Alcohol & Drug Testing FAQs
1. Why am I being selected for a random?
2. Am I the only one being selected?
3. Why do you tape up the bathroom? It makes me feel like a criminal.
4. Why did you make me empty my pockets? Is that legal?
5. Do I have to give my social security number?
6. Why can't you use hair instead of urine?
1. Why am I being selected for a random?
Pursuant to DOT Rules and Regulations, DOT covered employers are required to conduct random alcohol and drug test on their covered workers. DOT requires that the selection process be scientific based. This is usually performed by use of a computer randomizing software. The employer enters their covered workers into the data base and then runs the program which selects the individuals to be tested and the type of tests that are to be administered.
2. Am I the only one being selected?
No, each covered employer is required by DOT regulation to select a specific percentage of the total number of covered employees. For example, if your company falls under the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA), your company must select 50% of the covered employees for drug testing and 10 % of the covered employees for alcohol testing. This rate varies for each DOT covered modal like Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), etc.
3. Why do you tape up the bathroom? It makes me feel like a criminal.
The regulation covering the collection procedures for urine specimen collections is very specific. It outlines the minimum procedure/protocol which must be done to ensure the integrity and security of the collection process. The regulations specify the steps we must take, which may include but is not limited to the following: taping off water sources, soap dispensers, and atomizers; putting bluing into the commode water; and removing other things like hand lotions and air fresheners. The procedure is required by regulation and is not specific to any one individual.
4. Why did you make me empty my pockets? Is that legal?
As a DOT covered employee, you are required to display the contents of your pockets to the technician. Failure to do so is considered a refusal to test (49CFR 40.191). We are required to inspect the contents of your pockets to ensure contaminants and/or adulterants are not introduced into the testing process.
5. Do I have to give my social security number?
No, the regulation specifically allows you to use any other unique identifier. You may use your driver's license number, employer I.D. number, payroll file number, etc. However, that number should be specific to you. This number is used to track the test and subsequent results of YOUR specimen.
6. Why can't you use hair instead of urine?
The USDOT allows ONLY breath for alcohol and urine for drugs. There is no other permissible medium.
No, you do not need to disclose any medicine you are taking. We will remind you to write down any medication so that you can remember to tell the Medical Review Officer (MRO) what you are taking.
The testing is limited to drugs/medication made from the five substances being tested for (e.g. cholesterol medication, blood pressure medication, and birth control in most cases will not affect the test result). Should anything show up in the test, the MRO will contact you regarding the test result before speaking with your employer. Legitimate medical use may be permissible under the regulations.
The USDOT requires all covered employers to develop both a DOT and non-DOT testing policy. The DOT policy covers all the components of the DOT rules and regulations. The non-DOT policy covers things which the regulation may not cover or other specifics of an incident which may not be defined in the regulation.
NO, you do not have two hours. This is a misunderstanding. The regulation states that you are required to immediately report for the test.The USDOT Office on Drug and Alcohol Policy (ODAP) issues a publication that you can get from their website which states: upon notification of testing, every step you take from that point forward must be toward the completion of the test.
There is not enough information to give you a definitive answer. However, based only on your information, the post-accident requirement was probably driven by company policy and procedures. If there was an injury, it may have been driven by your company's workers compensation policy. Since there was no apparent aircraft involvement, this probably does not fall under the jurisdiction of the DOT/FAA regulations (14CFR121 app I & J).
Generally speaking, the information is protected but not necessarily regulated under H.I.P.A.A. Federally mandated testing is specifically not protected under H.I.P.A.A. However, it is protected under DOT Rules and Regulations. There are limitations to the disclosure of the test results, usually only to your MRO and employer. If you have a positive test that information may also be disclosed to future employers under the DOT Regulations.
Drug testing in this manner is forensic, not medical, which means the test is to determine the presence of specific prohibited substance(s) Medical testing means the test is being administered to diagnose a medical condition. Medical testing is protected under H.I.P.P.A.
Yes, 49-CFR-395 is very specific. All time spent in the administration of a drug or alcohol test must be recorded on the drivers log. This time is also deducted from his available hours of service for the day, whether or not the carrier pays his/her wages.In general, this time is considered to be from the time of notification through the time the test is completed and the driver returns to work. Caution should be used in the scenario described. The regulations require that the driver immediately report for the drug test. If you are notifying the driver, are you certain he is immediately reporting for the test?
In all probability, the test done at the hospital was a medical test, not a forensic test. Medical testing is protected under H.I.P.P.A. and your employee will have to sign a release before the hospital will release the lab report. Forensic testing is not protected under H.I.P.P.A.
In all likelihood, the test will not be acceptable to the USDOT for a post-accident test. All DOT tests must be submitted to a D.H.H.S./S.A.M.S.H.A. certified laboratory under a chain of custody. All DOT tests are to be confirmed by G.C./M.S. and those results released to the MRO for review. Most hospitals do not have G.C./M.S. capabilities and most are not D.H.H.S./S.A.M.S.H.A. certified.
In Denver, for example, none of the hospitals conduct forensic testing, nor do they employ 49-CFR- part 40 qualified technicians. The forensic testing is outsourced to companies like us. Many of the occupational medicine clinics offer drug testing to their client companies, however this is only during clinic hours. Some of the clinics have retained companies like us to provide services to their clients after hours, weekends, and holidays.
