NATCA

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NATCA

• Drug Alcohol Testing

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Types of Testing

• Random
• Post Accident
• Reasonable Suspicion
• Pre-employment
• Follow-up - Return to Duty

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Types of Testing

• Random
• Post Accident
• Reasonable Suspicion
• Pre-employment
• Follow-up - Return to Duty

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Random Testing

• WHO CAN BE TESTED?
• Facilities selected randomly by computer
• ANYONE who holds a medical eligible including
  staff, supes, those on administrative duty
• If in a pay status, you can be tested
• FACREP on RDO can be tested only if you sign on

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Random Testing

• HOW IT WORKS
• or, as I like to say -

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Random Testing

• HOW ITS SUPPOSED TO WORK
• Management notified when testers are on the way
  to facility
• FACREP notified when testers arrive at facility.
  FACREP is informed who site coordinator is and
  how many will be tested
• Site coordinator works the list to identify who
  will be tested and determine time limit (usually
  20 mins/test for Drug Testing 10 mins/test for
  Alcohol Testing)
• Determine location for testing and secure that
  area

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Random Testing

• Employees to be tested are notified verbally
• CONFIDENTIALLY
• 15 - 30 mins prior to testing
• Employees may have a rep during collection
  process provided the rep is readily available and
  will not delay testing process. Employee
  required to request rep when notified that they
  will be tested (Art 73, Sec 3)
• BUMs entitled to confer with rep up to 10 mins
  before and after testing
• Site Coord provides a list of instructions (photo
  ID, excess garments, etc)
• USE AND FILL OUT NATCA CHECKLIST !!!!!!!!

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Random Testing

• Testing can occur at any time of any day
• Testing can be done in ANY order
• Someone calls in sick, next eligible person can
  be tested
• Family emergency, SC can excuse and test next
  eligible person
• Testing may go beyond established time limit
• Submit RFI to Regional DPC through your ATM for
  the test list
• Timeliness - Quicker you submit RFI, quicker you
  get list
• May FAX RFI to Patsy Bickford _at_ [phone]

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REASONABLE SUSPICION

• Mngmt makes determination if they believe someone
  is using drugs either on or off duty, consuming
  alcohol on duty or misusing alcohol
• CANNOT require testing based on HUNCHES,
  determination MUST be based upon OBSERVABLE
  PHENOMENA, such as
• - direct observation of use
• - physical symptoms of being under the influence
  of drugs or alcohol
• - information provided by either a credible or
  reliable source or independently corroborated
• Documentation must be developed maintained
  describing the circumstances that formed the
  basis that reasonable suspicion exists

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REASONABLE SUSPICION

• Employees MUST be notified in writing.
• Verbal notification may be used IF written
  notification cannot be timely, but -
• Written notification MUST still be provided later
• Notification SHALL be CONFIDENTIAL

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REASONABLE SUSPICION

• WRITTEN NOTIFICATION SHALL INCLUDE
• Precise, detailed statement describing
  circumstances which formed the basis for the
  decision to test
• Quality assurance statement on accuracy of tests
• Statement that results will be handled with
  maximum respect for individual confidentiality,
  consistent with safety and security
• Opportunity procedure for submitting
  documentation that may support a legitimate use
  of a specified drug
• Consequences of a verified positive test,
  including disciplinary action

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REASONABLE SUSPICION

• WRITTEN NOTIFICATION SHALL INCLUDE
• Availability of professional counseling including
  name phone number of local EAP
• Exact date, time and location of test

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REASONABLE SUSPICION

• Drug test will be standard split specimen
• Test will be UNOBSERVED UNLESS there is
  suspicion to believe employee may tamper with the
  sample
• Alcohol testing will be breathalizer
• Employee may have union representation provided a
  rep is readily available and testing is not
  delayed
• If results are negative, ALL records MUST be
  expunged from ALL files

