# Presentation: 239309

## Department of InteriorDrug & Alcohol Testing Programs

## Creation of the Federal Drug & Alcohol Testing Program

- Presidential Executive Order in 1986 established a **Drug-Free Federal Workplace**** ****(firefighters/LE Rangers/Non-CDL Motor Vehicle Operators)**
**Omnibus Transportation Employee Testing Act of 1991**** (CDL Employees)**
- DOI Guidance issued 1988
- Clarified Roles of Supervisors
- Testing Procedures
- Purpose Of Regulations-Impact on Federal Workforce
**Billions of dollars of lost productivity each year**
**More on-the-job accidents**
**Higher absenteeism**

## DOI Drug Free Workforce

## Most Common Tests & Drug/Alcohol Testing Procedures

- Applicant
- Test initiated by Human Resources Office
- Applies to _ALL_ LE Rangers, Forestry Technicians, Engineering Equipment Operators, MVOs w/CDL
- Initial test is for drugs only (not alcohol)
- Failure of test – No 2nd chance allowed; debarred from DOI employment (any drug testing position) for 6 months
- Random
- Initiated in WASO on an ‘individual’ basis
- Local Human Resources Office contacts supervisor
- Employee _must _go to testing site immediately
- Refusal to be tested = Removal from position (months)

## Most Common Tests &  Drug/Alcohol Testing Procedures

- Reasonable Suspicion
- Forestry Technician/LE Rangers
- Requires observation of two Supervisors
- Initiated by Senior Supervisor
- Test only for drugs (not alcohol)!
- EEO, MVO w/cdl
- Observation & Initiation by one supervisor
- Test for both drugs and alcohol

## Most Common Tests &  Drug/Alcohol Testing Procedures

- Accident/Unsafe Act
_**ALL**_ DOI Positions except CDL
- Initiate if...
- Involves Death
- Involves Serious Injury requiring immediate hospitalization
- At least $10,000 damage to govt/private property

## Most Common Tests &  Drug/Alcohol Testing Procedures

- Accident/Unsafe Act – CDL Positions
- Initiate if...
- Involves Death
- Receive Citation for moving violation

## Special Note: On-duty Use or Possession of Illegal Drugs

- CDL Position:
- mandatory removal from federal service
- LE Ranger/Forestry Technician:
- must be referred to an Employee Assistance Program (EAP) for assessment, counseling and referral for treatment or rehabilitation.
- Disciplinary Action – Reprimand to Removal for 1st offense
- 2nd offense = Mandatory removal

## Special Note: September 30, 2005 Major Changes for CDL Employees

- New Potential for disqualification of CDL/Disciplinary action:
**Applies to offenses committed in *****any type of vehicle*****, including personal cars and pickups **
- Major Offenses (disqualification of your CDL for one year):
**Being under the influence of alcohol or drugs **
**Refusing an alcohol test **
**Leaving the scene of an accident**
- Serious traffic violations (2 or more in 3 year period _may_ = CDL Disqualification 60-120 days)
**Speeding by 15 mph or more **
**Driving recklessly **
**Making improper or erratic lane changes **
**Following too closely **

## Reasonable Suspicion Referral for Drug and Alcohol Testing CDL Positions

## ALCOHOL-RELATED STATISTICS 

- Recent statistics reveal that more than:
- 60% of burns,
- 40% of falls,
- 40% of fatal highway crashes,
- 69% of boating accidents,
- 76% of private aircraft accidents
- ...are alcohol related

## ALCOHOL-RELATED STATISTICS 

- Alcohol is the most abused drug in society today
- The annual toll in terms of fatalities in our country is staggering:
- 24,000 people will die on our highways due to the impaired driver.
- 12,000 people will die due to the alcohol-affected driver.
- 2/3 of all Americans will be involved in an alcohol-related vehicle accident during their lifetime.

