DOT Drug & Alcohol Testing
This webcast will cover ...
• The top 10 FMCSA D&A 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
Attention Attendees:
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within 7 days at:
http://www.jjkeller.com/nptcinfo
DOT Drug & Alcohol
Testing
July 10th, 2013
Dr. Gary Petty
President & CEO
National Private Truck Council
Introduction
• Regulations – Tom Bray
Gary Petty
• Policy and Procedure Best Practices –
National Private
Tom Moore
Truck Council
• Gordon Food Service’s 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. We’ll try to answer them during the Q&A
period if they are not covered in the presentation.
 If you lose sound at any point, you can dial-in by phone. You’ll find
the phone number and access code on your control panel under
“Audio.”
DOT Drug & Alcohol Testing
Thomas Bray
Editor, Transportation Management
J. J. Keller & Associates, Inc.
Tom Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
Return-to-Duty and FollowUp
• 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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
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 Bray
J. J. Keller &
Associates, Inc.
Tom Moore, CTP
Senior Vice President
National Private Truck Council
CSA Performance
Tom Moore
National Private
Truck Council
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
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)
Tom Moore
National Private
Truck Council
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
Tom Moore
National Private
Truck Council
Compliance Review
Violations
• Critical:
 §382.301(a) Using a driver before receiving a preemployment 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
Tom Moore
National Private
Truck Council
How Fleets Are Producing
Such Results
• Training, training and more training
Tom Moore
• No rush to hire
National Private
Truck Council
• Random testing at percentages higher than the
required rate
• Expanding the pool of candidates
• Alternative testing methodologies
Growth of Hair Follicle
Testing
Impact of Hair Testing
Why Are More Companies
Turning 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.
Tom Moore
National Private
Truck Council
Barriers to Hair Testing
•
•
•
•
Cost
Redundancy
Jurisdiction
Misconception
Tom Moore
National Private
Truck Council
FPO
Jeffery Slater
Gordon Food
Service
Jeffery Slater
Transportation Safety & Compliance
Manager
Gordon Food Service
GFS Transport LLC
Operations
• 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
Jeffery Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
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 Slater
Gordon Food
Service
Question & Answer Session
Gary Petty
National Private
Truck Council
Tom Moore
National Private
Truck Council
Tom Bray
J. J. Keller &
Associates, Inc.
Please continue to submit
your questions.
Jeffery Slater
Gordon Food
Service
Closing Remarks
• Checkout the archive of past topics at:
http://www.jjkeller.com/nptcinfo
 PowerPoint slides and recording up in 1 week
Gary Petty
National Private
Truck Council
• Remaining topics for 2013:
 October 2, 2013 - Physical Qualification of Drivers:
DOT Physicals, CDLs and Med Cards, Functional
Capacity Testing
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