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POST ACCIDENT TESTING

• May be required when management determines a
  covered event may have occurred, AND
• The employees job performance at or about the
  time of the accident or incident provided reason
  to believe that such performance MAY have
  contributed to that accident or incident OR
  cannot be completely discounted as a contributing
  factor to the accident or incident (3910.1C)

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POST ACCIDENT TESTING

• WHAT IS A COVERED EVENT ?
• According to the Testing Guide, a covered event
  is -
• An aviation accident, either in the air or on the
  ground that involves one or more of the
  following
• a fatality
• serious injury defined as an injury which
• requires immediate hospitalization
• results in a fracture of any bone NOT including
  simple fracture of nose, fingers or toes
• causes severe bleeding
• nerve, muscle or tendon damage

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POST ACCIDENT TESTING

• Involves any internal organ
• involves 2nd or 3rd degree burns, or ANY burns
  affecting more than 5 of the body
• Substantial damage to aircraft
• What the hell is SUBSTANTIAL DAMAGE TO AN
  AIRCRAFT ?

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SUBSTANTIAL AIRCRAFT DAMAGE

• IN ACCORDANCE WITH THE DRUG ALCOHOL TEST GUIDE,
  SUBSTANTIAL DAMAGE IS DEFINED AS
• Damage or failure which adversely affects the
  structural strength, performance or flight
  characteristics of the aircraft and which would
  normally require major repair or replacement of
  the affected component

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SUBSTANTIAL AIRCRAFT DAMAGE

• NOT CONSIDERED SUBSTANTIAL DAMAGE
• Engine Failure
• Damage limited to an engine if only one engine
  fails or is damaged
• Bent fairings or cowlings
• Dented aircraft skin
• Small puncture holes in aircraft skin or fabric
• Ground damage to rotor or propeller blades
• Damage to landing gear including wheels and tires

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SUBSTANTIAL AIRCRAFT DAMAGE

• NOT CONSIDERED SUBSTANTIAL DAMAGE
• Damage to flaps or wing tips
• Damage to or failure of engine accessories
• Damage to or failure of brakes

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POST ACCIDENT TESTING

• LEAVING THE FACILITY
• Ref Art 73 Testing Guide
• Must be available for recall
• Target time for testing is 4 hours for drug test
  - 2 hours for alcohol test
• Employee MUST be notified (at least verbally)
  PRIOR to leaving the facility that they may be
  alcohol tested or no testing for alcohol is
  permitted (MOA)
• If notified verbally, employee MUST be notified
  later in writing
• Employee may be recalled for drug testing even if
  no notification was given prior to leaving the
  facility

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POST ACCIDENT TESTING

• LEAVING THE FACILITY
• Ref Art 73 Testing Guide
• Do NOT drink or take any medications not
  previously approved by the Flt Surgeon for 8
  hours

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DRUG TESTING PROCEDURE

• Each BUM is allowed up to 10 mins with rep after
  notification prior to testing.
• Review NATCA checklist with the BUM so they know
  what to watch for and have each BUM fill out a
  form immediately after test
• Natca Rep IS allowed in Administrative area if
  requested by employee
• Rep should get testers names and the company
  they work for
• First part of form filled out.

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DRUG TESTING PROCEDURE

• You are NOT required to allow use of SSN for ID
  on form
• Watch them like a hawk
• If any plastic seals are broken, ask for a new
  test kit
• Split specimen test. If first sample tested is
  negative, second thrown away. If first is
  positive, second is tested. EXCEPTION - If
  masking agent is detected, 2nd sample will not be
  tested and termination is initiated.
• Tester should show you and confirm with you that
  temperature is in normal range prior to pouring
  from large collection cup into 2 specimen bottles
• There is no rule against flushing toilet after
  every test but dont do it without the testers
  approval.

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DRUG TESTING PROCEDURE

• Believe it or not, testers are NOT required to
  wear gloves - and if they dont
• FILL IT TO THE RIM !!!
• Complete form with tester
• Make notation on your copy of any medications you
  are taking.