## Drug/Alcohol Use Statistics

- Approximately **8%** of full time workers use illegal drugs
- Approximately **10%** of America's workforce, regularly abuse or are dependent on alcohol or drugs
- In a survey of 6,540 employees representing a range of industries, **23%** of upper-level managers reported any drinking **during working hours in the previous month  **

## Why We Use Drug/Alcohol Testing Services

**Drug/Alcohol use is strongly associated with**
- accidents
- absenteeism
- turnover
- work performance problems
- thefts
- medical/workers comp claims
**Testing is needed to ensure safety & security of employees & visitors**

## Prohibited Behavior 

- Consumption of alcohol from any source is prohibited. . .
- On duty while performing safety-sensitive functions
- 4 hours prior to duty requiring the performance of a safety-sensitive function
- 8 hours following an accident
- While on call
- Consumption of illegal drugs is prohibited at _ALL_ times

## Reasonable Suspicion: Period of Required Compliance

- Drugs - anytime on duty (regardless of current tasks)
- Alcohol - Only if the observations are made during, just preceding, or immediately following the performance of safety-sensitive functions
- Employees must proceed immediately to a collection site following a reasonable suspicion determination (employee should be transported)
- If an alcohol test is delayed beyond 2 hours, reasons for the delay must be documented

## General Requirements on Reasonable Suspicion Referrals

## Exercise 1 (True/False)

- 	It is your job as a supervisor to be able to make reasonable suspicion determinations for all employees whom you supervise.
**FALSE**
- 	Reasonable suspicion determinations should only be made for those employees who are performing **"safety- sensitive"** functions.

## Exercise 1 (True/False)

- 	According to FTA regulations, you must have another supervisor observe the employee and concur with your assessment before making your reasonable suspicion determination.
**FALSE**
- 	Only one supervisor's opinion (your own) is necessary to require a reasonable suspicion test.

## Exercise 1 (True/False)

- 	An employee's job title/description are not the determinants when assessing his/her "safety sensitive" function. Instead, the primary criterion is actual performance of a safety-sensitive function.
**TRUE**
- Note: National Park Service Position Description cover pages will note “Designated Drug Testing Position” for safety sensitive positions.

## Exercise 1 (True/False)

- 	Employee's who perform safety-sensitive functions are those who...
- Operate revenue service vehicles
**TRUE**
- Armed and non-armed security personnel
**FALSE – Only armed personnel **
- Hold a commercial driver's license
**TRUE**
- Perform maintenance on revenue and non-revenue service vehicles
-  **FALSE – Only revenue service vehicles**
- Control, dispatch or move revenue service vehicles
-   **TRUE**

## Exercise 1 (True/False)

- 	Use and ingestion of the five illicit drugs is prohibited four hours prior to performing a safety-sensitive function.
**FALSE**
- 	Use and ingestion of the five **illicit **drugs is prohibited at **all** times. Alcohol is the only substance with the four-hour usage requirement.

## Exercise 1 (True/False)

- 	The primary focus on making a reasonable suspicion determination is safety, both for the employee and the public to whom they provide a service.
**TRUE**

## Exercise 1 (True/False)

- 	A reasonable suspicion referral must only be made if a covered employee is determined as misusing or abusing either substance (alcohol or drugs). It is okay, however, for an employee to  consume small amounts of drugs and alcohol that would not be considered misuse or abuse, prior to performing a safety-sensitive function.
**FALSE**
- 	A covered employee should not consume any amount of drugs or alcohol, regardless of quantity, prior to performing a safety-sensitive function.

## Exercise 1 (True/False)

- 	A reasonable suspicion referral must be based on a trained supervisor's specific, contemporaneous, articulable observations based on the appearance, behavior, speech, or body odor of the person for whom the referral is made.
**TRUE**

## Slide 26

## Exercise 2 - Examples of Symptoms of being under the influence of alcohol

- Lack of Coordination
- Inability to perform acts or arrange items in the proper relative order.
- Constricted Pupils
- Narrowing or compressing of the pupil of the eye.
- Blackout
- Temporary, but not necessarily total loss of consciousness. Forgetfulness of events occurring over periods of time also constitutes a blackout.
- Bloodshot or water eyes
- Extreme reddening of, or water-filled eyes. May also have a glassy-like film over eyes.

