Update on OTETA

Drug and Alcohol Testing Programs

Lynn Carr

VP Operations

April 10, 2014

www.firstlab.com

FirstLab

Third Party Administrator (TPA)

Manage the Drug and Alcohol Testing Program for School Districts under the Florida DOE State Contract

www.firstlab.com

History 1991 Omnibus Transportation Employee Testing Act

mandated drug and alcohol testing for all Commercial Driver’s Licensed (CDL) employees

Requirements for testing are detailed in FMCSA regulation 49 CFR Part 382 and the procedures for conducting the testing are found in 49 CFR Part 40

OTETA was aimed at preventing illicit drug use and alcohol misuse by employees in public transportation occupations to promote and protect public safety

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Program Basics

Each employer must: Have a written substance abuse policy Appoint a Designated Employer Representative (DER) Conduct required drug and alcohol testing in accordance

with Part 40 procedures Conduct Reasonable Suspicion Training for supervisors Provide drug and alcohol education materials or training for all CDL employees Maintain records and documents as required by DOT

regulations Conduct a check for previous drug and alcohol violations

with prior employers for all CDL applicants

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Reasons for Testing

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

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FirstLab - Primary Services

Identify Qualified Collection Sites Contract with Laboratories for Analysis of Samples Medical Review of Results Generate Random Lists Monitor Random Compliance Provide Regulatory Guidance Training Additional Services such as Previous Employer Drug

and Alcohol Background Checks

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Current Requirement for Previous Employer Drug and Alcohol Background Checks

Required at time of application or transfer to a CDL position

Applicant must sign release, identifying employers in past 2 years

Prospective employers must contact prior employers, provide signed release and request info on D & A violations

If previous employers report a DOT violation and applicant is hired, new employer must ensure SAP process is complete and FU testing is conducted

Proposed Rule for National Clearinghouse for D & A Data

February 20, 2014, the FMCSA posted the proposed rules for the CDL Drug and Alcohol Clearinghouse (Clearinghouse).

Proposed Rule for National Clearinghouse

Purpose is to diminish or eliminate the problem of:

1.A currently-employed CDL holder testing positive with a second employer or another potential employer while continuing to operate a CMV under his or her current employment without the current employer knowing and acting on the positive test.

2.A driver with previous positive tests seeking and obtaining work without prospective employers knowing and acting on that information.

Proposed Rule for National Clearinghouse

New Orleans Bus Crash - 1999

22 passenger fatalities

Post Accident drug test showed use of marijuana and a sedating antihistamine

Failed pre-employment drug test when applying for previous positions (current employer not aware)

Driver failed to disclose on application a previous employer who fired him after a positive drug test

Serious medical conditions

Proposed Rule for National Clearinghouse

Proposed Rule for National Clearinghouse

Proposed Rule for National Clearinghouse

NTSB recommended that FMCSA “develop a system that records all positive drug and alcohol results and refusal determinations and require prospective employers to query the system before making a hiring decision and certifying authorities to query the system before making a certification decision.”

Proposed Rule for National Clearinghouse

NTSB recommended that FMCSA “develop a system that records all positive drug and alcohol results and refusal determinations and require prospective employers to query the system before making a hiring decision and certifying authorities to query the system before making a certification decision.”

Proposed Rule for National Clearinghouse

US Government Accountability Office published Report

“Examples of Job Hopping by Commercial Drivers after Failed Drug Test”

http://www.gao.gov/assets/100/95567.pdf

Proposed Rule for National Clearinghouse

Significant Changes for School Districts:

Must use CDL # and State of issuance as donor identification

Must now go back 3 years on check instead of 2 years

Must conduct annual queries on current employees in addition to queries on new hires

Proposed Rule for National Clearinghouse

Additional Changes:

US DOT or EIN number must be referenced on CCFs and ATFs

Laboratories required to report annual aggregate statistical summary for all FMCSA covered employers to the FMCSA

Proposed Rule for National Clearinghouse

Costs:

Pre-Employment: $5.00 (full query)

Annual: $2.50 (limited query)

Cost benefit analysis is in the NPRM

Querying the National Clearinghouse

Full Query: Must be conducted for all new hires. Provides access to the reportable information in a driver’s

record and would require the employer to obtain written consent from the driver for access to Clearinghouse

information.

Limited Query: Grants access to information in the Clearinghouse but only indicates whether information exists in the database about a particular driver.

Proposed Rule for National Clearinghouse

NPRM can be found at: http://www.fmcsa.dot.gov/regulations/rulemaking/2014-03213

NPRM comments due by April 21st

FirstLab submitted questions/comments April 8th

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What Else is Ahead?

Electronic CCFs Oral Fluid Testing Synthetic Opioids Hair Testing National Registry of Certified Medical

Examiners

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Electronic Chain of Custody Forms

July 15, 2013, SAMHSA requested public comment on its proposal that the OMB approve use of a new with a proposed implementation date of September 1, 2013.

OMB has not yet approved the use of an eCCF

The current 5-part paper CCF remains the only approved Federal CCF.

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Electronic Chain of Custody Forms

When?Proposed rule in 2014?Implementation in 2015?

Improve Quality and EfficiencyImprove Turn-a-Round Time Currently used on wide spread

basis for Non-Federal programs

Oral Fluid Testing

Many advantages

When? On SAMHSA’s Fast Track

Probably 2014 but might be 2015

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Synthetic Opioids

AddingOxycodoneOxymorphoneHydrocodoneHydromorphone

When?Probably 2014 but might be 2015

National Registry of Certified Medical Examiners (NRCME)

The National Registry of Certified Medical Examiners (NRCME) is scheduled to be fully implemented by May 21, 2014.

Only examiners that have met the FMCSA criteria for training and testing will be able to perform commercial driver medical certification examinations after that date.

Applies to Interstate

National Registry of Certified Medical Examiners (NRCME)

Log into the FMCSA website to search for certified medical examiners or for more information

https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam

Marijuana

Medical Marijuana legal in 20 States + DC

Recreational use is legal in 2 states, Washington and Colorado

For employees covered by Federal drug testing rules, marijuana is not permitted regardless of state laws

Statistics-Florida DOE Contracted Business2013Drug Test Positive Rate = 0.5%

Marijuana

Cocaine

Opiates

Amphetamines

Alcohol Test Positive Rate = 0.1% (> or = 0.04)

Quest Diagnostics Drug Testing Index

Who to call?

Mary Ann Malarkey

Florida Team Supervisor

800-732-3784 extension 5515