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Where Can You Find the DOT Supervisor Training Regulations?

Where Can You Find the DOT Supervisor Training Regulations?

Right here! Save yourself the Google searching…

Here’s a summary of, and links to, the federal website for the of the DOT supervisor training requirements for reasonable suspicion supervisor training by regulatory agency:

Federal Motor Carrier Safety Administration (FMCSA) – 49CFR Part 382.603

§ 382.603: Training for supervisors.

Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under § 382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required.

Federal Aviation Administration (FAA) – 14 CFR Part 121 Append I & J

Drug Testing: Testing Based on Reasonable Cause. Each employer must test each employee who performs a safety-sensitive function and who is reasonably suspected of having used a prohibited drug. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific contemporaneous physical, behavioral, or performance indicators of probable drug use. At least two of the employee’s supervisors, one of whom is trained in detection of the symptoms of possible drug use, must substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; except that in the case of an employer, other than a part 121 certificate holder, who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use must substantiate the decision to test an employee who is reasonably suspected of drug use.

Alcohol Reasonable Suspicion Testing: 2. The employer’s determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee.

Federal Transit Administration (FTA) – 49 CFR 655

655.14 Education and training programs.

Each employer shall establish an employee education and training program for all covered employees, including:

(a) Education. The education component shall include display and distribution to every covered employee of: informational material and a community service hot-line telephone number for employee assistance, if available. (b) Training—(1) Covered employees. Covered employees must receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. (2) Supervisors. Supervisors and/or other company officers authorized by the employer to make reasonable suspicion determinations shall receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.

Pipeline and Hazardous Materials Safety administration (PHMSA)

Drug Testing: (d) Testing based on reasonable cause. Each operator shall drug test each employee when there is reasonable cause to believe the employee is using a prohibited drug. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. At least two of the employee’s supervisors, one of whom is trained in detection of the possible symptoms of drug use, shall substantiate and concur in the decision to test an employee. The concurrence between the two supervisors may be by telephone. However, in the case of operators with 50 or fewer employees subject to testing under this part, only one supervisor of the employee trained in detecting possible drug use symptoms shall substantiate the decision to test.

Alcohol Testing: §199.241  Training for supervisors. Each operator shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under §199.225(b) receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.

U.S. Coast Guard (USCG) – §16.250   Reasonable cause testing requirements.

(a) The marine employer shall require any crewmember engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ or be operated by an individual holding a credential issued under this subchapter, who is reasonably suspected of using a dangerous drug to be chemically tested for dangerous drugs.

(b) The marine employer’s decision to test must be based on a reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. Where practicable, this belief should be based on the observation of the individual by two persons in supervisory positions.

Supervisors must be given at least sixty minutes of training.

Federal Railroad Administration (FRA) – §219.300 Mandatory reasonable suspicion testing.

(a) Requirements. (1) A railroad must require a covered employee to submit to an alcohol test when the railroad has reasonable suspicion to believe that the employee has violated any prohibition of subpart B of this part concerning use of alcohol. The railroad’s determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.

(2) A railroad must require a covered employee to submit to a drug test when the railroad has reasonable suspicion to believe that the employee has violated the prohibitions of subpart B of this part concerning use of controlled substances. The railroad’s determination that reasonable suspicion exists to require the covered employee to undergo a drug test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Such observations may include indications of the chronic and withdrawal effects of drugs.

(b)(1) With respect to an alcohol test, the required observations must be made by a supervisor trained in accordance with §219.11(g). The supervisor who makes the determination that reasonable suspicion exists may not conduct testing on that employee.

(2) With respect to a drug test, the required observations must be made by two supervisors, at least one of whom is trained in accordance with §219.11(g).

AtHand Training provides awesome online training for DOT Supervisor for reasonable suspicion training.  

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Powdered Alcohol…nothing to see here

Powdered Alcohol…nothing to see here

Powdered Alcohol

Is powdered alcohol a threat to our children and the drug free workplace? Nah. Tech writer Brent Rose experiments to see if “spiking” someone’s drink with powdered alcohol is something to worry about. Frankly after watching this, it looks about as appealing as drinking pond water.

Video here.

AtHandTraining.com provides awesome online substance abuse awareness courses.

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When should you fire an employee for a positive drug test?

