# Presentation: 207124

## 	Testing Thresholds and Criteria:  Post-Accident and Reasonable Suspicion Decision-making

- Presented by: Leila Procopio-Makuh

## POST-ACCIDENT TESTING

## FTA Definition of “Accident”

- An occurrence associated with the operation of a vehicle (including operation of its lift) resulting in:
- 	-  an individual’s death; or
- 	-  bodily injury requiring immediate medical treatment away from the scene; or

## FTA DEFINITION OF “ACCIDENT” - cont’d. 

- 	-  disabling damage to one or more of the vehicles (if bus, electric bus, van, or automobile) and requires the vehicle to be transported from the scene; or
- 	-  removal from operation of the vehicle (if rail car, trolley car, trolley bus, or vessel).

## WHEN TO TEST?

- Whenever there is a human fatality.
- When a non-fatal accident meets the FTA definition of “accident,” _unless_ the employee can be _completely discounted_ as a contributing factor to the accident.

## 	WHO TO TEST?

- The operator of the mass transit vehicle. Employee must remain readily available for testing and must provide consent.
- Any other covered employee whose performance could have contributed to the accident.

## WHO MAKES THE DECISION?

- The employer – based on the best information available at the time of the decision.
- Employer must document decision to test or not to test for every accident. (See sample Post-Accident Testing Decision-Maker Form).

## TIME REQUIREMENTS FOR TESTING

**ALCOHOL** – as soon as possible.
- 	-  If not tested within 2 hours following the 	accident, document reason for delay, and 	continue attempt to test.
- 	-  If not tested within 8 hours, cease all 	attempts and document reason for failure 	to test.

## TIME REQUIREMENTS FOR TESTING

**DRUGS ** – as soon as possible, but within 32 hours of the accident.
- 	-  If not tested within 32 hours, cease all    	attempts.

## TESTING OUTSIDE OF FTA CRITERIA

- Under employer’s own authority
- 	-  Non safety-sensitive employees
- 	-  Damage within a certain dollar threshold
- 	-  _Any_ company-owned vehicle
- 	-  More extensive drug panel

## TESTING OUTSIDE OF FTA CRITERIA – cont’d.

- Must use non-Federal or non-DOT testing forms.
- Must use a separate urine void.
- Not included in annual DAMIS report.

## ACCEPTANCE OF OTHER TEST RESULTS

- If unable to test within the required time period, the employer may accept the result of a test performed by Federal, State, or local officials having independent authority for the test.
- The employer may use the test result(s) only if it is able to obtain the result from the testing authority.

## COMMON PROBLEMS IN POST-ACCIDENT TESTING

- Policy does not clearly define circumstances when testing is required.
- Testing is often omitted or significantly delayed without proper documentation.
- Inadequately trained supervisors making decisions.
- Lack of supervisor empowerment.

## POST-ACCIDENT TESTING SCENARIOS

**To Test or Not To Test – YOU DECIDE**

## REASONABLE SUSPICION TESTING

## DEFINITION

- Reasonable suspicion testing is NOT a diagnostic tool.
- Testing is used only to rule out the possibility that the unusual behavior or appearance being observed may be caused by drug abuse or alcohol misuse.

## WHO MAKES A REASONABLE SUSPICION REFERRAL?

- A supervisor or company official trained in detecting the signs and symptoms of drug use and alcohol misuse.
- Only _one_ supervisor or company official is required.
- As soon as possible, document each reasonable suspicion testing referral. (See Sample Reasonable Suspicion Testing Referral Form).

## WHEN IS A REASONABLE SUSPICION INTERVIEW NECESSARY?

- When a trained supervisor or company official (not a third party) observes an employee exhibiting signs and symptoms consistent with drug use or alcohol misuse.
- The decision to test or not to test must be based on specific, contemporaneous, and articulable observations concerning the employee’s appearance, behavior, speech, or body odors.

## SUPERVISOR TRAINING

- 	_Minimum Requirements_:
- 	In addition to the training required of all safety-sensitive employees, supervisors and company officials must receive:
- 	-  at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use; and
- 	-  at least 60 minutes on the physical, behavioral, speech and performance indicators of probable alcohol misuse.

## SUPERVISOR TRAINING – cont’d.

- _Additional recommendation_:
- 	At least 60 more minutes on:
- 	-   how to conduct the interview
- 	-   how to “make the call”
- 	-   employer’s additional requirements
- 	-   other circumstances that require drug and 	alcohol testing

## INDICATORS OF PROBABLE DRUG USE OR ALCOHOL MISUSE

- Physical
- Behavioral
- Speech
- Performance
- Body Odors

## PHYSICAL INDICATORS

- Flushed or very pale complexion
- Excessive sweating or skin clamminess
- Bloodshot eyes
- Dilated or constricted pupils
- Unfocused, blank stare
- Disheveled clothing
- Unkempt grooming

## PHYSICAL INDICATORS – contd.

- Runny or bleeding nose
- Possible puncture marks
- Dry mouth, wetting lips frequently
- Nystagmus (involuntary jerky eye movement)
- Sensation of bugs crawling on skin

