ALCOHOL & DRUGS: DOT COMPLIANCE MANUAL. Table of Contents
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1 Table of Contents GENERAL... 1 Regulations History... 1 Applicability... 4 Implementation Dates... 5 Definitions... 5 Employee Admission of Alcohol/Drug Use Employee Test Notification Non-DOT Testing What the Regulations do NOT Require PROHIBITIONS/CONSEQUENCES... 1 Alcohol Prohibitions... 1 Drug Prohibitions... 1 Consequences... 2 Penalties... 7 Part TESTS REQUIRED... 1 Pre-Employment Testing... 1 Post-Accident Testing... 4A Random Testing... 8 Reasonable Suspicion Testing... 12L Return-to-Duty Testing Follow-up Testing TESTING PROCEDURES... 1 Alcohol Testing Procedures... 1 Drug Testing Procedures RECORDKEEPING... 1 Security... 1 Required Records... 1 Location of Records... 3 MIS Data Collection... 4 Access to Facilities and Records Medical Review Officer Reporting and Recordkeeping Employee Drug Test Notifications Previous Employer Test Information... 14
2 INFORMATION AND TRAINING... 1 Policy Required... 1 Supervisor Training... 3 Referral, Evaluation, and Treatment... 3 EMPLOYER PROGRAM IMPLEMENTATION INTRODUCTION... 1 EMPLOYEE POLICIES & PROCEDURES... 1 Program Preparation... 1 Issues Common to Alcohol and Drug Testing... 2 Joining a Consortium... 9 Drug Testing Alcohol Testing Program The SAP (Substance Abuse Professional) Function EAPs & RELATED PROGRAMS... 1 What exactly is an EAP?... 1 What types of EAPs are available?... 2 How much does an average EAP cost?... 3 What are the benefits of an EAP?... 4 How does an EAP work?... 5 WhocanusetheEAPservice?... 5 WhatstepsshouldwetaketoestablishanEAP?... 5 What about confidentiality?... 9 How can we encourage utilization? What about other treatment and rehab programs? What other options are available? Americans with Disabilities Act TRAINING FOR SUPERVISORS... 1 Training Considerations... 1 Training Content... 2 ALCOHOL & DRUG EFFECTS... 1 Effects of Alcohol... 1 How Alcohol Impairs Functions Needed for Driving... 7 Effects of Drugs... 9 The Warning Signs of Substance Abuse Detection Times SAMPLE FORMS... 1
3 POLICY DEVELOPMENT AND IMPLEMENTATION... 1 Legal Considerations... 3 Policy Guidelines... 5 LEGAL ISSUES LEGAL FOUNDATION... 1 Omnibus Transportation Employee Testing Act of The Constitutionality of the Regulations... 4B Judicial Developments... 8 Private Right of Action STATE LAW CONSIDERATIONS... 1 Preemption... 1 Summary of State Drug Testing Laws... 5 Wrongful Discharge... 8A Lawful Products Discrimination Legalization Issues COMMUNICATIONS SURROUNDING DRUG AND ALCOHOL TESTING PROGRAMS... 1 Defamation... 1 Invasion of Privacy... 4 Privileged Communications IMPLEMENTATION CONSIDERATIONS... 1 The Impact of the Regulations on FMLA Rights... 1 Negligence... 3 Workers Compensation Unemployment Compensation Miscellaneous Considerations ADA CONSIDERATIONS... 1 The ADA and DOT Regulations... 1 Drug and Alcohol Use as Disabilities... 3 Threat to Others Unlawful Discrimination and Reasonable Accommodation State Handicap Discrimination Laws IMPLEMENTATION IN UNION ENVIRONMENTS... 1 Considerations Under the NLRA... 1 Arbitration... 10
4 NLRA Preemption National Master Freight Agreement (NMFA) REGULATIONS INTRODUCTION... 1 PART 382 CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING... 1 Sec Disqualification of drivers CFR 1308 Schedules of Controlled Substances PART 40 PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS... 1 PART 391 QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS... 1 INTERPRETATIONS... 1 Part Part DOT Guidance on Consortia and Third-Party Administrators DOT Guidance for Reporting Specimen Validity Test Results Part 40 Additional Questions and Answers DOT Drug and Alcohol Regulations and HIPAA Other Frequently Asked Questions PROPOSALS... 1 REFERENCE OMNIBUS TESTING ACT... 1 U.S. CODE SECTION PART 199 DRUG AND ALCOHOL TESTING (PIPELINES)... 1 PART 219 CONTROL OF ALCOHOL AND DRUG USE (RAIL)... 1 PART 655 PREVENTION OF ALCOHOL MISUSE AND PROHIBITED DRUG USE (TRANSIT)... 1 CERTIFIED DRUG TESTING LABS... 1
5 NHTSA PRODUCT LISTS... 1 Breath Testing Devices... 1 Calibration Devices... 5 Alcohol Screening Devices... 7 DOT AGENCY CONTACTS... 1 Washington DOT Headquarters Offices... 1 FMCSA Resource Centers... 4 Field Offices... 5
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Confirm Limit--Level of detectable drugs in urine to confirm a positive test.
Alcohol and Substance Abuse Policy Purpose To establish and maintain a safe, healthy working environment for all PVFD members; reduce the incidence of accidental injury to members and property; reduce
Policy ALCOHOL AND DRUG POLICY DOCUMENT NUMBER: PCC-CM-PI-00005
Policy ALCOHOL AND DRUG POLICY DOCUMENT NUMBER: Effective: November 21, 2014 TABLE OF CONTENTS 1. POLICY STATEMENT... 3 2. SCOPE... 3 3. POLICY CONTENT... 4 A. Alcohol and Drug Work Rules... 4 4. RESPONSIBILITIES...
PROGRESS ENERGY CANADA LTD. DRUG AND ALCOHOL POLICY
PROGRESS ENERGY CANADA LTD. DRUG AND ALCOHOL POLICY Version: December 2013 Policy statement Progress Energy Canada Ltd. ( Progress ) is committed to the health, safety and wellness of its Employees, contractors,