DOT Drug & Alcohol Testing

1. Attention Attendees: • Thank you for attending! • The presentation will start in a few minutes at 1:00 PM Central. • You will be muted during the event. • Please use the Question feature on your control panel to send questions to our presenters. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • The slides and recording will be posted within 7 days at: http://www.jjkeller.com/nptcinfo DOT Drug & Alcohol Testing This webcast will cover ... The top 10 FMCSA D&A violations How to establish a compliant drug and alcohol testing program How to raise the bar through more stringent testing protocols, hair follicle testing and more! Question & Answer Moderator Dr. Gary Petty, President & CEO, NPTC Panelists Tom Bray, Sr. Editor – Transportation Management, J. J. Keller & Associates, Inc. Tom Moore, CTP, Senior Vice President, NPTC Jeffery Slater, Transportation Safety & Compliance Manager, Gordon Food Service

2. DOT Drug & Alcohol Testing July 10th, 2013

3. Dr. Gary Petty President & CEO National Private Truck Council

4. Introduction • Regulations – Tom Bray • Policy and Procedure Best Practices –Tom Moore • Gordon Food Service’s Program – Jeffery Slater • Housekeeping issues: • You will be muted during the event. • Please use the Question feature on your control panel to send questions to our Panelists. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • If you lose sound at any point, you can dial-in by phone. You’ll find the phone number and access code on your control panel under “Audio.” Gary Petty National Private Truck Council

5. DOT Drug & Alcohol Testing Tom BrayJ. J. Keller & Associates, Inc. Thomas Bray Editor, Transportation Management J. J. Keller & Associates, Inc.

6. Applicability: Part 382 • CMV drivers who are subject to CDL rules are covered by Part 382 (§382.103) • GVWR or GVW 26,001 lbs. or more • GCWR or GCW ≥ 26,001 lbs. with trailer of 10,001 lbs. or more • 16 or more passengers • Placarded for hazmat • Part 382 contains FMCSA drug and alcohol testing rules, Part 40 contains testing procedure rules Tom BrayJ. J. Keller & Associates, Inc.

7. Prohibitions • Found at §382.201 to §382.215 • 0.04 BAC when on duty, using alcohol while on duty, using alcohol within 4 hours of duty, using alcohol within 8 hours of an accident • Using or being under the influence of a Schedule I drug while on duty • Using an unprescribed “scheduled” drug • Testing positive for drugs on DOT test • Submits an adulterated or substituted sample • Refusal to submit to a required drug or alcohol test Tom BrayJ. J. Keller & Associates, Inc.

8. Process Involving Prohibitions • IMMEDIATELY remove driver from safety sensitive position • Provide SAP referral • Follow company policy and driver contracts or agreements, and be aware of state laws • If driver to be returned to service (all steps passed and documented): • SAP evaluation and treatment • Return-to-duty test • Follow-up testing Tom BrayJ. J. Keller & Associates, Inc.

9. Policy Requirements • Policy must cover (at the minimum) the 11 items required in §382.601 • Driver must be provided with, and sign receipt for policy • No signature, no driving • No direct training requirement, however… Tom BrayJ. J. Keller & Associates, Inc.

10. DOT Test Types • Pre-employment: §382.301 • Random: §382.305 • Post-accident: §382.303 • Reasonable suspicion: §382.307 • Return-to-duty: §382.309 • Follow-up: §382.311 Tom BrayJ. J. Keller & Associates, Inc.

11. Pre-employment Tests • DOT pre-employment drug screen required of: • New employees/employers just starting to drive CMVs that require CDLs • Employees transferring into CDL driving positions • Have the verified negative test result before using the driver in a safety-sensitive function for the first time! Tom BrayJ. J. Keller & Associates, Inc.

12. Pre-employment Exceptions • Road testing • General exception criteria based on §382.301(b): • Driver was in a DOT testing program within the past 30 days; AND in the program: • Either was tested in the past 6 months for any test type, OR • Remained in the pool for 12 consecutive months; AND • Did not test positive or refuse a DOT test in the past 6 months. Tom BrayJ. J. Keller & Associates, Inc.

13. Random Testing • Out of average number of driver positions: • 50% tested for drugs annually • 10% tested for alcohol annually • Testing spread reasonably throughout the year • Driver must be sent during draw period • If not tested before next drawing, must not send • Document WHY driver was not sent! • Drawing of alternates allowed Tom BrayJ. J. Keller & Associates, Inc.

14. Random Testing • ALL drivers must be in drawing pool (temp, casual, part-time, mechanics that drive, drivers on leave or layoff, etc.) • If driver removed from pool due to extended leave or layoff and belief he/she is not returning, or termination, driver must retake pre-employment then be placed back into pool • Annual testing must be completed (with MRO results in hand) by December 31st Tom BrayJ. J. Keller & Associates, Inc.