## Exercise 2 - Examples of Symptoms of being under the influence of alcohol

- Sleepy or stuporous condition
- Dazed or confused look or reaction to an otherwise normal situation (e.g., not recognizing a familiar object or individual). Lethargic. Mental or physical inactivity. Lack of emotion, feeling, or enthusiasm to things generally found exciting or interesting.
- Aggressive or antagonistic behavior
- Hostile behavior (e.g., physical fights, loud verbal, abusive conversations).
- Slurred Speech
- Indistinct, incoherent word pronunciation (e.g., nonsense- sounding syllables and/or sentences during a conversation).
- Slowed reaction rate
- Delayed stimulus response to circumstances or events (e.g., non-instantaneous, startled reaction to a loud, unexpected, frightening noise).
- Dulled mental processes
- Not very alert or responsive. Lacking mental agility.

## Case Study #1

- 	Joe has been a metropolitan transit bus driver for 10 years. Recently you have noticed that he is very lethargic. In fact, several of his co-workers have reported seeing him dozing on the job. One day you notice a prescription container labeled "Contains alcohol, and will cause drowsiness" on his  desk.  When  asked  about  his  recent  downshift  in  his  energy  level,  he  looks  at  you  with  a glazed-over expression and says that he has not been getting much sleep lately due to the new baby. You make a reasonable suspicion referral but he refuses to take the test. What do you do?
**	****Answer: ****A refusal to be tested is to be treated as a positive test result. Contact HR.**
- 	What do you do in the event that he does confide in having an ailment that warrants medication, but failed to mention this to you earlier for fear of losing his job?
**	****Answer: ****Do not assume that the medication is the cause for Joe's symptoms. Make a reasonable suspicion referral. If he refuses to take the test, he must be removed from the safety- sensitive position and referred to a SAP for evaluation. **

## Case Study #2

- 	Mary was hired by a large transit system as a forklift operator only 4 weeks ago. Based on her prior  job  qualifications  and  experience,  the  personnel  administrator  has  informed  you  that  she holds a CDL and drove snowplows in a previous position. As a result, she may sometimes be asked to fill in for personnel whom you do not supervise. This morning, due to heavy snowfall, the  division  chief  asks  that  Mary  be  placed  on  stand-by  and  be  prepared  to  supplement  the snowplow   crew   at   a   moment's   notice,   if   needed.   During   lunch   at   the   local   restaurant, unbeknownst to her, you saw her drinking beer with her meal. What do you do?
**Answer: **
**You must refer Mary for a test if she reports for work to perform a safety-sensitive function (e.g. drive the bus) immediately after lunch. In addition,**** ****any trained supervisor**** ****observing the behavior even though she is not Mary’s immediate supervisor can make Mary’s referral. **
**Under FTA regulations, an employee must not consume alcohol while performing a safety- sensitive function, four (4) hours prior to performing the function. The period of time a supervisor can observe an employee for signs and symptoms of alcohol abuse, and refer the employee for a reasonable suspicion test is just before, during, or after the employee performs a safety-sensitive function. **

## Case Study #3

- 	Eight  years  ago,  Casey  tested  positive  for  illegal  drug  use  after  undergoing  a  “reasonable suspicion  test.”  Company  policy  permitted  Casey  to  return  to  work  after  completing  the recommended  treatment.  Up  until  2  months  ago,  he  has  been  punctual,  rarely  absent,  and produces  high-quality  work  in  a  timely  manner.  Since  then,  you  have  noticed  an  increase  in “sick,” or “in late” calls from him. What do you do?
**	****Answer: ****Under the FTA standard used to authorize a reasonable suspicion test for both prohibited drug and alcohol misuse, the supervisor must consider only short-term indicators. Long-term indicators such as absenteeism, tardiness, occupational injuries, repetitive moving traffic violations etc., cannot be used as a basis for conducting a reasonable suspicion test. However, other employee relations avenues can be pursued. Contact HR.**
- 	You also notice that on each of his breaks for the past 2 weeks, he has been drinking  from  a  dark-colored  flask,  and  a  fellow  supervisor  reports  smelling  the  odor  of alcohol on his breath on several occasions. What do you do?
**	****Answer: ****Ask the supervisor to inform you immediately the next time he happens to smell the odor. Verify the smell for yourself. Refer for test the first time you smell alcohol. **

