CDL Supervisor training

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ommercial
rivers
CDL
icense
SUPERVISOR TRAINING
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CDL SUPERVISOR TRAINING FORMAT/OBJECTIVES

• Introductions
• State CDL administrative structure
• Roles and responsibilities
• History and Federal regulations
• Types of drug/alcohol tests/methodology
• State policies, protocols, forms
• Dealing with positive tests and SEAP
• Properties/effects of alcohol (VIDEO)

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CDL SUPERVISOR TRAINING FORMAT/OBJECTIVES
(CONTINUED)

• BREAK
• Alcohol Rules/EBT Demonstration
• Properties/effects of drugs (VIDEO)
• Drug Rules/Drug testing process
• Role of Medical Review Officer
• Fitness for Duty/Prescription drugs
• Guidelines for reasonable suspicion decisions
  (VIDEO)
• Background checks, employee training, annual
  license checks
• Questions

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COMMONWEALTH OF PENNSYLVANIA CDL DRUG/ALCOHOL
TESTING POLICIES AND PROCEDURES
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COMMONWEALTH OF PA CDL TESTING POOL

• 6,500 EMPLOYEES
• 2000 SUPERVISORS
• 17 AGENCIES
• MONTHLY RANDOM TESTING
• 50 annual requirement--drugs
• 10 annual requirement--alcohol

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CDL ADMINISTRATIVE STRUCTURE

• OA--Statewide policy/negotiation
• PennDot--Lead agency
• Contract--Newport Alliance
• Testing-network of testing/lab providers
• Supervisory Training
• SEAP
• Evaluation/Treatment/SAPS
• Return to Duty/Follow-up testing
• Agency CDL/SEAP Coordinators

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ROLE OF CDL COORDINATORS

• Identify/code positions
• Establish internal confidential procedures for
  notification of testing
• Ensure classification, recruitment, orientation,
  training, transactions, benefits, labor relations
  and SEAP issues addressed.
• Ensure new employees/supervisors trained
• Background checks conducted
• Coordinate with OA SEAP, agency SEAP/Labor
  Relations Coordinators, OA and PennDot program
  coordinators

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Role of the SEAP Coordinator
Work with CDL Coordinator and Labor relations
Communicate with OA_SEAP when employee tests
positive
Coordinate referrals to SEAP Advance
notification and Consent Form Return to work
Ongoing communication after referral
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ROLE OF SUPERVISORS

• KNOWLEDGE/USE OF CDL DRUG AND ALCOHOL POLICY,
  PROCEDURES, AND FORMS
• ENSURE EMPLOYEES HAVE KNOWLEDGE
• USE REASONABLE SUSPICION AND FITNESS FOR DUTY
  PROTOCOLS
• SCHEDULE EMPLOYEE TESTS (agency policy)
• EMPLOYEE NOTIFICATION AND VERIFICATION OF TESTING
• CONFIDENTIALITY
• ADVOCATE SEAP

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COMMERCIAL DRIVER'S LICENSE
DRUG ALCOHOL TESTING

• Federal Omnibus Transportation Employee
  Testing Act of 1991
• Effective January 1, 1995
• Management Directive 505.29
• CDL Administrative Manual 505.5

• Applies to
• Vehiclesgt26,000 lbs.GVWR.
• 16 or more passengers
• Any size if placarded hazardous
  materials.

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SAFETY SENSITIVE DUTIES

• All time at worksite, waiting to be dispatched
  for CDL duties
• All time inspecting, servicing, or conditioning
  CDL equipment/vehicles
• All time driving a CDL vehicle
• All time on or in a CDL vehicle other than
  driving or in sleeper berth
• All time loading, unloading a CDL vehicle,
  supervising or assisting in loading/unloading,
  attending such a vehicle, remaining in readiness
  to operate, or giving/receiving receipts for
  shipments loaded/unloaded
• All time repairing, obtaining assistance or
  remaining in attendance upon a disabled vehicle.

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CDL TESTING REQUIREMENTS
Pre-Employment
Reasonable Suspicion
Post Accident
Random
Return to Duty
Follow-up
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CDL TESTING METHODOLOGY
ALCOHOL - EBT
CONTROLLED SUBSTANCES- SPLIT SAMPLE URINALYSIS
DRUG SCREEN DRUG CONFIRMATION
IF REQUESTED THE SPLIT SAMPLE IS RETESTED
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PRE-EMPLOYMENT TESTING

• DRUGS ONLY
• NEW HIRES
• PROMOTION INTO CDL POSITION
• REMOVAL FROM TESTING POOL FOR 30 DAYS OR LONGER

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REASONABLE SUSPICION TESTING

