How to Save Money

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How to Save Money

• Michael Redington
• US DOT/Volpe Center
• michael.redington_at_dot.gov

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Know thy Regulations
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Know thy Regulations

• Additional Costs Incurred Due To a Lack of
  Understanding of
• What must be done
• What may be done
• What should be done
• What can be done

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Over-Testing

• Random Minimum Required Rates
• 25 for Drug (01/2007)
• 10 for Alcohol
• For the Employer or Random Pool
• Ok for employer lt (25/10) if.
• In Random Pool gt (25/10)
• Appropriate Number of Random Selection Periods
  for the Number of Covered Employees
• Quarterly is Mandatory Minimum
• More Often May be More Costly Result In
• Relief Drivers, Overtime, etc.

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Over-Testing

• Pre-employment
• Many test early in the application process
• Test done prior to background check
• Result is lots of pre-employment testing
• Suggestion require test after hiring, during
  training period or later in the application
  process. Still need verified negative drug
  result prior to performance of safety-sensitive
  function.

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Over-Testing

• Post-Accident
• Auditors Consistently See Unnecessary/Improper
  DOT Testing
• Contrary to FTA regulations
• Testing doesn't meet threshold
• Use FMCSA criteria
• damage
• Citation issued by police
• Dont Discount the Driver No Test
• Conduct FTA and Company Test

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Over-Testing

• Some Maintenance Contractors are Exempt
• Recipients of Section 5311 Rural
• Recipients of Sections 5309 and 5307 that serve
  population lt 200,000
• Used on an ad-hoc or one time basis (local
  service station, muffler shop, etc.)

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Over-Testing

• Taxicabs Exempt when the patron (using
  subsidized vouchers) selects the taxi company
  that provides the transit service

Which one do I choose to use??
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Over-Testing

• Who? - Will/May Perform a Safety-Sensitive
  Function
• Supervisors?
• All Dispatchers?
• What about Alcohol Tests?

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90 Day Test

• You May - Maintain in Random Pool
• No pre-employment test allowed/required upon
  return
• Increase in random tests, but less than number of
  pre-employment tests

IF Remain in Random Pool
No Pre-Employment Tests
Will Result in More Random Tests
Overall Result Fewer Number of Tests
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Pre-Employment Alcohol

• Not Required by FTA
• 51,200 Pre-Employment Alcohol Tests in last 4
  years
• 51 Results gt 0.04 or Refusal
• 1out of every 1000 tests are Positive and/or
  Refusal
• 0.10 Violation Rate

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Random Selection Method

• Scientifically Valid Method - 655.45(e)
• Random Number Table
• Random Number Generator
• MS-Excel or similar product is an acceptable
  method
• Not required to have more sophisticated software
  or system

FTA does not endorse nor promote any individual
product.
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Training (Employee and Supervisor/Reasonable
Suspicion)

• One-time training is required
• Free videos and community training
• EAP Providers
• Law Enforcement Drug Awareness
• Common to see unrequired Annual Training

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Training

• Use In-house Staff Trainers
• HR
• Training Materials
• display and distribution information material
• http//www.drugfree.org/

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Training

• effects and consequences of prohibited drug use
  on personal health, safety, and the work
  environment
• signs and symptoms that may indicate drug use
• http//www.drugfree.org/drug-guide
• Drug Guide

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• http//www.dol.gov/elaws/asp/drugfree

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Training (Employee and Supervisor/Reasonable
Suspicion)

• Well-Trained Employees Supervisors
• Help you achieve safety goals
• Maintain program integrity
• Reduces program costs and liabilities

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You Can Piggyback
Im a Random Alcohol Test

Im a Random Drug Test
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Piggyback

• Prior to Random Selection Determine Which of
  the Selections will be Drug, Which will be Drug
  and Alcohol
• Send the Employee for Drug and Alcohol
• Fewer Relief Drivers
• Less Employee Wait Down Time
• More Costly Alternative is to do One Selection
  for Random Drug and a Completely Separate
  Selection for Random Alcohol

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Waiting at Collection Site

• How much time do your paid employees spend
  waiting at the collection site?

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Waiting at Collection Site
collector
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Waiting at Collection Site
Time to Collection Site
Time at Collection Site
NOTIFICATION

• Are your employees spending too much time here?
  Or here?

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Waiting at Collection Site

• Wait Time is Measurable
• Sign-in at Collection Site to Time of Test as
  recorded on ATF/CCF
• How much time from
• Here to Here?

Wait time can be negotiated in the contract!
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Transport to Collection Site

• Do Supervisors usually accompany your Employees?
• Post-Accident Reasonable Suspicion - YES
• Sometimes the closest is not the quickest to
  complete the entire collection process.

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They Come to You

• Mobile Collectors
• Come to a Designated Location Transit System,
  Bus Facility, etc.)
• May cost more per collectionbut
• Save on Employee Transport Time
• Save on Employee Collection Site Time
• No Supervisor Transport
• No Relief Driver?