## Case Study #4

- 	A  fellow  supervisor  reports  overhearing  telephone  conversations  between  a  dispatcher  and  a scheduler,  which  seem  to  suggest  that  they  have  both  been  cited  (on  separate  occasions)  for drunk  driving  offenses  involving  their  personal  automobile.  Their  personnel  file  contains documented  reports  from  co-workers  stating  that  on  several  occasions  they  have  been  seen passed out in the lavatory, or their car. What do you do?
**	****Answer: ****No referral. A hunch, gut feelings, hearsay, and long-term indicators such as absenteeism and tardiness are not valid reasons for a reasonable suspicion determination and referral. **
-  	Today, the dispatch log shows that on average, incoming calls were not being acknowledged by the dispatcher until the fourth to sixth ring, even when there were no active calls. On two such occasions you happened to be walking by the station and made the same observation. At that time, when you asked the dispatcher if he had not heard the ring of the incoming call, or seen the console light, he responded truthfully in the negative, but in an antagonistic and aggressive tone of voice. What do you do?
**	****Answer: ****This  is  only  a  performance  or conduct problem.  An  unprofessional response and delayed response to the phone does not justify a reasonable suspicion test. **

## Slide 33

## Complete Exercises 

**3.1 **
**3.2 **
**3.3**

## Answer 3.1

**Answer 3.1**

## Answer 3.2

## Answer 3.3

## Slide 38

## Slide 39

## Slide 40

## Slide 41

## Make The Call – The Reasonable Suspicion Interview

## Exercise 4 Scenario 1

**Use the checklist provided to identify the actions taken in each scenario presented below, and then  indicate  whether  that  action  was  taken  correctly  or  incorrectly**** **

**SCENARIO 1 **
**You, the supervisor have observed a bus driver on a bus while in service blowing smoke out of the  driver's  window.  At  the  stop,  you  board  the  bus  and  smell  the  odor  of  marijuana.  With passengers still on board, you immediately confront the driver and accuse him/her of smoking an illegal substance while on the job. You ask the driver to leave the bus and return to the bus yard for  the  remainder  of  his/her  shift.  After  arranging for a substitute  driver  to  take  over  the remainder of the route, you return to the bus yard and call the driver into your office where you advise him/her that they are being referred for a reasonable suspicion test, and that they must accompany you immediately to the collection site for testing. Startled by the operator's refusal to take the test, you inform them that their refusal is tantamount to a positive test result, and you are left  with  no  choice  but  to  remove  them  from driving  detail  and  assign  them  to  administrative duties  until  further  notice.  Upon  hearing  this,  the  operator  suggests,  and  you  readily  agree  to meet him/her at the test site first thing tomorrow morning. **

## Exercise 4 Scenario 1 Answers

## SCENARIO 2 
	You,  the  supervisor,  have  walked  into  the  busy  locker  area  and  observed  (via  the  concave mirrors)  a  train  operator  placing  a  needle  and  a  vial  into  his/her  locker.  You  decide  that  a reasonable   suspicion   referral   is   warranted   and   without   explanation,   ask   the   operator   to accompany you to your office. You proceed to tell him/her of your observation, and also that you have  heard  through  the  office  grapevine  that  he/she  has  been  exhibiting  signs  which  in  your opinion, and based on personal experience, could be diagnosed as manic depression. You begin to ask the employee specific questions, the answers to which would either support or refute your assessment. You believe the employee's explanations and justifications to be honest and rational. Against  your  better  judgment,  but  given  that  you  have  no  tangible  evidence,  you  end  your discussion  with  a  simple  warning,  and  recommend  treatment  centers  in  the  metropolitan  area where help is available. 