• SUPERVISORS MUST BE TRAINED
• FOLLOW CDL FITNESS FOR DUTY GUIDELINES
  
• ?VISUAL OBSERVATION CHECKLIST
  ?QUESTIONS FOR SUSPECTED SUBSTANCE ABUSE
  ?FOLLOW PROTOCOLS FOR POSITIVE TESTS

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POST ACCIDENT TESTING

• FATALITY or ?
• MOVING VIOLATION CITATION
• AND
• VEHICLE MUST BE TOWED OR
• INJURY REQUIRES TREATMENT AWAY FROM SCENE

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POST ACCIDENT TESTING TIMEFRAMES

• ALCOHOL TEST WITHIN 8 HOURS
  
• IF NOT DONE IN 2 HOURS, PREPARE JUSTIFICATION
• DRUG TEST WITHIN 32 HOURS
• IF NOT DONE, PREPARE JUSTIFICATION

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ACCIDENT PROTOCOLS
AGENCY POLICIES
?KNOW AND INFORM EMPLOYEES HOW, WHEN, AND WHO TO
CONTACT REGARDING AN ACCIDENT ?FOLLOW AGENCY
POLICIES FOR REPORTING AND DEALING WITH
ACCIDENTS ?ENSURE SAFETY AND HEALTH OF ALL
INVOLVED IN ACCIDENT
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RANDOM TESTING

• VENDOR CONTROLLED
• RANDOM COMPUTERIZED SELECTION PROCESS
• 10 ALCOHOL
• 50 DRUGS

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RETURN TO DUTY TESTING
Before resuming safety sensitive duties
?Alcohol test must indicate less than .02
concentration
?Drug test must be verified negative ?SEAP and
PennDot CDL Coordinator must notify agency
21
FOLLOW-UP TESTING
Once approved to return to duty, the employee
is subject to unannounced follow-up testing.
?Testing consists of at least 6 tests in the
first 12 months
??Testing shall not exceed 60 months from the
return to duty date
Type Frequency of testing determined by SAP
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SCHEDULING TESTS

• VENDOR SENDS NAMES
• SCHEDULE TEST WITHIN 72 HOURS
• TESTING SITES IN ALL COUNTIES
• FOLLOW CONFIDENTIAL PROCEDURES
• AGENCY DETERMINES NEED FOR ESCORT

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EMPLOYEE NOTIFICATION

• NO ADVANCE NOTICE
• REQUIRE PHOTO ID
• PROVIDE COP FORM
• TYPE OF TESTS
• EMPLOYEE PHONE
• EMPLOYER CONTACT, PHONE
• CHAIN OF CUSTODY/ALCOHOL FORMS
• VERIFICATION OF TESTING
• TESTING SITE PROBLEMS

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DEALING WITH POSITIVE TEST RESULTS

• REMOVAL FROM SAFETY SENSITIVE DUTIES
• FITNESS FOR DUTY GUIDELINES
• REFERRAL TO SEAP
• LWOP UNTIL SEAP CONTACT
• SICK, ANNUAL, PERSONAL AFTER SEAP CONTACT
• DISCIPLINE
• CONFIDENTIALITY

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REFERRAL, EVALUATION TREATMENT
If driver is found to have engaged in
prohibited activity then
?Evaluation by a Substance Abuse Professional
(SAP) to determine if treatment or education is
necessary
If treatment or education is
required then?
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REFERRAL, EVALUATION TREATMENT
Employee must be re-evaluated by SAP to determine
compliance and if able to return to safety
sensitive duty
Employee must access the type and level of
care/education as recommended by the SAP
Pass a voluntary pre-return test
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Employee Tests Positive and Signs CDL
Agreement
EVALUATION
or
Referred to Treatment
No Treatment
SEAP CCO Monitors TX
Pre-Return Test
Continued Testing
Pre-Return Test
Return To Duty Test
Return to Work Test
Follow-up Testing 1 - 5 years
Follow-up Testing 1 - 5 years
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DISCIPLINE

• CASE BY CASE
• INTERNAL AGENCY CONSISTENCY
• ASSESS CONSEQUENCES/FACTS
• CONSISTENT WITH FEDERAL REQUIREMENTS/STATE POLICY
• ADVICE FROM BUREAU OF LABOR RELATIONS
• SUPERVISORS HELD ACCOUNTABLE FOR
  ENFORCING/APPLYING CDL REGULATIONS AND STATE
  POLICIES

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PROHIBITIONS - ALCOHOL
?Report to work or remain on duty with a
concentration of .02 or greater. ?Possession
or Use while performing duties ?Perform safety
sensitive duties within 4 hours of use.
?Consume within 8 hrs. or until undergoing
post-accident test following an accident.
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POSITIVE ALCOHOL TEST

• .02-.04 No safety sensitive duties for 24 hours
  (SEAP NOT REQUIRED)
• .04gt No safety sensitive duties until referral
  to SEAP and Clean return to duty test

