Should I be testing for alcohol? A breath alcohol test will give an immediate test result and is directly correlated to a blood alcohol test result.
In Oregon, we have a state law that prohibits conducting a breathalyzer test as a condition of or continuation of employment without the employee's written consent unless the employer has reasonable suspicion. Attorneys have argued that an employee hasn't freely given consent if a job offer will be withdrawn or employment terminated if they do not submit to a breath test. Therefore, if you are a non-regulated employer (non-DOT), you should avoid pre-employment or random alcohol testing.
This state law does not apply to safety-sensitive employees subject to the federally mandated DOT testing regulations. What kind of accidents should I test for? Consider testing your employees involved in an accident under the following situations: any human fatality (not your employee); injury accident requiring immediate medical attention; property damage to company or client equipment or property exceeding a predetermined amount set by the company (ex.
$1000); motor vehicle accidents requiring a report be submitted to your state's DMV or Licensing agency; or any near misses where serious injury or damage may have occurred. What if an existing employee fails the test?
Companies have the option of terminating the employee under a No Tolerance policy or offering a Last Chance Agreement. If your company adopts a Last Chance policy, the employee is extended an offer to retain his/her job through the signing of a last chance agreement, whereby they agree to seek help through an Employee Assistance Program (EAP). When the EAP professional determines that the employee is making satisfactory progress, he/she is allowed to return to work contingent on passing a return to duty test and may be subject to additional follow-up testing after they have resumed employment.
A No Tolerance Policy would terminate the employee's employment. What happens if a DOT covered employee tests positive for drugs or an alcohol test of 0.04 or greater? The employee must be immediately removed from performing any safety-sensitive functions as defined by the regulations (varies by agency that regulates the employer).
The employee may not return to performing safety-sensitive duties for any DOT covered employer until he/she has been evaluated by a Substance Abuse Professional (SAP), completed treatment required by the SAP, been reevaluated and cleared for a return-to-duty test, and will be subject to a minimum of 6 follow-up tests to be conducted in the first 12 months after their return-to-duty. Follow-up testing may continue for up to 5 years as determined by the SAP.
What if the alcohol test result is between 0.02 and less than 0.04? Depending on which regulations are applicable, the employee must be immediately removed from safety-sensitive duties and my not return until:Aviation (FAA)8 hoursRetest AllowedRailroad (FRA)8 hoursNo Retest AllowedMotor Carrier (FMCSA)24 hoursNo Retest AllowedTransit (FTA)8 hoursRetest AllowedPipeline (PHMSA)8 hoursRetest AllowedNo SAP evaluation is required under the regulations, however, an employer may require an evaluation under their own company authority. If my driver with a commercial driver's license (CDL) tests positive will his/her CDL be suspended? The Federal Motor Carrier Regulations do not suspend the CDL if the driver tests positive on a drug test or has an alcohol test of 0.04 or greater.In Oregon, if the Oregon licensed driver is employed by an Oregon employer subject to ORS 825, the verified positive drug test result will be reported to the Oregon DMV and it will be posted to his/her driving record. In Washington, if the Washington licensed driver tests positive for drugs, alcohol, or refuses a test this will be reported to the Washington Department of Licensing (DOL) and will suspend the CDL until the driver completes the required Return-to-Duty process, 49 CFR Part 40 Subpart O. Other states may have similar requirements.
When is post-accident testing required for CDL drivers? If the CDL driver was operating a commercial motor vehicle (CMV) that required the CDL then the driver is required to submit to drug and alcohol testing in the following situations:. Human fatality (other than the CDL driver); or.
If the driver receives a citation for a moving violation and any party receives immediate medical attention away from the accident scene; or. If the driver receives a citation for a moving violation and any vehicle is required to be towed away because of disabling damage. The company receives a negative/dilute test result from the MRO are they required to send the applicant/employee back for another test? No, an employer may accept a negative/dilute test result as a negative test. If the employer wants a retest it may do so, however, it must be stated in the employer's policy and the employer must require a retest of all individuals that have a negative/dilute result in the same testing category. For example, an employer may choose to retest on pre-employment tests only.
If so, all applicants with a negative/dilute result will be required to retest.
OverviewThe Office of Drug and Alcohol Policy and Compliance advises the Secretary on national and international drug testing and control issues and is the principal advisor to the Secretary on rules related to the drug and alcohol testing of safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation industries. The Office publishes regulations and provides official interpretations on drug and alcohol testing, including how to conduct tests, and the evaluation and treatment procedures necessary for returning employees to duty after testing violations.
Dot Drug And Alcohol Policy Pdf
The Office also coordinates the Department’s involvement with the President’s National Drug Control Strategy annually. Most Viewed Documents.Most Requested Information.Key Resources.