6 "General" posts during 7/2006
DOT Regulation questions?
I am a Substance Abuse Professiona (SAP). If you have any DOT regulation questions plese contact me and I will answer them at no charge.
Category: General
Posted on Mon, Jul 24 2006 @ 9:10 AM [EST]
[Permalink] [Comments - 1] [Send Article] [Improper]Return-to-Work Process
OUTLINE OF THE Return-to-Work PROCESS
DOT's return-to-duty process is explained here. The process itself is lengthy and involved. An employee who has been removed from duty because of a violation must successfully complete this process before he/she can be considered for return to duty or be hired by a different DOT-covered employer.
What is the DOT return-to-duty process?
A positive test is a violation. So also is a refusal to be tested. So are a number of other things that are prohibited by DOT.
When an employee has a positive test or refuses to be tested or has one of the other violations, DOT requires the employer to immediately remove that employee from safety-sensitive functions. An employer who allows an employee with a violation to continue performing safety-sensitive functions is subject to fines, up to $10,000 per day.
An employee who has a violation has two options.
1) He/she can find another job, outside of the transportation industry.
OR
2) He/she can be considered for returning to safety-sensitive functions in the transportation industry, but only after successfully completing DOT’s return-to-duty process, and then providing a negative result on a return-to-duty drug and/or alcohol testing.
The return-to-duty process requires involvement of a qualified and trained Substance Abuse Professional, or a SAP.
The SAP must conduct a face-to-face clinical evaluation of the employee. DOT’s rule then requires the SAP to recommend treatment and/or education for the employee.
The SAP must send a report to the employer, specifying the SAP's recommendation for treatment and/or education.
The SAP must then monitor the employee’s progress in the recommended program of treatment and/or education.
When the SAP feels that the employee has made sufficient progress, the SAP will schedule a Follow-Up evaluation for the employee.
Based on that evaluation, the SAP will report to the employer that the employee has successfully complied with the SAP's recommendation (or that the employee has not complied.)
If the SAP reports that the employee has successfully complied with the recommendation, the employer will decide whether to arrange for a return-to-duty test for the employee. (The employer is not obligated to take the employee back.)
If the SAP reports that the employee has not successfully complied with the recommendation, the employer cannot return to the employee to safety-sensitive functions.
An employee who has not successfully complied with the SAP's recommendation may not return to safety-sensitive functions for any DOT employer until the SAP's recommendations have been fully met, and the employee is able to provide a negative return-to-duty test.
DOT's return-to-duty process is explained here. The process itself is lengthy and involved. An employee who has been removed from duty because of a violation must successfully complete this process before he/she can be considered for return to duty or be hired by a different DOT-covered employer.
What is the DOT return-to-duty process?
A positive test is a violation. So also is a refusal to be tested. So are a number of other things that are prohibited by DOT.
When an employee has a positive test or refuses to be tested or has one of the other violations, DOT requires the employer to immediately remove that employee from safety-sensitive functions. An employer who allows an employee with a violation to continue performing safety-sensitive functions is subject to fines, up to $10,000 per day.
An employee who has a violation has two options.
1) He/she can find another job, outside of the transportation industry.
OR
2) He/she can be considered for returning to safety-sensitive functions in the transportation industry, but only after successfully completing DOT’s return-to-duty process, and then providing a negative result on a return-to-duty drug and/or alcohol testing.
The return-to-duty process requires involvement of a qualified and trained Substance Abuse Professional, or a SAP.
The SAP must conduct a face-to-face clinical evaluation of the employee. DOT’s rule then requires the SAP to recommend treatment and/or education for the employee.
The SAP must send a report to the employer, specifying the SAP's recommendation for treatment and/or education.
The SAP must then monitor the employee’s progress in the recommended program of treatment and/or education.
When the SAP feels that the employee has made sufficient progress, the SAP will schedule a Follow-Up evaluation for the employee.
Based on that evaluation, the SAP will report to the employer that the employee has successfully complied with the SAP's recommendation (or that the employee has not complied.)
If the SAP reports that the employee has successfully complied with the recommendation, the employer will decide whether to arrange for a return-to-duty test for the employee. (The employer is not obligated to take the employee back.)
If the SAP reports that the employee has not successfully complied with the recommendation, the employer cannot return to the employee to safety-sensitive functions.
An employee who has not successfully complied with the SAP's recommendation may not return to safety-sensitive functions for any DOT employer until the SAP's recommendations have been fully met, and the employee is able to provide a negative return-to-duty test.