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ALCOHOL TESTING PROCEDURE

• Breath testing ONLY - no blood tests allowed
• FACREP allowed in testing area - NO ONE ELSE
• BUMs allowed up to 10 mins with rep before and
  after test
• Review NATCA checklist and have BUM fill it out
  immediately after test
• Employee should ensure mouthpiece wrapped in
  plastic and should witness it being opened. If
  not - ask for a new mouthpiece
• Air blank test REQUIRED PRIOR to each test and it
  must register 0.00

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ALCOHOL TESTING PROCEDURE

• 2 attempts allowed on air blank test. If it
  doesnt register 0.00 on second test, a new
  machine MUST be used or testing is stopped
• Screen test 0.00, go back to work
• Screen test 0.02 or higher, confirmation test
  performed after 15 min waiting period
• Result of confirmation test is the official
  result
• Make sure printout is same as what the machine
  read out

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ALCOHOL TESTING PROCEDURE

• CONFIRMATION TEST 0.02 TO 0.039
• First Offense
• Employee placed in not ready for duty status
  removed from safety related duties for remainder
  of shift
• Issued Letter of Warning which includes
  explanation of consequences of any subsequent
  determinations of a not ready for duty status
• Temporarily assigned non safety related duties if
  available.
• If admin not available, employee SHALL be offered
  the option lf A/L or LWOP (Art 73).

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ALCOHOL TESTING PROCEDURE

• CONFIRMATION TEST 0.02 TO 0.039
• First Offense
• NEVER, NEVER let a BUM take AWOL!!!!!
  Disciplinary action could follow as a result of
  being on AWOL status
• Employee can return to work on next assigned
  shift provided it is at least 8 hours after
  alcohol test was performed

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ALCOHOL TESTING PROCEDURE

• CONFIRMATION TEST 0.02 TO 0.039
• Second Offense
• Less than 24 months since last offense
• Determined not ready for duty dismissed from
  work site. REMEMBER, NO AWOL !
• Employee will be issued a proposal to terminate
  and offer for rehab
• INFAMOUS LAST CHANCE LETTER

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ALCOHOL TESTING PROCEDURE

• CONFIRMATION TEST 0.02 TO 0.039
• Second Offense
• Less than 24 months since last offense
• Determined not ready for duty dismissed from
  work site. REMEMBER, NO AWOL !
• Employee will be issued a proposal to terminate
  and offer for rehab
• INFAMOUS LAST CHANCE LETTER
• More than 24 months since last offense
• Treated as a first offense

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ALCOHOL TESTING PROCEDURE

• CONFIRMATION TEST 0.040 or higher
• First Offense
• Proposal to terminate and offer for Rehab (Last
  Chance Letter)
• SECOND OFFENSE, FAILURE TO COMPLETE REHAB or
  FAILURE TO ABSTAIN
• TERMINATION WITH NO CHANCE OF REHAB

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WHAT IF .

• I cant provide an adequate breath sample for the
  BAT during an alcohol test
• BAT will require a second attempt
• After 2nd attempt I still cant provide an
  adequate breath sample
• you will be referred to Flt Surgeon for
  determination of whether or not there is a valid
  medical reason why you cant
• If no valid medical reason determined, treated as
  a refusal to submit

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WHAT IF .

• On a drug test, I cant provide at least 45ml
  sample (also known as BASHFUL BLADDER)
• given a reasonable amount of time, at least 2
  hours, to provide a sample (OT if held past duty
  time)
• you will be ordered to remain at the test site
  and drink 8 oz of fluids per half hour NTE 24 oz.
• If you are needed operationally, the SC can send
  you back to work, tell your sup what happened and
  make your sup make you drink fluids
• if you still cant pee 45ml, the SC will notify
  DPC and another test will be scheduled

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WHAT IF .