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CATEGORIES OF DRUGS TESTED

• MARIJUANA
• COCAINE (crack)
• NARCOTICS/OPIATES (heroin, codeine, percodan,
  methadone, poppy)
• PCP (Pencycladine) (angel dust)
• AMPHETAMINES (speed)

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PROHIBITIONS - DRUGS
X No employer having knowledge that a driver
has used or has tested positive shall allow the
employee to perform safety sensitive
functions. X No CDL employee shall
report, remain on duty or perform safety
sensitive work after testing positive.
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PROHIBITIONS - DRUGS
X Report to work or remain on duty while
using ANY controlled substance,EXCEPT under
physician orders (Commonwealth requires
employee to report therapeutic drug use (STD Form
708) deemed by physician to impair employees
ability to perform safety sensitive duties)
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PROHIBITIONS
ALCOHOL DRUGS
No driver shall refuse an alcohol or drug
test Considered as a POSITIVE TEST RESULT
X No employer shall permit a driver who has
refused to submit to a test to perform or
to continue to perform safety sensitive
functions.
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FITNESS FOR DUTY

• Employees responsible for notifying supervisor
  when
• impaired for any reason
• under influence of substance (prescription/non-pre
  scription) that may impair (Form STD708)
• Agency/supervisors responsible for
• investigating and taking appropriate action
• reasonable suspicion determinations

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DRUG TESTING ANALYSIS

• COLLECTION SITE
• LABORATORY TESTING
• MEDICAL REVIEW OFFICER
• SPLIT SAMPLE
• PRESCRIPTION MEDICINE
• MRO
• FORM STD708 FOR PHYSICIAN

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MRO

• Qualifications
• Reasonable effort to contact employee
• Contact designated management if unable to
  contact employee
• Management must document effort
• If employee does not contact MRO within 5 days,
  test reported positive.

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Reasonable Suspicion

• Based on specific contemporaneous, articulable
  observations concerning appearance, behavior,
  speech, body odors
• If employee sent for reasonable suspicion
  testing, written record of observations within 24
  hours regardless of outcome
• -2 hour and 8 hour thresholds for alcohol
• -24 hour threshold for drugs
• Agency must transport employee

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PRE-EMPLOYMENT BACKGROUND CHECKS

• Use new STD Forms (702-706) prior to employment
• Only one current state license (STD 702)
• Employment history
• --Previous 3 years (STD 703)
• --Past 10 years if CDL employment (STD 703)
• Driving record for violations STD 704 and
  accidents (705)
• Drug/alcohol testing record for preceding 2 years
  (706)
• Complete background checks within 30 days but
• Drug/alcohol information within 14 calendar days

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EMPLOYEE TRAINING

• Agency responsibility
• Orientation
• Form STD 702
• Employee Guide to Drug and Alcohol Testing
• Internal agency policies (accident reporting)
• Sign off by employee in OPF
• Coding of employee training

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ANNUAL LICENSE RECERTIFICATION

• Use form STD 707
• Violations of motor traffic laws
• Accidents
• Questions of disregard for public safety
• Maintained in OPF
• Employee required to notify within 30 days of
  conviction of motor vehicle violation next day
  if disqualified from operating CDL vehicle.

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CDL SUPERVISOR TRAINING OUTLINE

• COMMONWEALTH REPRESENTATIVE (15 minutes)
• Introduction/Objectives (slides 1,2,3)
• Commonwealth of PA CDL administrative policy and
  structure (4,5,6)
• Roles and responsibilities (7,8,9)
• VENDOR (25 minutes)
• History
• Federal Regulations (applicability, safety
  sensitive functions) (10, 11)
• Types of drug/alcohol tests (12,13)
• pre-employment (14)
• reasonable suspicion (15)
• post-accident (16,17,18)
• random (19)
• return-to-duty (20)
• follow-up (21)
• COMMONWEALTH REPRESENTATIVE(20 minutes)
• Commonwealth testing protocols/forms (22, 23)
• Dealing with positive tests and SEAP ( 24,
  25,26,27,28)

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CDL SUPERVISOR TRAINING OUTLINE (continued)

• ALCOHOL VIDEO-- (21 minutes)
• BREAK--(15 MINUTES)
• VENDOR-- (15 minutes)
• Alcohol rules (29,30)
• Testing process (EBT demonstration)
• DRUG VIDEO-- (19 minutes)
• VENDOR-- (15 minutes)
• Drug rules ( 31,32,33,34)
• Fitness for duty/Prescription drugs (35)
• Drug Testing process/demo (collection, lab
  testing,) (36)
• Medical Review Officer (36,37)
• REASONABLE SUSPICION TRAINING VIDEO-- (27
  minutes) (38)
• COP REPRESENTATIVE--OTHER REQUIREMENTS
  (Background checks, employee training, annual
  license certification)(8 minutes) ( 39,40,41)
• Wrap-up, Questions, Sign training
  certifications-- (5 minutes)