Update on OTETA Drug and Alcohol Testing Programs Lynn Carr VP Operations April 10, 2014

1. Update on OTETA Drug and Alcohol Testing Programs Lynn Carr VP Operations April 10, 2014

2. FirstLab Third Party Administrator (TPA) Manage the Drug and Alcohol Testing Program for School Districts under the Florida DOE State Contract

3. History 1991 Omnibus Transportation Employee Testing Act mandated drug and alcohol testing for all Commercial Driver’s Licensed (CDL) employees Requirements for testing are detailed in FMCSA regulation 49 CFR Part 382 and the procedures for conducting the testing are found in 49 CFR Part 40 OTETA was aimed at preventing illicit drug use and alcohol misuse by employees in public transportation occupations to promote and protect public safety

4. Program Basics Each employer must: • Have a written substance abuse policy • Appoint a Designated Employer Representative (DER) • Conduct required drug and alcohol testing in accordance with Part 40 procedures • Conduct Reasonable Suspicion Training for supervisors • Provide drug and alcohol education materials or training for all CDL employees • Maintain records and documents as required by DOT regulations • Conduct a check for previous drug and alcohol violations with prior employers for all CDL applicants

5. Reasons for Testing Pre-employment Reasonable Suspicion Random Return-to-duty Follow-up Post-Accident

6. FirstLab - Primary Services Identify Qualified Collection Sites Contract with Laboratories for Analysis of Samples Medical Review of Results Generate Random Lists Monitor Random Compliance Provide Regulatory Guidance • Training • Additional Services such as Previous Employer Drug and Alcohol Background Checks

7. Current Requirement for Previous Employer Drug and Alcohol Background Checks Required at time of application or transfer to a CDL position Applicant must sign release, identifying employers in past 2 years Prospective employers must contact prior employers, provide signed release and request info on D & A violations If previous employers report a DOT violation and applicant is hired, new employer must ensure SAP process is complete and FU testing is conducted

8. Proposed Rule for National Clearinghouse for D & A Data February 20, 2014, the FMCSA posted the proposed rules for the CDL Drug and Alcohol Clearinghouse (Clearinghouse).

9. Proposed Rule for National Clearinghouse Purpose is to diminish or eliminate the problem of: A currently-employed CDL holder testing positive with a second employer or another potential employer while continuing to operate a CMV under his or her current employment without the current employer knowing and acting on the positive test. A driver with previous positive tests seeking and obtaining work without prospective employers knowing and acting on that information.

10. Proposed Rule for National Clearinghouse New Orleans Bus Crash - 1999 22 passenger fatalities Post Accident drug test showed use of marijuana and a sedating antihistamine Failed pre-employment drug test when applying for previous positions (current employer not aware) Driver failed to disclose on application a previous employer who fired him after a positive drug test Serious medical conditions

11. Proposed Rule for National Clearinghouse

12. Proposed Rule for National Clearinghouse

13. Proposed Rule for National Clearinghouse NTSB recommended that FMCSA “develop a system that records all positive drug and alcohol results and refusal determinations and require prospective employers to query the system before making a hiring decision and certifying authorities to query the system before making a certification decision.”

14. Proposed Rule for National Clearinghouse NTSB recommended that FMCSA “develop a system that records all positive drug and alcohol results and refusal determinations and require prospective employers to query the system before making a hiring decision and certifying authorities to query the system before making a certification decision.”

15. Proposed Rule for National Clearinghouse US Government Accountability Office published Report “Examples of Job Hopping by Commercial Drivers after Failed Drug Test” http://www.gao.gov/assets/100/95567.pdf

16. Proposed Rule for National Clearinghouse Significant Changes for School Districts: Must use CDL # and State of issuance as donor identification Must now go back 3 years on check instead of 2 years Must conduct annual queries on current employees in addition to queries on new hires

17. Proposed Rule for National Clearinghouse Additional Changes: US DOT or EIN number must be referenced on CCFs and ATFs Laboratories required to report annual aggregate statistical summary for all FMCSA covered employers to the FMCSA

18. Proposed Rule for National Clearinghouse Costs: Pre-Employment: $5.00 (full query) Annual: $2.50 (limited query) Cost benefit analysis is in the NPRM

19. Querying the National Clearinghouse Full Query: Must be conducted for all new hires. Provides access to the reportable information in a driver’s record and would require the employer to obtain written consent from the driver for access to Clearinghouse information. Limited Query: Grants access to information in the Clearinghouse but only indicates whether information exists in the database about a particular driver.

20. Proposed Rule for National Clearinghouse NPRM can be found at: http://www.fmcsa.dot.gov/regulations/rulemaking/2014-03213 NPRM comments due by April 21st FirstLab submitted questions/comments April 8th

21. What Else is Ahead? Electronic CCFs Oral Fluid Testing Synthetic Opioids Hair Testing National Registry of Certified Medical Examiners

22. Electronic Chain of Custody Forms • July 15, 2013, SAMHSA requested public comment on its proposal that the OMB approve use of a new with a proposed implementation date of September 1, 2013. • OMB has not yet approved the use of an eCCF • The current 5-part paper CCF remains the only approved Federal CCF.

23. Electronic Chain of Custody Forms • When? • Proposed rule in 2014? • Implementation in 2015? • Improve Quality and Efficiency • Improve Turn-a-Round Time • Currently used on wide spread basis for Non-Federal programs

24. Oral Fluid Testing Many advantages When? On SAMHSA’s Fast Track Probably 2014 but might be 2015

25. Synthetic Opioids • Adding • Oxycodone • Oxymorphone • Hydrocodone • Hydromorphone • When? • Probably 2014 but might be 2015

26. National Registry of Certified Medical Examiners (NRCME) The National Registry of Certified Medical Examiners (NRCME) is scheduled to be fully implemented by May 21, 2014. Only examiners that have met the FMCSA criteria for training and testing will be able to perform commercial driver medical certification examinations after that date. Applies to Interstate

27. National Registry of Certified Medical Examiners (NRCME) Log into the FMCSA website to search for certified medical examiners or for more information https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam

28. Marijuana Medical Marijuana legal in 20 States + DC Recreational use is legal in 2 states, Washington and Colorado For employees covered by Federal drug testing rules, marijuana is not permitted regardless of state laws

29. Statistics-Florida DOE Contracted Business 2013 Drug Test Positive Rate = 0.5% Marijuana Cocaine Opiates Amphetamines Alcohol Test Positive Rate = 0.1% (> or = 0.04)

30. Quest Diagnostics Drug Testing Index

31. Who to call? Mary Ann Malarkey Florida Team Supervisor 800-732-3784 extension 5515