15. Random Testing • Random = scientifically valid method • Not allowed: • Only having “some” drivers in drawing pool • Alphabetical selection • Picking by seniority • Drawing names out of a hat or “picking” drivers • Tests based on suspicion or “just because” Tom BrayJ. J. Keller & Associates, Inc.

16. Random Testing • Test notification • Wait to notify selected drivers until they are in a position to be tested • Make sure driver is available to report, and reports “immediately” or “as soon as possible” to test site (can drive themselves to the test) • Should you/can you test off-duty drivers? • Drug you can • Alcohol you cannot Tom BrayJ. J. Keller & Associates, Inc.

17. Post-Accident Testing Post accident drug and alcohol test required if: • Vehicle required a CDL and… • One of 3 conditions are met: • Fatality • An involved vehicle must be towed and your driver was cited for a moving violation • Someone needed immediate medical care away from scene and your driver was cited moving violation Tom BrayJ. J. Keller & Associates, Inc.

18. Post-Accident Testing • When to test: • Alcohol: Within 2 hours, or 8 hours max. if 2 hour not possible • Drugs: Within 32 hours • Monitor the situation if test not initially required: Driver should be available for testing if circumstances change! • No testing once windows are closed • You can use results of law enforcement tests if you can get a copy • Driver can return to driving after testing, unless… Tom BrayJ. J. Keller & Associates, Inc.

19. Reasonable Suspicion • A trained company supervisor sees and can document articulable signs of drug or alcohol use • Supervisor training must include (§382.603): • 60 minutes on signs of alcohol misuse • 60 minutes on signs of drug use • No “recurrent training” requirement, however… • Having trained supervisors and conducting tests when necessary is required! Tom BrayJ. J. Keller & Associates, Inc.

20. Return-to-Duty and Follow-Up • Required if driver has tested positive or refused a test • Follows SAP evaluation and treatment • Return-to-duty test must be passed before placing driver back into safety-sensitive function • Follow-up test schedule set by SAP (must meet minimums) • Follow-up tests are in addition to any random tests driver is selected for Tom BrayJ. J. Keller & Associates, Inc.

21. Return-to-Duty Process • Return-to-duty process is NOT company specific • Driver can start process at one carrier and complete at another • Background checks in §391.23 are critical in locating drivers that previously failed or refused and have not completed process • Upcoming Drug and Alcohol Clearinghouse Database will provide additional visibility Tom BrayJ. J. Keller & Associates, Inc.

22. DOT Test Processes • Collections, tests, and processes must meet Part 40 requirements • Required drug test is urinalysis (“DOT Five Panel”) • “Split sample” for confirmation of positive drug test results if requested by driver (no “second collection” allowed) • Alcohol testing can be saliva screen/EBT confirmation or EBT screening and confirmation • “Refusal” is more than simply saying “no” Tom BrayJ. J. Keller & Associates, Inc.

23. TPA/Consortium • Can use third party administrators to take some of the burden • Must still have a DER and take actions in-house • Still responsible for compliance, everything from collection sites to MROs • Small fleets and fleets operating under a parent company can join “consortiums” (a group of companies in a pool) Tom BrayJ. J. Keller & Associates, Inc.

24. Tom Moore, CTP Senior Vice President National Private Truck Council

25. CSA Performance Tom MooreNational Private Truck Council * flatbed and hazardous materials carriers removed

26. On-road violations • §392.5(a) Possession/use while on duty or within 4 hours of duty/under influence alcohol (0.28 percent of all driver violations) • §392.4(a) Driver uses or is in possession of drugs (0.13 percent of all driver violations) • §392.5(c)(2) Violating OOS order pursuant to 392.5(a) or (b) (0.01 percent of all driver violations) Tom MooreNational Private Truck Council

27. Compliance Review Violations • Acute: • §382.115(a) Failing to implement an alcohol and/or drug testing program (number 1 acute violation) • §382.215 Using a driver who has tested positive for a drug • §382.211 Using a driver who refused to take drug or alcohol test • §382.305(a) Failing to implement a random drug and/or an alcohol testing program • §382.213(b) Using a driver known to have used a controlled substance Tom MooreNational Private Truck Council

28. Compliance Review Violations • Critical: • §382.301(a) Using a driver before receiving a pre-employment result • §382.305(b)(2) Failing to do random drug tests at applicable annual rate (less than 50 percent) • §382.305(b)(1) Failing to do random alcohol test at applicable annual rate (less than 10 percent) • §382.303(a) Failing to conduct post accident testing on driver for alcohol • §382.303(b) Failing to conduct post accident testing on driver for controlled substances Tom MooreNational Private Truck Council

29. How Fleets Are Producing Such Results • Training, training and more training • No rush to hire • Random testing at percentages higher than the required rate • Expanding the pool of candidates • Alternative testing methodologies Tom MooreNational Private Truck Council