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After-Hours Collections

• Individual Collectors are Qualified
• Collection Sites are NOT
• DOT-Approved, DOT-Certified, DOT-Qualified
• You may Contract with a Qualified Collector
• Collector comes to your location after-hours
• Hospitals
• Law Enforcement

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Maintain Records
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Maintain Records

• Keep records as required in 655.71
• FTA Drug Alcohol Audit
• FTA Triennial Review
• Other situations which may require a review of
  DA records (Arbitrations, Court Proceedings,
  etc.)
• What about Electronic?

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What Must the Employer Pay?

• Which Drug and Alcohol Tests?
• Processing Split Specimens
• But May Seek Reimbursement
• Employees Testing Records
• Reproduction Costs

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What is the Employer/Vendor NOT Required to Pay?

• DA tests other than processing split specimen
• Common to NOT pay for Return-to-Duty and
  Follow-Up
• SAP services
• Any analysis, study, explanation of a legitimate
  medical excuse following an unverified positive
• A referral physician acceptable to MRO

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Use FREE services

• FTA provides free training
• National Conference
• One-day seminars
• TSI 2 1/2 day seminars ( nominal fee)
• TSI Reasonable Suspicion Training meets FTA
  Requirements
• FTA provides free assistance
• FTA Drug and Alcohol MIS Project Office
• [phone], e-mail FTA.DAMIS_at_dot.gov
• ODAPC

• http//www.dot.gov/ost/dapc/

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Use FREE services

• FTA Drug and Alcohol Web Site
• http//transit-safety.fta.dot.gov
• Discussion Forums
• FTA Publications Clearinghouse
• Publications
• Reasonable Suspicion Videos Leaders Guide
• Technical Assistance Tools
• Check out the Resource Room

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Dont Reinvent the Wheel

• There are many sources of existing resources
  many will share
• Other FTA/DOT Covered Employers
• Geographic Location
• Similar Size
• FTA Grantees - Utilize their Safety-Sensitive
  Contractors
• Contractors Provide services for Multiple FTA
  Grantees

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Plagiarize, Steal and Copy

• Forms
• Release of Information (Previous Employer)
• OST/ODAPC
• Implementation Guidelines - FTA
• Post-Accident Determination Reasonable
  Suspicion Documentation Forms
• Best Practices Implementation Guidelines FTA
• Florida DOT, Center for Urban Transportation
  Research (CUTR)

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More Plagiarism, Stealing Copying

• Forms - FTA Best Practices
• Receipt of Policy
• Training Documentation Logs
• Certificate for Completion of Training
• Testing Logs
• Notification for Testing
• Employee Status Add/Remove from Random Pool
• .And More!!

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More Plagiarism, Stealing Copying

• Checklists
• Assist in Monitoring
• Collection Site(s)
• Contractors
• Consortium
• Third Party Administrators (TPA)
• Flow Charts
• Random Process
• Reasonable Suspicion Decision
• Post-Accident Decision

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More Plagiarism, Stealing Copying

• Sample Policies
• Compliant with Parts 655 40
• Rural Paratransit
• Large, Medium Small Sized Transit Systems
• Zero Tolerance
• City Government
• FTA FMCSA
• State DOT
• With Second Chance

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Audits Free Consulting

• Why Bring in Consultants Just Before an Audit?
• We will tell you the same thing they doplus more!

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Use P.E.T.E.R.

• Pre-Employment Testing Exemption Request
  Pre-Employment Test May NOT Be Required
• Change in Directly-Operated Safety-Sensitive
  Contractor
• Records Stay in Place and Accessible?
• Negative Pre-Employment Results Available?
• Any Interruption in Safety-Sensitive Duties?
• Any Interruption in Random Testing?

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P.E.T.E.R.

• Send Request to
• Jerry Powers, FTA Drug Alcohol Program Manager
  at Gerald.Powers_at_dot.gov

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Saliva Testing

• Allowed for Alcohol Screening Test
• About 3 - 7 per Individual Saliva Test Kit
• Currently 1/250 FTA Screening Tests Require (gt
  0.02) a Confirmation Test

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Second Chance Policy?

• Is it right for you?
• What should the employer pay
• SAP Services?
• Return-to-Duty Test?
• Follow-Up Test(s)?
• What do you do if it becomes a 3rd, 4th or 5th
  second-chance?

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Should I Join a Consortium?

• Consortia may allow several employers to combine
  their needs and buy in larger quantities share
  costs.
• Combine Employer, Contractors, DOT-Regulated
  (Non-FTA) Employers and FTA-Regulated Employers
• Share Vendor Services (Collectors, Collection
  Sites, MROs, SAPs, etc.)

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Vendor Shop

• TPA, Collection Site, Urine Collector, BAT,
  Saliva Test Technician, SAP, MRO, Lab
• The Customer is Always Right
• Do Vendor Policies/Procedures Coincide with
  Employers Best Interest
• Do You Get the Following?
• Proper and timely completion of paperwork
• Professional and respectful approach when
  contacting employees
• Clear communication from to DER
• Get what you pay for