• On the rescheduled test, if you still cant
  provide an adequate sample, results are
  reported to MRO. MRO will contact you to find
  out why you cant pee. If MRO determines no
  valid medical reason, agency will initiate
  termination of employment for refusal to submit
  to a test.

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WHAT IF .

• Collector thinks you are tampering with the
  process or sample
• SC will inform DPC
• you may be required to submit to an observed
  test
• both samples are sent to lab
• everything will be documented
• OR THEY CAN
• initiate termination action with no chance to
  enter into rehab

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WHAT IF .

• DRUG TEST COMES BACK POSITIVE
• First occurrence, agency will initiate action to
  fire you BUT the termination will be held in
  abeyance youll be given an opportunity to
  enter rehab
• Failure to accept rehab offer gets you fired
• Failure to successfully complete rehab or
  maintain abstinence gets you fired
• ON DUTY USE, POSSESSION or TRAFFICKING ILLEGAL
  DRUGS
• FORGET IT! CYa! BYE! - YOU ARE HISTORY ! ! !
  !
• ON DUTY USE OF ALCOHOL
• See statement above in BLUE ! ! ! !

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WHAT IF .

• FAILURE TO REPORT FOR A TEST
• Youll be given an opportunity to provide a
  legitimate excuse
• You then get fired with no chance to enter rehab
  ! ! ! !
• Unless, of course, they believe your excuse for
  not showing up
• REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL
  TEST
• Once again, CYa, BYE ! ! - You are HISTORY ! ! !
  no chance for rehab
• CAN THE REP HAVE TESTS STOPPED IF IT IS SCREWED
  UP?
• NO! All you can do is complain to the Site
  Coordinator and file grievances

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• IF YOU REMEMBER NOTHING ELSE, REMEMBER THIS
  -
• ANYTIME you are ordered to report for a drug or
  alcohol test, GO ! ! ! ! !
• THERE IS NO ACCEPTABLE EXCUSE FOR REFUSING TO
  SUBMIT TO A TEST ! ! !
• except
• NTSB cannot require you to submit to testing
• USE THE NATCA CHECKLISTS

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SELF - REFERRAL

• NEVER, NEVER, NEVER self refer to any FAA
  management !!!!!!
• Call EAP Hotline [phone]EAP or 1-800-234-1327
• EAP will start the process
• Referral and appointment will be made with local
  EAP provider
• sign release forms for info exchange between Flt
  Surgeon, EAP manager, treatment providers, EAP
  contractors
• Do NOT sign a release form authorizing
  information release to your manager

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SELF - REFERRAL

• EAP will inform Flt Surgeon
• medical decertification
• Flt Surgeon CANNOT tell your mngmnt why you are
  medically decertified UNLESS you sign a release
  authorizing it
• Perform non safety related duties or, if admin
  not available, take leave
• EAP provider does substance abuse evaluation
• Treatment plan will be developed and provided to
  you to accept sign
• NO LAST CHANCE LETTER or PROPOSAL TO TERMINATE

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SELF - REFERRAL

• HOWEVER -
• You may self refer ONLY
• up until the time testers arrive at your facility
• after testing is completed results of negative
  have been received
• You CANNOT self refer if
• the agency is conducting an investigation
  concerning the employees alleged substance abuse
• when on duty and an accident occurs and post
  accident testing is required

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SELF - REFERRAL

• MEMO FROM DAVID HINSON
• Dated July 29, 1995
• An employee who voluntarily identifies himself
  or herself as someone who uses illegal drugs or
  misuses alcohol, prior to being identified
  through other means, shall not be identified to
  the agency on the first occurrence of such self
  referral for the purposes of taking any
  disciplinary action.
• A verified positive result on any subsequent test
  or a violation of prohibited conduct will be
  treated as a first violation.

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NSO DRUG/ALCOHOL TESTING REPS

• TODD PARKER
• PIN 17005
• FLA, GA, MS, AL, CARRIBEAN
• DAVID YARNEL
• PIN 17010
• NC, SC, KY, TN