Post Accident Testing

1. Post Accident Testing Presented by: Regina Doural, C-SAPA

2. Agenda • History • Part 40 • Modal Regulations • Company Policy • Scenarios • Questions

3. History Conrail and Amtrak fatal collision 1987, Chase Maryland • Engineer Error & impairment • Engineer tested positive for Marijuana

4. History 1991 NYC Subway Accident Motorman was intoxicated

5. Part 40 vs. Agency • Part 40 • How to test • 40.1(a) • This part tells all parties who conduct drug and alcohol tests required by the Department of Transportation agency regulations how to conduct these tests and what procedures to use. • Agency Regulations • When to test • Who to test • Definition of an accident

6. FMCSA – Part 382.303 • Who & When to Test • As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce • Alcohol test within 8 hours • Drug test within 32 hours • Accident involved loss of human life • Driver received a citation for moving traffic violation arising from the accident • Any person immediately receives medical treatment away from accident scene • Any motor vehicle with disabling damage requiring it to be transported away from the scene

7. FMCSA – Definition • Disabling damage • Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. • Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven. • Exclusions. • Damage which can be remedied temporarily at the scene of the accident without special tools or parts. • Tire disablement without other damage even if no spare tire is available. • Headlight or taillight damage. • Damage to turn signals, horn, or windshield wipers which make them inoperative.

8. FMCSA – Exceptions • An Occurrence involving only boarding or exiting a stationary motor vehicle • An occurrence involving only loading or unloading of cargo • An occurrence operating a passenger car or multipurpose passenger vehicle

10. FTA – Part 655 • Who & When to Test • As soon as practicable following the occurrence • Alcohol test within 8 hours • Drug test within 32 hours • Fatal Accidents • Each surviving covered employee operating the public transportation vehicle at the time of the accident. • Any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. • Non-Fatal Accidents • Each covered employee operating the public transportation vehicle at the time of the accident unless the employer determines that the covered employee's performance can be completely discounted as a contributing factor to the accident. • Any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision.

11. FTA – Definition • Accident means an occurrence associated with the operation of a vehicle • An individual dies • An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident • Public Transportation vehicle involved is a bus, electric bus, van, or automobile • Any Vehicle incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle • Public transportation vehicle involved is a rail car, trolley car, trolley bus, or vessel • The public transportation vehicle is removed from operation.

12. FTA Decision Form

13. FAA – Definition • Accident means an occurrence associated with the operation of an aircraft • Between the time any individual boards the aircraft with the intention of flight and all such individuals have disembarked • Any individual suffers death or serious injury • Aircraft receives substantial damage

14. FAA – Part 120 • Who & When to Test • As soon as practicable following the occurrence • Alcohol test within 8 hours • Drug test within 32 hours • Each employee who performs a safety-sensitive function if that employee's performance either contributed to an accident or can not be completely discounted as a contributing factor to the accident.

15. FRA - Definition • Major train accident. • A rail equipment accident involving damage in excess of the current reporting threshold that involves one or more of the following: • A fatality • A release of hazardous material from railroad equipment accompanied by • An evacuation • A reportable injury resulting from the hazardous material release • Damage to railroad property of $1,000,000 or more. • Impact accident resulting in • A reportable injury • Damage to railroad property of $150,000 or more. • Fatal train incident. • Any train incident that involves a fatality to any on-duty railroad employee. • Passenger train accident. • Reportable injury to any person in a train accident involving a passenger train.

16. FRA – Part 219 • Who & When to Test • Following each accident and incident • All covered employees of the railroad directly involved in the accident or incident provide blood and urine specimens for toxicological testing by FRA. • The railroad may also require employees to provide breath for testing if such testing does not interfere with timely collection of required specimens. • Each and every operating employee assigned as a crew member of any train involved in the accident or incident. • An operator, dispatcher, signal maintainer or other covered employee who are directly and contemporaneously involved in the accident/incident must also be required to provide specimens. • Testing of the remains of non-covered employees who are fatally injured in train accidents and incidents is required.

