testing,
  unless

Tom BrayJ. J. Keller Associates, Inc.
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Reasonable Suspicion

• A trained company supervisor sees and can
  document articulable signs of drug or alcohol use
• Supervisor training must include (382.603)
• 60 minutes on signs of alcohol misuse
• 60 minutes on signs of drug use
• No recurrent training requirement, however
• Having trained supervisors and conducting tests
  when necessary is required!

Tom BrayJ. J. Keller Associates, Inc.
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Return-to-Duty and Follow-Up

• Required if driver has tested positive or refused
  a test
• Follows SAP evaluation and treatment
• Return-to-duty test must be passed before placing
  driver back into safety-sensitive function
• Follow-up test schedule set by SAP (must meet
  minimums)
• Follow-up tests are in addition to any random
  tests driver is selected for

Tom BrayJ. J. Keller Associates, Inc.
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Return-to-Duty Process

• Return-to-duty process is NOT company specific
• Driver can start process at one carrier and
  complete at another
• Background checks in 391.23 are critical in
  locating drivers that previously failed or
  refused and have not completed process
• Upcoming Drug and Alcohol Clearinghouse Database
  will provide additional visibility

Tom BrayJ. J. Keller Associates, Inc.
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DOT Test Processes

• Collections, tests, and processes must
• meet Part 40 requirements
• Required drug test is urinalysis (DOT Five
  Panel)
• Split sample for confirmation of positive drug
  test results if requested by driver (no second
  collection allowed)
• Alcohol testing can be saliva screen/EBT
  confirmation or EBT screening and confirmation
• Refusal is more than simply saying no

Tom BrayJ. J. Keller Associates, Inc.
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TPA/Consortium

• Can use third party administrators to take some
  of the burden
• Must still have a DER and take actions in-house
• Still responsible for compliance, everything from
  collection sites to MROs
• Small fleets and fleets operating under a parent
  company can join consortiums (a group of
  companies in a pool)

Tom BrayJ. J. Keller Associates, Inc.
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• Tom Moore, CTP
• Senior Vice President
• National Private Truck Council

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CSA Performance
Unsafe Driving Fatigued Driving Driver Fitness Controlled Substance Vehicle Maint. HazMat Crash
2012 12.8 17.9 17.77 1.7 24.91 19.78 22.14
2013 10.96 13.35 13.44 0.96 21.22 1.36 30,4
flatbed and hazardous materials carriers removed
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On-road violations

• 392.5(a) Possession/use while on duty or within
  4 hours of duty/under influence alcohol (0.28
  percent of all driver violations)
• 392.4(a) Driver uses or is in possession of
  drugs (0.13 percent of all driver violations)
• 392.5(c)(2) Violating OOS order pursuant to
  392.5(a) or (b) (0.01 percent of all driver
  violations)

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Compliance Review Violations

• Acute
• 382.115(a) Failing to implement an alcohol
  and/or drug testing program (number 1 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

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Compliance Review Violations

• Critical
• 382.301(a) Using a driver before receiving a
  pre-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 post accident
  testing on driver for alcohol
• 382.303(b) Failing to conduct post accident
  testing on driver for controlled substances

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How Fleets Are Producing Such Results

• Training, training and more training
• No rush to hire
• Random testing at percentages higher than the
  required rate
• Expanding the pool of candidates
• Alternative testing methodologies

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Growth of Hair Follicle Testing
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Impact of Hair Testing
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Why Are More CompaniesTurning to Hair Testing?

• Hair testing is more effective than urine at
  identifying illegal drug users because it is has
  a longer detection window.
• Hair tests are typically capable of detecting
  illegal drug use in the three months prior to the
  test
• Urine tests are usually only capable of detecting
  use in the prior few days.

