CDL ADMINISTRATIVE MANUAL COMMERCIAL DRIVER LICENSE DRUG AND ALCOHOL TESTING AND LICENSING REQUIREME

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CDLADMINISTRATIVE MANUAL COMMERCIAL DRIVER
LICENSE DRUG AND ALCOHOL TESTING AND LICENSING
REQUIREMETS

• MANUAL 505.5

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CDL BRIEFING AGENDA

• Provide overview of CDL drug/alcohol testing
  program, policies, procedures, and use of new CDL
  forms
• Discuss role of CDL/SEAP Coordinators
• Discuss significant changes in manual
• Discuss CDL licensing and background check
  requirements
• Emphasize coding requirements
• Discuss protocols/issues involving SEAP
• Discuss labor relations/discipline issues
• Emphasize training requirements

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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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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 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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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

• Ensure positions identified/coded
• 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
• Ensure background checks conducted
• Coordinate with OA SEAP, agency SEAP/LRC, OA and
  PennDot program coordinators
• Ensure annual license/accident history review

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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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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 deemed by
physician to impair employees ability to perform
safety sensitive duties using Form STD 708.
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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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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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CDL CODING REQUIREMENTS

• Identification of positions
• Coordination between CDL Coordinator,
  Transactions input personnel, and local managers
• Meaning of Codes YSXT
• Extended leave for 30 days or longer
• Monthly review of agency CDL list and integrity
  of testing pool

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CDL CLASSIFICATION REQUIREMENTS

• Class specification CDL statement
  (regular,recurrent basis)
• Job descriptions reflect CDL duties
• Coordination with agency CDL Coordinator for new
  classes which require operation of CDL equipment

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RECRUITMENT REQUIREMENTS

• Negative pre-employment test before CDL
  assignments
• New CDL employees receive information and
  Employee CDL Manual, and new Form STD 702.
• Current employees assigned CDL duties are to be
  given necessary time/training to obtain license.
• Costs of license are responsibility of employee.

• Recruitment literature, vacancy announcements

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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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PRE-EMPLOYMENT TESTING

• DRUGS ONLY
• NEW HIRES
• PROMOTION INTO CDL POSITION
• USE FDA IF POSITIVE TEST
• REMOVAL FROM TESTING POOL FOR 30 DAYS OR LONGER

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PRE EMPLOYMENT TESTING REQUIREMENTS

• Conditional offer until receipt of test results
• Schedule applicant for test at least 10 days
  prior to start date
• Inform applicant of location and need for photo
  identification
• Provide applicant COP Drug/Alcohol Program form
  (pg 51)
• Insure applicant receives drug/alcohol testing
  information
• Use code (FDA) if applicant is passed over for
  positive test result for both civil service and
  non-civil service lists.

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RANDOM TESTING

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

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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 (pg.51)
• TYPE OF TESTS
• EMPLOYEE PHONE
• EMPLOYER CONTACT, PHONE
• CHAIN OF CUSTODY/ALCOHOL FORMS
• VERIFICATION OF TESTING
• TESTING SITE PROBLEMS

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REASONABLE SUSPICION TESTING

• SUPERVISORS MUST BE TRAINED
• FOLLOW CDL FITNESS FOR DUTY GUIDELINES
  (Appendices A, B)
  ?VISUAL OBSERVATION CHECKLIST
  ?QUESTIONS FOR SUSPECTED SUBSTANCE ABUSE
  ?OPINION/DECISION FOR TESTING ?FOLLOW PROTOCOLS
  FOR POSITIVE TESTS

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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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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 Procedures

• No delay of medical attention ?
• Drivers responsibility to remain available for
  testing
• Driver must refrain from alcohol for 8 hours
  following accident or until tested
• Agency must establish and inform
  employees/supervisors of accident procedures

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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

• Contact must be from SEAP to schedule return to
  duty test
• Verbal notification from PennDot CDL
  Coordinator of results

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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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TESTING ANALYSIS

• COLLECTION SITE (Alcohol-EBT)
• LABORATORY TESTING (Drugs)
• MEDICAL REVIEW OFFICER
• SPLIT SAMPLE
• PRESCRIPTION MEDICINE
• MRO
• FORM 708 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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DEALING WITH POSITIVE TEST RESULTS

• REMOVAL FROM SAFETY SENSITIVE DUTIESDETERMINE
  AVAILABILITY OF NON-SAFETY SENSITIVE DUTIES
• FITNESS FOR DUTY GUIDELINES
• REFERRAL TO SEAP
• LWOP UNTIL SEAP CONTACT
• SICK, ANNUAL, PERSONAL LEAVE 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 (Appendices C, D)
If treatment or education is
required then?
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REFERRAL, EVALUATION TREATMENT
Employee must access the type and level of
care/education as recommended by the SAP
(Appendix E)
Employee must be re-evaluated by SAP to determine
compliance and if able to return to safety
sensitive duty
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
(Appendices C,D, E)
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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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MAINTENANCE OF RECORDS

• CONTRACTOR --PRIMARY PENNDOT COPIES
• MRO/VENDOR PROVIDES WRITTEN NOTICE
• AGENCIES MAINTAIN IN OPF BACKGROUND CHECK
  INFORMATION, ANNUAL LICENSE AND ACCIDENT
  VERIFICATION, AND CERTIFICATES OF TRAINING
• SEAP REFERRAL INFORMATION MAINTAINED CONSISTENT
  WITH SEAP POLICY/PROCEDURES
• EMPLOYEES WITH WRITTEN RELEASE TO OTHERS

CONFIDENTIALITY
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Final Thoughts
Diluted specimen
Time off the job
Follow-up schedule
Communicate with supervisor and SEAP-CCO
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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 CDL operation

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SUPERVISOR TRAINING

• OA/Contractor training provided quarterly
• Training certification in OPF
• Agency specific procedures for accident
  reporting, fitness for duty, non-safety sensitive
  work
• Agency contacts
• Coding of supervisory training
• Ensure reasonable suspicion forms available

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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