Category: General
Posted on Tue, Jul 18 2006 @ 3:13 PM [EST]
[Permalink] [Comments - 1] [Send Article] [Improper]How Does random Testing Work?
Employers are responsible for conducting random, unannounced drug testing. The total number conducted each year must equal at least 50% of safety-sensitive drivers. Some drivers may be teted more than once each year, some may not be tested at all depending on the random selection. Random testing for drugs does not have to be conducted in immediate time proximity to performing safety-sensitive (driving) functions. The employer can notify the employee of the random selection for him/her to be tested at any time,in other words, the driver does not have to be on duty when notified he/she must take a test. Once notified of the selection for testing, however, the driver must proceed immediately to a collection site to accomplish the urine specimen collection.
If you have any questions, contact me.
If you have any questions, contact me.
Category: General
Posted on Fri, Jul 14 2006 @ 9:47 AM [EST]
[Permalink] [Comments - 0] [Send Article] [Improper]`Negative-Dilute Test Results
In addition to positive and negative DOT drug/alcohol tests there is another test result: Negative-Dilute which is used to describe a result when no drug was found in the specimen. The rule requires the medicalreview officer (MRO) to interview those donors whose specimens are reported as substituted, adulterated or invalid. Validity testing is now mandatory for all specimens. Validity testing is a process used to detect attempts to change (adulterate) a urine sample to achieve a negative result.
Employers can retest all Negative-Dilutes Pre-Employment test results, but not retest all Negative-Dilute Random or other test types.
If you have any questions contact me.
Employers can retest all Negative-Dilutes Pre-Employment test results, but not retest all Negative-Dilute Random or other test types.
If you have any questions contact me.
Category: General
Posted on Fri, Jul 14 2006 @ 9:30 AM [EST]
[Permalink] [Comments - 0] [Send Article] [Improper]Prohibited drugs and retention time
What drugs does DOT test for and their retention times:
Substance Approximate retention time
Amphetamines (speed,meth,uppers) 1-2 days
Cocaine Metabolite (crack,cocaine) 12 - 48 hours
Opiates (heroin,hash) 1-3 days
Phencyclidine (PCP) 1-8days occasionaluse/to 30 days chronic use
Cannabinoids (marijuana,hash) 1-7 days occasionaluse/1-4 weeks chronic use.
If you have any questions contact me at: [/b]
Substance Approximate retention time
Amphetamines (speed,meth,uppers) 1-2 days
Cocaine Metabolite (crack,cocaine) 12 - 48 hours
Opiates (heroin,hash) 1-3 days
Phencyclidine (PCP) 1-8days occasionaluse/to 30 days chronic use
Cannabinoids (marijuana,hash) 1-7 days occasionaluse/1-4 weeks chronic use.
If you have any questions contact me at: [/b]
Category: General
Posted on Fri, Jul 14 2006 @ 7:34 AM [EST]
[Permalink] [Comments - 0] [Send Article] [Improper]Ignorance is no excuse
I have reatedly had clients that tell me the same story. "I was not told about having to see a SAP after I failed a DOT test."
The safety oficer, DER or someone in HR will give you a phone number to contact the Medical Review Oficer(a doctor)who will inform you that you tested positive for prohibited drugs (Reg. 283.215) and what substance you tested positive for. Your employer is responsible for giving you the phone numbers for 2 Substance Abuse Professionals (SAP's)so you can return to work by going thru the return-to-work process with the SAP. Whether you are terminated or not is the employers option according to the company policy. The cost ot the return-to-work process has to be paid by the employee. Sometimes the employer will advance you the money topay for this but they are not obligated to do so.
If you have any questions contact me at:
The safety oficer, DER or someone in HR will give you a phone number to contact the Medical Review Oficer(a doctor)who will inform you that you tested positive for prohibited drugs (Reg. 283.215) and what substance you tested positive for. Your employer is responsible for giving you the phone numbers for 2 Substance Abuse Professionals (SAP's)so you can return to work by going thru the return-to-work process with the SAP. Whether you are terminated or not is the employers option according to the company policy. The cost ot the return-to-work process has to be paid by the employee. Sometimes the employer will advance you the money topay for this but they are not obligated to do so.
If you have any questions contact me at:
Category: General
Posted on Fri, Jul 14 2006 @ 7:14 AM [EST]
[Permalink] [Comments - 3] [Send Article] [Improper]