30. Growth of Hair Follicle Testing

31. Impact of Hair Testing

32. Why Are More CompaniesTurning to Hair Testing? • Hair testing is more effective than urine at identifying illegal drug users because it is has a longer detection window. • Hair tests are typically capable of detecting illegal drug use in the three months prior to the test • Urine tests are usually only capable of detecting use in the prior few days. Tom MooreNational Private Truck Council

33. Barriers to Hair Testing • Cost • Redundancy • Jurisdiction • Misconception Tom MooreNational Private Truck Council

34. FPO Jeffery SlaterGordon Food Service Jeffery Slater Transportation Safety & Compliance Manager Gordon Food Service

35. Jeffery SlaterGordon Food Service GFS Transport LLCOperations Gordon Food Service Inc. – 10,000 Employees. 15 US Distribution Centers. 1600 + Drivers Annual Miles Driven + 63,000,000 Power Units 1200+ Private/ For hire 7 Fleet Maintenance Shops

36. Applicability: Part 382 • All our Drivers and Transportation Management are subject to DOT Drug and Alcohol testing. • In our Fleet Maintenance Shops our tractor techs and any other persons who may operate a tractor or trailer is subject to the DOT Testing. Jeffery SlaterGordon Food Service

37. Policy Requirements • Use a reputable TPA to help with your Drug and Alcohol policy. • Our Designated Employer Representative (DER) is located in my department. • What we do with Positive tests. • Provide with SAP information • Send on their way (Termination) Jeffery SlaterGordon Food Service

38. Pre-employment Tests • Any new Driver or transfer requires a DOT drug test and Hair test prior to starting. • Both DOT urine and hair tests must be verified negative prior to starting in a position. • Of course any positive tests will not be starting with us. • Any driver who is out of our Drug and Alcohol program for 30 days or longer requires a DOT pre-employment test before returning to work. Jeffery SlaterGordon Food Service

39. Random Testing • We keep our test percentages higher than required. • 60% tested for drugs annually • 20% tested for alcohol annually • Our testing is spread out over four calendar quarters and testing though out each quarter. • Our managers are trained to do the notification to the drivers and are sent selected vs. tested reports through out each quarter so they are reminded where they stand. Jeffery SlaterGordon Food Service

40. Random Testing • Provide TPA with a driver pool list each quarter, includes all drivers, maintenance techs, managers and yard switchers that operate on the road. • Managers are notified by e-mail from the TPA with drivers who are selected in their team for that quarter. • Managers selected for random testing are reported to my department by the TPA. • Those unable to be tested for the quarter are removed from the list and would be required to have a pre-employment test prior to coming back. Jeffery SlaterGordon Food Service

41. Random Testing • All alternate selections must be approved by before a new selection is made. • In most cases drivers are notified at the beginning of their route or immediately following. • All our managers are responsible in making sure the driver proceeds immediately to the clinic for collection. They document time of notification and the clinic documents time of testing. Jeffery SlaterGordon Food Service

42. Post-Accident Testing Post accident drug and alcohol test required if: • We follow only the DOT regulations on Post-Accident Testing and no other testing is completed. • Vehicle required a CDL and… • One of 3 conditions are met: • Fatality • An involved vehicle must be towed and your driver was cited for a moving violation • Someone needed immediate medical care away from scene and your driver was cited moving violation Jeffery SlaterGordon Food Service

43. Reasonable Suspicion • All Management is trained on Reasonable Suspicion. • If a manager suspects a driver of being under the influence our protocol requires a second opinion or a phone call to me before taking to the clinic. • All testing of this sort its required that a manager take the driver to the clinic and stay until completed. • Drivers are suspended until results are received. Jeffery SlaterGordon Food Service

44. Reasonable Suspicion • The manager is required to make sure the driver has a safe ride home after testing. • If a driver tests positive they are provided with SAP information and Terminated. Jeffery SlaterGordon Food Service

45. Return-to-Duty and Follow-Up • We do not employ people who have tested positive for drugs or alcohol. • We will not hire a driver who has a alcohol violation on their MVR in the past 5 years. Jeffery SlaterGordon Food Service

46. Question & Answer Session Please continue to submit your questions. Tom BrayJ. J. Keller & Associates, Inc. Gary Petty National Private Truck Council Jeffery SlaterGordon Food Service Tom MooreNational Private Truck Council

47. Closing Remarks • Checkout the archive of past topics at: http://www.jjkeller.com/nptcinfo • PowerPoint slides and recording up in 1 week • Remaining topics for 2013: • October 2, 2013 - Physical Qualification of Drivers: DOT Physicals, CDLs and Med Cards, Functional Capacity Testing Gary Petty National Private Truck Council

48. Thank you for participating in today’s webcast! Visit: www.jjkeller.com/nptcinfo For today’s presentation and learn more about future NPTC and J. J. Keller webcasts.