Troubleshooting for DAPMs: Solving Common Problems

1. Troubleshooting for DAPMs:Solving Common Problems Ed VanderPloeg March 17-18, 2010

2. Introduction • About the speaker • Session format • Walk through several common scenarios for Drug and Alcohol Program Managers (DAPMs) • Many taken from real-life situations described/observed during audits • Discussion and questions; active participation • Session goals • Think about issues before they arise • Identify approaches, tools, resources to address problems when they do arise

3. Topics • Regulations/Forms/Guidance • Scenarios: • Random testing • Post-Accident testing • Reasonable suspicion testing • Recordkeeping • Working With / Identifying Vendors • Day-to-Day Program Management

4. Regulations/Forms/Guidance • “I heard there have been some recent changes to the drug and alcohol testing regulations. I didn’t even know any changes were planned! Where can I find copies of the new regs? What about when there are future changes– how will I know?”

5. Online Resources - Regulations • Part 40 Regulations (DOT Drug and Alcohol Testing Procedures): http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html • Part 655 Regulations (FTA Drug and Alcohol Testing Requirements): http://www.access.gpo.gov/nara/cfr/waisidx_08/49cfr655_08.html • “What’s New” Sign-up: http://transit-safety.fta.dot.gov/

6. Regulations/Forms/Guidance • “I just got back from a statewide meeting of drug and alcohol program managers where people were talking about a Best Practices Manual, post-accident decision-making forms, and all sorts of other things that I’d never heard of. I sat there in silence feeling like a fool. Where can I find copies of all these forms and documents that can help me improve my program?”

7. Online Resources – Forms & Guidance • Office of Drug and Alcohol Policy and Compliance (ODAPC) website: http://www.dot.gov/ost/dapc/ • FTA Safety and Security website: http://transit-safety.fta.dot.gov/

8. Online Resources – Forms & Guidance • Drug and Alcohol publications: http://transit-safety.fta.dot.gov/Publications/order/default.asp • Drug and Alcohol Technical Assistance Materials: http://transit-safety.fta.dot.gov/DrugAndAlcohol/TechnicalAssistance/default.asp

9. Random Testing - Scenarios • Refer to Exercise 1 in Handout • 15 minutes on random testing scenarios

10. Random Testing – Discussion Question #1 • “I’ve had a few positive tests – for both drugs and alcohol – over the past couple of years. Before that, nothing. Anyway, I’m not confident that I’m actually deterring the problem – even with the positives I’ve gotten. I know that FTA says I need to test 10% of my employees for alcohol, and 25% of my employees for drugs annually. What can I do to be more effective at deterring drug and alcohol use?”

11. Random Testing - Discussion Question #2 • “I have tried and tried, but I just can’t get my collection site to do tests for me beyond 9-5, M-F. I know I need to test outside these hours. What can I do?”

12. Post-Accident Testing – Discussion Question #1 • “If one of my drivers has an accident that triggers an FTA post-accident test, what documentation do I need to maintain in the file?”

13. Post-Accident Testing – Discussion Question #2 • “One of my drivers was injured in an accident, and is in a coma. I want to remove any cloud over us as far as any drug or alcohol use – for liability reasons. I was thinking about having the doctor take a blood sample. That’s OK, right?”

14. Post-Accident Testing - Scenarios • Refer to Exercise 2 in Handout • 25 minutes on post-accident testing scenarios

15. Reasonable Suspicion Testing– Discussion Question • “I am afraid to send employees for reasonable suspicion testing. What if I am wrong? I am afraid that the union will declare war on me. What should I do?”

16. Reasonable Suspicion Testing - Scenarios • Refer to Exercise 3 in Handout • 15 minutes on reasonable suspicion scenarios

17. Recordkeeping – Discussion Question #1 • “I am going to be audited next month, and I can’t find some of my records. I’m usually pretty good about that sort of thing, but I was out for six weeks after surgery and some things just fell through the cracks. What should I do?”

18. Recordkeeping – Discussion Question #2 • “I am missing a test result, and it has been a week. I called everyone – the collection site, the lab, the MRO – and nobody has a record of that test. The employee swears he went for the test but that he threw away his copies of the testing forms. What should I do?”

19. Working With Vendors – Discussion Question #1 • “I’ve been working with my collection site for a long time, and things have been mostly great. But over the past 6 months or so, there have been more errors in the paperwork. A couple of tests have been canceled. My guys are waiting in the lobby 1, 2 hours – sometimes more – just for a random test. I know they have cut some positions, and some of the collectors are new. I don’t want to have to go elsewhere – especially because I’m friends with the director over there – but I don’t think I have a choice. What can I do?”

20. Working With Vendors – Discussion Question #2 • “I’ve been hit by a triple whammy this month. I just learned in a matter of weeks that my MRO is retiring, my SAP is moving her practice to another state, and my collection site has decided that it is no longer going to conduct DOT collections. My program is falling apart before my very eyes! Help! How can I identify a new MRO, SAP, and collection site?”

21. Online Resources – Identifying Vendors • Identifying a Medical Review Officer: http://www.aamro.com/locate/ • Identifying a local Substance Abuse Professional: http://www.saplist.com/find_a_sap/search.php

22. Online Resources – Identifying a Collection Site • Drug and Alcohol Testing Industry Association (DATIA) website http://datia.org/index.php?option=com_wrapper&Itemid=67 • Talk to other transit agencies in your area, get recommendations • Type “Drug and Alcohol testing sites” into a web search engine – then call, visit, evaluate, choose

23. Day-to-Day Program Management • “Something that has never happened before comes up and I don’t know what to do. Where can I get answers?” • If urgent / time-sensitive: • FTA Drug and Alcohol Hotline • 617-494-6336 • fta.damis@dot.gov • Jerry Powers, National D&A Program Manager • ODAPC contacts: http://www.dot.gov/ost/dapc/about3.html • Drug and Alcohol Program Auditors

24. Day-to-Day Program Management • “Something that has never happened before comes up and I don’t know what to do. Where can I get answers?” (cont.) • If non-urgent: • ODAPC website resources • FTA website resources - regulatory interpretations, etc. • FTA D&A Discussion Forum: http://transit-safety.fta.dot.gov/DrugAndAlcohol/TechnicalAssistance/Forum/default.asp

25. When all else fails….. • Jerry Powers, National Drug and Alcohol Program Manager • Gerald.Powers@dot.gov • 617-494-2395

26. Thanks for Listening… • I am available for questions after this session.