- 	You,  the  supervisor,  have  walked  into  the  busy  locker  area  and  observed  (via  the  concave mirrors)  a  train  operator  placing  a  needle  and  a  vial  into  his/her  locker.  You  decide  that  a reasonable   suspicion   referral   is   warranted   and   without   explanation,   ask   the   operator   to accompany you to your office. You proceed to tell him/her of your observation, and also that you have  heard  through  the  office  grapevine  that  he/she  has  been  exhibiting  signs  which  in  your opinion, and based on personal experience, could be diagnosed as manic depression. You begin to ask the employee specific questions, the answers to which would either support or refute your assessment. You believe the employee's explanations and justifications to be honest and rational. Against  your  better  judgment,  but  given  that  you  have  no  tangible  evidence,  you  end  your discussion  with  a  simple  warning,  and  recommend  treatment  centers  in  the  metropolitan  area where help is available.

## Exercise 4 Scenario 2 Answers

## SCENARIO 3 

	While on your way home from work one evening, you observe an off-duty mechanic purchasing a white powdery substance packaged in a Ziploc bag from a well-known drug dealer. The next day you notice that her pupils are dilated, and that she is having difficulty using a screwdriver while performing maintenance on a 40-foot bus. You approach her in the work bay and inform her  that  you  are  making  a  reasonable  suspicion determination  and  that  she  should  accompany you to the collection site. As you expected, she vehemently denies these allegations and states that  unless  you  are  able  to  prove  that  she  is  on  drugs,  you  have  no  right  to  request  that  she accompanies you anywhere. In a calm manner you explain that you sincerely hope to be proven  wrong and that if she is "clean", then taking the test should not be a problem. She responds that you are in violation of her civil rights, throws down her tool belt and walks away. The following day, she reports to work still adamant about not taking the test, and threatens to take legal action against you and the company. 

- 	While on your way home from work one evening, you observe an off-duty mechanic purchasing a white powdery substance packaged in a Ziploc bag from a well-known drug dealer. The next day you notice that her pupils are dilated, and that she is having difficulty using a screwdriver while performing maintenance on a 40-foot bus. You approach her in the work bay and inform her  that  you  are  making  a  reasonable  suspicion determination  and  that  she  should  accompany you to the collection site. As you expected, she vehemently denies these allegations and states that  unless  you  are  able  to  prove  that  she  is  on  drugs,  you  have  no  right  to  request  that  she accompanies you anywhere. In a calm manner you explain that you sincerely hope to be proven  wrong and that if she is "clean", then taking the test should not be a problem. She responds that you are in violation of her civil rights, throws down her tool belt and walks away. The following day, she reports to work still adamant about not taking the test, and threatens to take legal action against you and the company.

## Exercise 4 Scenario 3 Answers

## WRAP-UP GROUP REVIEW & DISCUSSION 

**The intent of this drug and alcohol testing program is not to control private lives of employees. The primary concern is to protect the ****safety**** of employees, passengers, and the public.**
**Illegal drug use and alcohol misuse is not an excuse for unacceptable performance. The focus is on ****safety****.**
**Employees who perform safety-sensitive functions are responsible not only for their  own  personal  well  being,  but  that  of  their  colleagues  and  the  public.  Hence,  this program focuses on those employees.**

## Under FTA regulations, an employee must not:
Consume alcohol while performing a safety-sensitive function, four (4) hours prior to performing the function and up to eight (8)   hours   following   an   accident   or   until   the   employee undergoes a post-accident test, whichever occurs first. 
Ingest/Inject/Smoke illegal drugs at any time. 

**Consume alcohol while performing a safety-sensitive function, four (4) hours prior to performing the function and up to eight (8)   hours   following   an   accident   or   until   the   employee undergoes a post-accident test, whichever occurs first.**
**Ingest/Inject/Smoke illegal drugs at any time.**

## Regulations  require  that  a  reasonable  suspicion  referral  must  be  based  on trained supervisor’s specific, contemporaneous, articulable observation concerning  the appearance, behavior, speech, or body odor of the person for whom the referral is made.

Only one trained supervisor’s opinion is necessary to require a reasonable suspicion test for CDL employees.  However,  the  supervisor’s  decision  must  pass  the  “reasonable  and  prudent” rule of thumb. The “reasonable and prudent” rule of thumb is a cognitive judgment  call that requires the supervisor to:

1) assess the facts, signs and circumstances for  which the reasonable suspicion is being determined, AND 
2) cognitively deduce that a  similarly  trained  and  experienced  supervisor  (having  observed  the  same  facts, signs and circumstances) could have reached the same conclusion. 