In addition, there is not a D.H.H.S./S.A.M.H.S.A. certified laboratory in Colorado. All DOT specimens collected in Colorado are shipped out to certified labs.
In the future, you should have your dispatcher call us as soon as the accident is reported. We will dispatch one of our technicians to the scene of the accident or to the hospital and administer the DOT required testing. Our technicians are well versed in the USDOT regulations for all modals as well as Workers Compensation issues. All of our technicians are Part 40 qualified.
The question is too vague. However, based only on this information, NO the accident does not qualify under 382.303.a.a1.a2.b1 or b2. The vehicle was not being operated on a public road. However, you are still required to follow the 49-CFR-172 requirements for an accident involving a HazMat spill. A form 5800.1 must be completed and the appropriate notifications made to the N.R.C. and local emergency response groups (police department, fire department, E.P.R.C., etc.). Did the spilled fuel enter a water way or storm sewer? If so, the spilled fuel is now hazardous waste and as the generator of the spill you are responsible for the remediation, restoration costs, and clean-up of the spill. There are several requirements under 49 CFR and under 40 CFR for which you are responsible. Call with any questions or if we may be of further assistance.
Yes, the technician can give you a warning. Under 49-CFR-Part 40, the technician is required to have you attempt to provide a specimen as soon as you arrive, even though you reported that you had just urinated. By refusing to make the attempt, you have refused to cooperate with the testing process (see 49-CFR-382.211 and 49 CFR 40.191: failed to cooperate with the testing process; behaved in a way that disrupted the testing process).
Yes, you must report the positive test to your new employer. 49-CFR-391.21 clearly requires your disclosure at the time of application. As well as the disqualification under 49-CFR-391.15.2.ii. Additionally, your previous employer is required under 49-CFR-40.25 to disclose all information relating to your participation in their alcohol and drug testing program, which also covers any and all positive tests.
First, you must make sure you have a company policy covering testing, testing procedures, refusals, random procedures, etc. We can assist you in developing and implementing these policies. Also, check with your Workers Compensation carrier. Many carriers require some type of post-accident drug testing as part of their cost containment program. However, most Workers Compensation carriers do not pay for testing. Also 8-42-112 and 8-73-108 of the Colorado Un-Employment Law and Workers Compensation laws provide for certain reductions in benefits if the employee tests positive at or above prescribed levels. We also suggest you review the policies with your legal council.
Regarding your question, there are two possible answers. Under DOT Regulations, you may not use the test result for any other purpose! Whether or not that test can be used in a W.C. related issue is highly questionable. You must follow the appropriate procedures as they are defined in 49-CFR-382 for a positive post-accident test. If the accident does not meet the requirements for a post-accident test as they are defined, then the accident should revert back to your non-DOT policies. If the test is being administered under your non-DOT policies, then yes, the test results may be used as part of your determination for a W.C. claim.
** USE EXTREME CAUTION**
DOT Regulations allow for you to use service agents in the administration of your program. The TPA cannot force you to use someone not of your choosing. See 49 CFR 40.15, 49 CFR 40.73 and 49 CFR 40, Appendix F. There are a number of prohibitions in Appendix F concerning C/TPAs and their roles. For example, as a collector, we cannot disclose a B.A.T. test result to a C/TPA unless you as the employer have specifically authorized that release to the T.P.A. (49 CFR 40, App F, 1). We must report that result directly to the company DER
Appendix F to Part 40--Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers[emphasis added]
1. If you are a C/TPA., you may, acting as an intermediary, transmit the information in the following sections of this part to the DER. for an employer, if the employer chooses to have you do so. These are the only items that you are permitted to transmit to the employer as an intermediary. The use of C/TPA intermediaries is prohibited in all other cases, such as transmission of laboratory drug test results to MROs, the transmission of medical information from MROs to employers, the transmission of SAP reports to employers, the transmission of positive alcohol test results, and the transmission of medical information from MROs to employers.
2. In every case, you must ensure that, in transmitting the information, you meet all requirements (e.g., concerning confidentiality and timing) that would apply if the party originating the information (e.g., an MRO or collector) sent the information directly to the employer. For example, if you transmit MROs' drug testing results to DERs, you must transmit each drug test result to the DER. in compliance with the requirements for MROs set forth in 40.167.*
Additionally, it is the employer/carriers responsibility to ensure the qualifications of all its service agents. It is your program and ultimately you are responsible for the program. There is no reason why the C/TPA cannot transmit the requested information to the MRO of your choosing. Check with your corporate program manager. It is possible that corporate will make the change for financial reasons. Nonetheless, the TPA can only do what you allow them to do.
Without knowing some of the other details (alcohol or drugs), there is not a specific answer. Yes, there are provisions within the FAA standards that allow for permanent revocation of your Airman Certificate and barring from performing safety sensitive duty [14 CFR 121 VI (E) (1) & (2) is one of the citations that specify permanent disqualification].
*US. Department Of Transportation.Code of Federal Regulations Office of Drug & Alcohol Policy & Compliance. Title 40. 25 June 2008. 22 Dec. 2008 http://www.dot.gov/odapc/NEW_DOCS/appendix/Appdx_F_20080625.pdf.
 DOT Drug Testing FAQ.pdf |