17. PHMSA – 199.105 • When to test • Includes both incidents reportable under Part 191 and accidents reportable under Part 195 • Alcohol test within 8 hours • Drug test within 32 hours • Who to test • Each employee whose performance either contributed to the accident or cannot be completely discounted as a contributing factor to the accident • This decision must be based on the best information available immediately after the accident • Covered employees include both operator employees and contractor employees

18. PHMSA - Definition • Reportable Incident under 191 means any of the following events: • An event that involves a release of gas from a pipeline or gas from an LNG facility, that results any of the following consequences: • A death, or personal injury necessitating in-patient hospitalization • Estimated property damage of $50,000 or more excluding cost of gas lost • Unintentional estimated gas loss of at least three million cubic feet • An event that results in an emergency shutdown of an LNG facility. • An event that is significant in the judgment of the operator, even though it did not meet the above criteria • Reportable Accident under 195 is a failure in a pipeline system that includes a release of the hazardous liquid or carbon dioxide transported and results in any of the following: • Explosion or fire not intentionally set by the operator. • Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide • Death of any person • Personal injury necessitating hospitalization • Estimated property damage exceeds $50,000, including cost of clean-up and recovery, value of lost product, and damage to the property

19. USCG - Definition • Marine casualty or accident • Any casualty or accident involving any vessel other than a public vessel that— • Occurs upon the navigable waters of the United States, its territories or possessions; • Involves any United States vessel wherever such casualty or accident occurs; or • With respect to a foreign tank vessel operating in waters subject to the jurisdiction of the United States, involves significant harm to the environment or material damage affecting the seaworthiness or efficiency of the vessel. • Includes, but is not limited to, the following: • Any fall overboard, injury, or loss of life of any person. • Any occurrence involving a vessel that results in— • Grounding, Stranding, Sinking, Flooding, Collision, Explosion, Fire • Reduction or loss of a vessel's electrical power, propulsion, or steering capabilities • Failures or occurrences, regardless of cause, which impair any aspect of a vessel's operation, components, or cargo • Any other circumstance that might affect or impair a vessel's seaworthiness, efficiency, or fitness for service or route • Any incident involving significant harm to the environment.

20. USCG - Definition • Serious marine incident (SMI)includes the following events involving a vessel in commercial service: • Any marine casualty or accident which is required to be reported to the Coast Guard and which results in any of the following: • One or more deaths; • An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties; • Damage to property in excess of $100,000; • Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or • Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more. • A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, whether or not resulting from a marine casualty. • A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.

21. USCG – Accessibility • The marine employer must have a sufficient number of alcohol testing devices readily accessible on board the vessel to determine the presence of alcohol in the system of each individual who was directly involved in the SMI. • The alcohol testing devices need not be carried on board each vessel if obtaining the devices and conducting the required alcohol tests can be accomplished within 2 hours from the time of occurrence of the SMI. • The marine employer must have a sufficient number of urine-specimen collection and shipping kits meeting the requirements of 49 CFR part 40 that are readily accessible for use following SMIs. • The specimen collection and shipping kits need not be carried on board each vessel if obtaining the kits and collecting the specimen can be completed within 32 hours from the time of the occurrence of the SMI.

22. To Test or Not to Test • Public Transit bus is involved in an accident. The driver was not cited but a vehicle was towed from the scene. • A CDL driver is parked at a truck stop. A drunk driver rear ends his vehicle. The drunk driver is killed. • A U.S. Commercial fishing boat runs a ground off the coast of Brazil.

23. To Test or Not to Test • A school bus is involved in a crash, the bus is towed and many children are taken to the hospital. The investigation into the accident will take several days. • The operator of the Public Transportation bus said the accident was due to brake failure. This vehicle was last in for service yesterday. Driver? Anyone else?

24. Best Practices • Document everything • Testing that is not conducted within 2 hours • Discontinue testing after 8/32 hour window • Decision to discount an employee’s involvement • Employees should refrain from alcohol use until testing is complete or 8 hours have passed • Medical Care and Emergency Response comes first

25. Review • Always test after accidents involving fatality • Each agency defines an accident differently • Part 40 tells us how to test • Agency regulations tell us who & when to test • Test as soon as possible

26. Q & A Questions?