## BEHAVIORAL INDICATORS

- Stumbling, unsteady gait, poor coordination
- Hyperactivity, fidgety, agitated, disorderly
- Shaking, tremors, twitches
- Breathing irregularly or with difficulty
- Nausea or vomiting
- Extreme fatigue, sleeping on the job

## BEHAVIORAL INDICATORS – cont’d.

- Irritable, moody, belligerent
- Suspicious, paranoid
- Depressed, withdrawn
- Lackadaisical attitude

## SPEECH INDICATORS

- Slurred, thick, slowed
- Incoherent, nonsensical, silly
- Repetitious, rambling
- Loud, boisterous

## SPEECH INDICATORS – cont’d.

- Rapid, pressured
- Excessive talkativeness
- Exaggerated enunciation
- Cursing, inappropriate speech

## PERFORMANCE INDICATORS 

- Inability to concentrate
- Impulsive, unusual risk-taking
- Lack of motivation
- Delayed decision-making
- Diminished concentration

## PERFORMANCE INDICATORS – cont’d

- Impaired mental functioning and alertness
- Frequent and extended absences from meetings or work assignments
- Reduced quality/quantity of work
- Significant increase in errors

## BODY ODORS

- Odor of alcohol on breath
- Distinct pungent aroma on clothing or person

## WHEN TO CONDUCT REASONABLE SUSPICION TESTS

**Drugs** – anytime the employee is on duty, regardless of current assignment.
**Alcohol** – authorized only if the observations are made during, just before, or just after the employee’s performance of safety-sensitive duties.

## TIMELINESS OF REASONABLE SUSPICION TESTS

- Following reasonable suspicion determination, employee must proceed immediately to the test site. (For safety reasons, employee should be escorted.)
- If alcohol test is not conducted within 2 hours, document reason for delay.
- After 8 hours, cease all attempts and document reason for inability to test.

## COMMON PROBLEMS IN  REASONABLE SUSPICION TESTING

- Underutilized in the transit industry
- Inadequate supervisor training
- Supervisors unwilling to “make the call”

## REASONABLE SUSPICION TESTING CASE STUDIES

## EMPLOYER ACTIONS CONCERNING POLICY VIOLATION

- For employers with “*Zero Tolerance*” policy (termination after 1st offense)
- 	-  Immediately remove employee from 	safety-sensitive work
- 	-  Refer to a qualified Substance Abuse 	Professional (SAP)
- 	-  Initiate termination proceedings

## EMPLOYER ACTIONS CONCERNING POLICY VIOLATIONS – cont’d.

- For employers with “*Second Chance*” policy
- 	-  Immediately remove employee from 	safety-sensitive work
- 	-  Refer employee to a qualified SAP
- 	-  Initiate disciplinary proceedings (e.g., 	suspension)

## EMPLOYER ACTIONS CONCERNING POLICY VIOLATION – cont’d.

- “*Second chance*” policy – cont’d.
- 	-  Ensure that employee successfully 	completes the SAP referral, evaluation, 	and treatment program.
- 	-  Ensure that employee has a negative 	Return-to-Duty drug and / or alcohol test 	before allowing him / her to return to 	safety-sensitive work.

## WRAP-UP QUESTIONS and ANSWERS

## Can an employee be terminated based on a positive test result or test refusal?

- Answer: ________________________________________________________________________________________________________________________________________________

## When would a supervisor require an employee to undergo a Reasonable Suspicion drug / alcohol test? 

- Answer: ________________________________________________________________________________________________________________________________________________

## If a bus is taken out of service after an accident, but there is no bodily injury or disabling damage, is the operator required to be tested?

- Answer: ________________________________________________________________________________________________________________________________________________

## Can supervisors make reasonable suspicion testing referrals of other supervisors?

- Answer: ____________________________________________________________________________________________________________________________________________

## Can a supervisor be held liable for defamation of character if the reasonable suspicion test results are negative?

- Answer: ____________________________________________________________________________________________________________________________________________

## An operator stayed in the hospital for 24 hours after an accident for medical treatment and observation. Can you still send him for testing after he’s released?

- Answer: ____________________________________________________________________________________________________________________________________________________________________

## Who is in charge of making post-accident testing decisions?

- Answer: ____________________________________________________________________________________________________________________________________________

## If testing does not occur within the required time frame, what must the employer do? 

- Answer: ________________________________________________________________________________________________________________________________________________

## Can you send an employee for Reasonable Suspicion testing based on a “tip” you received from a passenger?

- Answer: ________________________________________________________________________________________________________________________________________________

## Can you send an employee for Post-Accident testing based solely on the amount of the damage on the vehicle?

- Answer: ____________________________________________________________________________________________________________________________________________

## Are supervisors, if they have the proper training, allowed to collect urine specimens  or conduct alcohol tests on their employees?

- Answer: ________________________________________________________________________________________________________________________________________________