** **
**Only one trained supervisor’s opinion is necessary to require a reasonable suspicion test for CDL employees.  However,  the  supervisor’s  decision  must  pass  the  ****“reasonable  and  prudent”**** rule of thumb. The “reasonable and prudent” rule of thumb is a cognitive judgment  call that requires the supervisor to:**
** **
**1) assess the facts, signs and circumstances for  which the reasonable suspicion is being determined, AND **
**2) cognitively deduce that a  similarly  trained  and  experienced  supervisor  (having  observed  the  same  facts, signs and circumstances) could have reached the same conclusion.**

## Supervisors directly responsible for a decision to conduct a reasonable suspicion test must respect an individual’s dignity, and as a matter of policy are required to keep that information confidential. 

If an employee is showing signs and symptoms of being under the influence of drugs or alcohol, every effort must be made to conduct the test immediately. 

Refusal to a drug and/or alcohol test is tantamount to a positive test result. 

**If an employee is showing signs and symptoms of being under the influence of drugs or alcohol,** **every effort must be made to conduct the test immediately.**
**Refusal to a drug and/or alcohol** **test is tantamount to a positive test result.**

## Under  the  FTA  drug  rule, employees  must  receive  60  minutes  of  training  on  the  drug  testing  program, including  health  and  safety  issues,  employees'  roles  and  responsibilities,  and  the testing  process.  The  FTA  alcohol  rule  requires  that  employees  be  provided  with additional   materials   addressing   those   same   issues   as   they   relate   to   alcohol. Employers  must  also  distribute  copies  of  their  substance  abuse  policies  to  their safety-sensitive employees. 

Regulations  prohibit  a  supervisor  who  is  the  direct  supervisor  of  the employee from conducting the breath test and/or collecting urine specimens. 

Employees are given the opportunity to list prescription medications they are taking on their copy of the Custody and Control Form. 

**Regulations  prohibit  a  supervisor  who  is  the  direct  supervisor  of  the employee from conducting the breath test and/or collecting urine specimens.**
**Employees are given the opportunity to list prescription medications they are taking on their copy of the Custody and Control Form. **

## Supervisors can make reasonable suspicion referrals of other supervisors in safety-sensitive positions.

If a trained supervisor conducts a reasonable suspicion referral in a proper and confidential  manner  that  supervisor  has  performed  his  or  her  job  appropriately. Regardless  of  the  test  result,  if  the  supervisor  has  observed  the  “reasonable  and prudent" rule in the conduct of the reasonable suspicion referral, the supervisor has met his or her responsibility. 

Employees believed to be under the influence of a prohibited substance or misusing alcohol may be an immediate hazard to themselves and others. The FTA rules do not  require  that  documentation  be  generated  to  support  a  reasonable  suspicion referral; however, the employer may require, or the supervisor may wish to create such documentation as a good business practice. If such documentation is created, it must be retained for one year. 

**If a trained supervisor conducts a reasonable suspicion referral in a proper and confidential  manner  that  supervisor  has  performed  his  or  her  job  appropriately. Regardless  of  the  test  result,  if  the  supervisor  has  observed  the  ****“reasonable  and prudent"**** rule in the conduct of the reasonable suspicion referral, the supervisor has met his or her responsibility. **
**Employees believed to be under the influence of a prohibited substance or misusing alcohol may be an immediate hazard to themselves and others. The FTA rules do not  require  that  documentation  be  generated  to  support  a  reasonable  suspicion referral; however, the employer may require, or the supervisor may wish to create such documentation as a good business practice. If such documentation is created, it must be retained for one year. **

## Conclusion

- Approximately **8%** of full time workers use illegal drugs
- Approximately **10%** of America's workforce, regularly abuse or are dependent on alcohol or drugs
- Mgmt responsibility is to provide a safe working environment for _**all **_employees