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Developed by: Colorado Department of Transportation Safety Unit

COLORADO DEPARTMENT OF TRANSPORTATION. Developed by: Colorado Department of Transportation Safety Unit Colorado Department of Transportation Human Resources. Reasonable Suspicion Referral for Testing for Alcohol And Other Drugs As required by the U.S. Department of Transportation

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Developed by: Colorado Department of Transportation Safety Unit

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  1. COLORADO DEPARTMENT OF TRANSPORTATION Developed by: Colorado Department of Transportation Safety Unit Colorado Department of Transportation Human Resources Reasonable Suspicion Referral for Testing for Alcohol And Other Drugs As required by the U.S. Department of Transportation Provided by the Colorado 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? • Explain requirement of 49CFR 382.603 • What is Reasonable Suspicion? • Explain at least three objective observations. • List the kinds of substance abuse 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? The U.S. Department of Transportation requires supervisors of all Commercial Drivers License (CDL) drivers to take 2 hours of training in Reasonable Suspicion testing. One hour must be on Alcohol misuse and one hour must be on abuse of other Drugs (controlled substances). 49CFR 382.603

  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 one of several tests for alcohol and other drugs mandated by USDOT regulations. • Reasonable Suspicion is suspicion of substance use (alcohol and other drugs) based on specific, objective observations that can be described clearly by a supervisor.

  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 appearance, behavior, speech, body odors, and other observations about the employee. • The supervisor must document all observations before requesting permission to test employee for substance testing under reasonable suspicion.

  6. 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)

  7. 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?

  8. 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 • Gradual deterioration in personal appearance and hygiene • Gradual development of dysfunction in job performance • Absenteeism • Unexplained accidents, Irritability, Flushed skin, Loss of memory

  9. Common Observable Behaviors Common observable behaviors Things To Remember • 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.

  10. Common Observable Behaviors Common observable behaviors Things To Remember

  11. Common Observable Behaviors Common observable behaviors Things To Remember

  12. COLORADO DEPATMENT OF TRANSPORTATION Break

  13. Things to Remember • Alcohol is a legal drug as long as the employee is not violating USDOT regulations or state or CDOT rules. • What about having a beer (drink) at home, and then called back to work? (Open discussion…) Common observable behaviors Things To Remember

  14. Things to Remember • Your job is not to diagnose a substance abuse problem. • Make objective observations and perform reasonable suspicion process. • Employees may be referred to C-SEAP at any time, although it is voluntary for them to go. Common observable behaviors Things To Remember

  15. 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. • Some medical conditions (such as diabetes) can mimic signs of alcohol use. Common observable behaviors Things To Remember

  16. 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

  17. 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. • Employee must be notified verbally or in writing that their test is required by federal law. • DO NOT allow the employee to drive to the test.

  18. Additional USDOT Considerations What To Do First Refer for Testing Additional Considerations • Drivers may take prescribed drugs that are controlled substances if their physician advises the driver that the drug will not adversely affect their ability to operate a commercial motor vehicle. • CDOT requires the driver to report therapeutic drug use to their supervisor • The Federal government does not recognize medical marijuana, so it is not a defense in a USDOT positive test result.

  19. COLORADO DEPATMENT OF TRANSPORTATION Break

  20. 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 81.3 “Self-Disclosure” Employee Admission, pg.4, §2.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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

  26. 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 test results prior to taking further action concerning the return of the employee to work or home. 12. If testing included taking a urine sample to determine use of controlled substances, the supervisor will consult with the Appointing Authority or his/her designee to determine further action.

  27. 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.

  28. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 15. Arranges transportation home for the employee who has tested positive for alcohol.

  29. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Testing Laboratory Medical Review Officer (MRO) 16. Conducts the appropriate controlled substance screening tests. 17. If the initial screening tests are positive, performs more sophisticated confirmatory testing of the sample using Mass Spectrometer/Gas Chromatography testing equipment. 18. Forwards the test results to the MRO.

  30. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 19. Forwards all negative controlled substance test results to the Appointing Authority or their designee. 20. If test results are positive, the MRO will immediately attempt to contact the affected employee by telephone. 21. 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.

  31. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 22. 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.

  32. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 23. 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.

  33. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 24. 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. 25. 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. 26. Provides a positive report to the Appointing Authority or their designee if the employee’s explanation of the positive result is not satisfactory.

  34. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 27. Elects, at his/ her discretion and expense, to have the split portion of the sample tested at a different certified lab for the presence of any positive drug findings. 28. Makes necessary arrangements with the MRO to have the split sample analyzed, within the 72-hour allowable time frame.

  35. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Collection Facility Medical Review Officer (MRO) 29. Directs the split sample to be tested for the presence of the illicit drug (s) previously reported, at a second certified lab as directed by and paid for by the employee. 30. Reports the findings from the second laboratory to the departmental Appointing Authority or their designee and the employee.

  36. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 31. On receiving positive test results on the employee, the Appointing Authority or designee immediately removes the employee from all safety-sensitive duties. 32. The employee is provided the names and contact information of Substance Abuse Professionals. 33. A R-6-10 is set for the earliest possible date.

  37. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 34. The employee must contact and make an appointment with a Substance Abuse Professional (SAP). 35. 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 information for the Appointing Authority of designee.

  38. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 36.The SAP conducts an evaluation to determine the substance dependency level of the employee. 37. The SAP develops a treatment plan (Plan) for the employee based on the evaluation. 38. The SAP communicates with the Appointing Authority or designee regarding the employee’s progress towards completing the Plan. 39. The SAP recommends when a Return-to-Duty substance test can be conducted, and the quantity of Follow-up substance test to the Appointing Authority or designee.

  39. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 40. The Appointing Authority or designee schedules the employee for a Return-to-Duty substance test based on the SAP recommendation.

  40. CDOT Reasonable Suspicion Process RESPONSIBILITIES Supervisor Employee Appointing Authority or Designee Responsibility Substance Abuse Professional 41. The employee performs the Return-to-Duty substance test for both alcohol and drugs. 42. 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. 43. The employee must complete all scheduled Follow-up substance testing with negative results. (interactive discussion on how this is done and by whom)

  41. CDOT Reasonable Suspicion Process Review & Questions

  42. 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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