RISKMANAGEMENT
the influence of drugs or alcohol can be
immediately tested (382.307). Employers
must train CDL driver supervisors to
detect the symptoms of driver impairment
(382.603).
RETURN-TO-DUTY:
Required for drivers
who tested positive, refused, or otherwise
violated the prohibitions of 49 CFR Part 382
Subpart B; and who have completed the
return-to-duty process with a DOT-qualified
substance abuse professional. This test
is directly observed, and a negative result
is required before resuming driving duties
(382.309 and 40.305).
FOLLOW-UP:
Required for drivers who tested
positive, refused, or otherwise violated the
prohibitions of 49 CFR Part 382 Subpart B;
and who have completed the return-to-duty
process with a DOT-qualified substance
abuse professional, and have tested negative
for a return-to-duty test. This testing
is prescribed by the substance abuse
professional for aminimum of 6 directly
observed tests in 12months, but can be
extended an additional four years (382.311
and 40.307).
Whatmust I dowhen an
employee tests positive,
or refuses a test, or has
some other violation of
theDOT drug and alcohol
regulations?
Youmust immediately remove the
employee from safety-sensitive functions
andgive the employee a list of qualified
SubstanceAbuseProfessionals (SAPs).
This listmust have SAPswho are suitable
to you and readily available to the
employee. Insteadof a list of SAPs, you
mayprovide thename andphonenumber
of a SAPnetwork thatwill offer qualified
SAPs to the employeewhen they contact
the employeeor the employee calls them.
■
Double-check tomake sure your SAP
meets all the DOT’s Part 40 qualification
requirements. These include checking
for credentials, training, and
examination.
■
NOTE:When an applicant fails or
refuses a pre-employment DOT test, you
cannot let the applicant perform safety-
sensitive duties for you, and youmust
provide a SAP listing to the applicant.
■
You cannot charge an applicant or an
employee for the SAP list, and youmay
have your TPA or another service agent
provide the list.
Can I fire an employeewho
tests positive/refuses a test?
That’s a companydecision, subject to
your policies and applicable legal or
collectivebargaining requirements.DOT
regulations don’t decide this for you. The
same goes for other personnel decisions
– likeother disciplinary action, hiring,
suspensions, or leaves of absence.What
theDOT regulations require is that
no
onewho violates adrug andalcohol rule
canperform safety-sensitive functions
againuntil successfully completing the SAP
return-to-dutyprocess.
Be sure that your insurance carrier
is your partner in interpreting the
regulations. TheNBISRiskManagement
teamof experts regularly supports
insureds’ on this andother types of risk
management programs
before
an event
canoccur resulting in a claim, injuryor
financial impact to the company.
■
For additional information on Controlled
Substance and Alcohol Compliance and/
or theNBISRiskManagement Support
System please call: 770.257.1787, or
email:
67
JUNE 2014
ACT