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Barriers to Hair Testing

• Cost
• Redundancy
• Jurisdiction
• Misconception

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FPO
Jeffery SlaterGordon Food Service

• Jeffery Slater
• Transportation Safety Compliance Manager
• Gordon Food Service

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GFS Transport LLCOperations
Jeffery SlaterGordon Food Service

• Gordon Food Service Inc. 10,000 Employees.
• 15 US Distribution Centers.
• 1600 Drivers
• Annual Miles Driven 63,000,000
• Power Units 1200
• Private/ For hire
• 7 Fleet Maintenance Shops

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Applicability Part 382

• All our Drivers and Transportation Management are
  subject to DOT Drug and Alcohol testing.
• In our Fleet Maintenance Shops our tractor techs
  and any other persons who may operate a tractor
  or trailer is subject to the DOT Testing.

Jeffery SlaterGordon Food Service
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Policy Requirements

• Use a reputable TPA to help with your Drug and
  Alcohol policy.
• Our Designated Employer Representative (DER) is
  located in my department.
• What we do with Positive tests.
• Provide with SAP information
• Send on their way (Termination)

Jeffery SlaterGordon Food Service
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Pre-employment Tests

• Any new Driver or transfer requires a DOT drug
  test and Hair test prior to starting.
• Both DOT urine and hair tests must be verified
  negative prior to starting in a position.
• Of course any positive tests will not be starting
  with us.
• Any driver who is out of our Drug and Alcohol
  program for 30 days or longer requires a DOT
  pre-employment test before returning to work.

Jeffery SlaterGordon Food Service
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Random Testing

• We keep our test percentages higher than
  required.
• 60 tested for drugs annually
• 20 tested for alcohol annually
• Our testing is spread out over four calendar
  quarters and testing though out each quarter.
• Our managers are trained to do the notification
  to the drivers and are sent selected vs. tested
  reports through out each quarter so they are
  reminded where they stand.

Jeffery SlaterGordon Food Service
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Random Testing

• Provide TPA with a driver pool list each quarter,
  includes all drivers, maintenance techs, managers
  and yard switchers that operate on the road.
• Managers are notified by e-mail from the TPA with
  drivers who are selected in their team for that
  quarter.
• Managers selected for random testing are reported
  to my department by the TPA.
• Those unable to be tested for the quarter are
  removed from the list and would be required to
  have a pre-employment test prior to coming back.

Jeffery SlaterGordon Food Service
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Random Testing

• All alternate selections must be approved by
  before a new selection is made.
• In most cases drivers are notified at the
  beginning of their route or immediately
  following.
• All our managers are responsible in making sure
  the driver proceeds immediately to the clinic for
  collection. They document time of notification
  and the clinic documents time of testing.

Jeffery SlaterGordon Food Service
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Post-Accident Testing

• Post accident drug and alcohol test required if
• We follow only the DOT regulations on
  Post-Accident Testing and no other testing is
  completed.
• Vehicle required a CDL and
• One of 3 conditions are met
• Fatality
• An involved vehicle must be towed and your driver
  was cited for a moving violation
• Someone needed immediate medical care away from
  scene and your driver was cited moving violation

Jeffery SlaterGordon Food Service
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Reasonable Suspicion

• All Management is trained on Reasonable
  Suspicion.
• If a manager suspects a driver of being under the
  influence our protocol requires a second opinion
  or a phone call to me before taking to the
  clinic.
• All testing of this sort its required that a
  manager take the driver to the clinic and stay
  until completed.
• Drivers are suspended until results are received.

Jeffery SlaterGordon Food Service
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Reasonable Suspicion

• The manager is required to make sure the driver
  has a safe ride home after testing.
• If a driver tests positive they are provided with
  SAP information and Terminated.

Jeffery SlaterGordon Food Service
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Return-to-Duty and Follow-Up

• We do not employ people who have tested positive
  for drugs or alcohol.
• We will not hire a driver who has a alcohol
  violation on their MVR in the past 5 years.

Jeffery SlaterGordon Food Service
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Question Answer Session
Jeffery SlaterGordon Food Service

• Please continue to submit
• your questions.

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Closing Remarks

• Checkout the archive of past topics at
  http//www.jjkeller.com/nptcinfo
• PowerPoint slides and recording up in 1 week
• Remaining topics for 2013
• October 2, 2013 - Physical Qualification of
  Drivers DOT Physicals, CDLs and Med Cards,
  Functional Capacity Testing

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