To Fire or Not to Fire? That is the Drug Testing Question.

fired

When should you fire an employee for a positive drug test? Companies who perform post employment drug testing have to make tough decisions about what to do with employees who test positive. For companies who have adopted a zero tolerance drug testing policy, the decision isn’t so difficult. Test positive, get fired. Done and done. Whether or not that’s good policy for the company or the employee is questionable and likely dependant on various factors related to that specific business. But what about companies who do not have zero tolerance policies and have text in their drug testing policy like…

“Employees who violate any of the conditions of The Company’s drug-free workplace program are subject to discipline, up to and including termination at The Company’s sole discretion. The degree of action chosen will depend on the circumstances of each case and will be considered within the parameters of all applicable state and federal laws.”

Their policy clearly allows for the possibility of termination at their “sole discretion” and the degree of action can “depend of the circumstances of each case”.

Let’s start with the basics.

Prevention: The best way to deal with a positive drug test is not to have employees who test positive in the first place.  Wouldn’t it be easier to prevent 3 of out 5 positive tests from occurring rather than deal with 5 out of 5 positive tests? Unless you like making difficult decisions that can have significant effect on employees income, family life and future job prospects you should have practices in place to help deter drug use. We won’t cover these in detail here but here’s a quick check list:

  • Random drug testing – A powerful deterrent
  • Internal communications – A program of regular communications reminding employees of the drug testing policy. This could include employee awareness programs (see our web-based program here). You could also exhibit drug free workplace posters around the workplace.
  • Reasonable suspicion supervisor training program. (See our web-based program here)
  • Employee Assistance Programs – Programs designed provide assistance to employees who may be abusing drugs or alcohol or who may have in the past.

The drug policy: If your organization doesn’t have a written drug policy, then not only should you not fire an individual for a positive drug test, you shouldn’t even be drug testing at all. That’s assuming you have better things to do than hang out in courthouses defending your company in a court of law. If you do have a drug testing policy you should also keep proof your employees have received a copy. A signed document acknowledging receipt is recommended.

Federal and State Law: Laws change all the time. On any given day there can be dozens of states with pending legislation related to drug and alcohol use. Keeping tabs with state laws your organization does business in should be a regular recurring practice. In general, if your organization already has your drug testing policy reviewed by an industry expert or legal counsel and it contains language similar to above, then your likely safe with a decision to terminate if it makes sense…however…

Consistent application: …you need to ensure that a decision to terminate is not discriminatory. Your decisions about discipline or termination need to made independent of an employees gender, race, disabilities and/or sexual preferences. Adding a section to your drug policy providing examples or prohibited behavior and their consequences can help prevent real or unconscious/unintended bias. For example, if an employee is caught with illegal drugs on their person, the consequence cannot be demotion for one employee and termination for another.

Verified test result?: Did the final test result come from a certified medical review officer (MRO)? If not, you should think twice about even disciplining your employee. An instant drug test positive (cup or strip with visual indicators read by the collector) or even a laboratory positive result should not be considered true results. Neither of these provided the employee a chance to prove they might have a valid prescription or some other valid alternate explanation which may have caused the positive.

O.k., so you’ve determined you have a written and distributed drug testing policy and you’re within state and federal law and you have an actual positive test. Now what?

Incident analysis: Considering the incident

  • Previous Issues: What are the circumstances related to the individual? Have they had previous drug or alcohol related incidents? Is there documentation? Are they consistently performing worse than others?
  • Occur on or off the job? Did the employees use likely occur on or off the job? One the job use would nearly always lead to more severe action.
  • Cost: What would it “cost” to replace them? And by “cost” we mean evaluate a) the actual cost or hiring a replacement b) the cost to the company in lost productivity c) the cost of temporarily transferring their workload to other employees who might already be under stress. Can you afford to fire them now…or should you warn the employee and begin formal documentation process to make future action easier to justify?
  • Safety: Are they performing safety sensitive duties? Could their potential use harm themselves or others? If so, you should at a minimum immediately remove them from performing their duties and if transferring to another position isn’t an option, then termination might be the only option.
  • Alternative Options: Is firing the best or only option?: Can they be demoted? Can you place them in the EAP program where they can get help and possibly recover? What is the employees  general attitude? Would treatment likely be successful?
  • The Substance: Did they test positive for cocaine…or maybe just for opiates related to use for a prescription that recently expired? How about alcohol? Did the employee come in to work in the morning completely inebriated? Or did they just get back from a business lunch? How about marijuana? Do you live in a state where medical marijuana is legal and do they have a prescription? Does your drug free workplace policy address that scenario?

There’s certainly a lot to consider but whatever you do be sure to remain unbiased and make decisions within state and federal law. If you have legal counsel, you should seek their feedback.

– AtHandTraining provides awesome web-based drug free workplace training for employees and supervisors.

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