DOTMandated Drug and Alcohol Testing Reasonable Suspicion Supervisory

DOT-Mandated Drug and Alcohol Testing Reasonable Suspicion Supervisory Training 1

Workplace Impacts of Substance Abuse • • • 3. 5 X more workplace accidents 2. 7 X more absences 3 X more medical benefits usage 10 -20% decreased productivity Increased loss/shrinkage Higher incidence of workplace violence 2

DOT Drug & Alcohol Rules • Prohibited conduct − Use of controlled substances/illicit drugs and/or alcohol while on company property or while on-duty − Testing positive for drugs or alcohol − Refusing to test (including adulterating or tampering with a drug/alcohol test) − Use of alcohol 4 hr. before duty (8 hrs. for flight crew) − Use of alcohol after an accident prior to alcohol test (8 hrs. ) 3

Consequences of DOT Violation • Immediate removal from safety-sensitive duty − Applicants cannot be hired • Referral information on Substance Abuse Professionals must be provided by employer • Must complete return to duty process prior to resuming safety-sensitive duties • For an alcohol test result of. 02 -. 039 Br. AC, employee must be temporarily removed from duty − 24 hrs. for CDL employee; 8 hrs. for FRA; 8 hrs or retest of <0. 02 for all others Additional disciplinary actions are up to employer 4

DOT Drug and Alcohol Testing • Pre-employment drug testing − Post-offer alcohol testing is authorized, not required • Reasonable cause/suspicion drug/alcohol testing − Based on behavior, conduct or appearance • Post-accident drug/alcohol testing − For DOT defined work-related accidents. • Random drug/alcohol testing − PHMSA & USCG do not have random alcohol testing • Return to duty and follow-up drug/alcohol testing − as part of DOT return to duty process 5

Testing Procedures • Urine drug testing • Evidential breath alcohol testing for alcohol • Employees will complete custody and control forms to document every test • Tests will be conducted by qualified, trained personnel • Drug test results will be reported to the MRO and then to designated Company contacts • Alcohol test results are reported by the alcohol technician to the Company representative 6

Drug Testing • Urine specimen provided by employee in private toilet enclosure • Specimens poured into two bottles-labeled and sealed in employee’s presence • Analyzed at a SAMHSA-certified laboratory— 2 tests performed on the specimen before reporting it as positive • Laboratory results reported to physician MRO • MRO will contact employee and conduct interview to determine if prescription medications or other medical factors explain the test result • MRO reports final result to Company representative • Employee has the right to have the “split specimen” tested at a second laboratory to reconfirm the original findings. 7

Alcohol Testing • If initial test detects alcohol (0. 02 BAC), a confirmation breath test is conducted after 15 minutes. If second test is 0. 04 or greater it is a positive test. − DOT rules allow use of a saliva or non-evidential breath device for the initial test. − Confirmation test must always use an EBT • Any test result less than 0. 02 is a negative. • Mouthwash, cough syrup, cold medicines, breath sprays, if used according to directions, will not produce a positive confirmation test • Breath alcohol test will not detect acetone, ketones, and other biologically produced substances • Breath alcohol test is equal to a blood alcohol test 8

Reasonable Suspicion Testing Procedures • Observe employee; isolate him/her away from work area and coworkers • Request another supervisor/manager to observe/interact with employee • Complete supervisory checklist/reasonable suspicion documentation • Escort employee to testing site • Retain copies of testing forms • Arrange to have employee transported home • Employee cannot return to work until negative test results are received. 9

Reasonable Suspicion Testing Supervisory Training Dr. Donna Smith dsmith@firstlab. com 727 -343 -0283 727 -204 -8549 10

Reasonable Suspicion Definition • Reasonable suspicion: − is based on observations of an individual - Contemporaneous—just before, during, or after duty period - What the supervisor sees, hears or smells − is based on objective, documented criteria - Capable of being expressed as signs or symptoms of possible use of drugs/alcohol • Reasonable suspicion testing: − is used to “rule out” or eliminate alcohol or drug use as a cause of the individual’s behavior or appearance − is not a diagnostic tool 11

Reasonable Suspicion • Decision to test must be based on supervisor’s observations (whenever possible 2 supervisors/managers should observe employee) • Supervisor making observations must have completed training in RS testing • Observations must be specific, contemporaneous and articulable, and must be documented on the Supervisor’s Checklist • Should test within 2 hours, discontinue after 8 hours 12

The Problem Employee • Workplace signs of alcoholism or alcohol abuse include: − − − chronic lateness excessive absences decreased productivity poor performance problem interactions with others • Time and attendance problems and changes in performance and productivity levels cannot trigger a reasonable suspicion test 13

Supervisor’s Role q Identify the specific observations of employee behavior and appearance q Confront the employee concerning the requirement to undergo a test q Fully explain the consequences of the employee’s refusal to comply q Supervisor does not need to identify the specific drug associated with the behavior or appearance q Supervisor should be alert to changes in the employee’s usual behavior and appearance 14

Confronting the Employee • Confronting the employee is the most difficult task • Confrontation should remain focused on employee behavior and appearance • RS test should be explained as a means to “rule out” prohibited drug/alcohol use • Do not accuse the employee of being “drunk” , “high” or under the influence of alcohol or drugs 15

Alcohol Misuse Signs and Symptoms 16

Effect of Alcohol • • • Alcohol is a drug Alcohol acts as a stimulant Alcohol’s overall effect is a sedative or depressant Alcohol’s effects vary from individual to individual Alcohol’s effects on an individual vary from occasion to occasion • One drink metabolizes in approximately 1 1/2 hours • The higher the BAC, the more pronounced the effects of alcohol 17

Alcohol Facts • BAC is based on individual’s body weight, amount of alcohol consumed, and the time period over which it was consumed − A 160 -lb. person metabolizes approximately 1½ drinks per hour, or BAC decreases at a rate of 0. 015 per hour • One Drink − 12 ounces of beer − 4½ ounces of wine − 1 to 1½ ounces of 80 -86º liquor • Alcohol concentration is measurable during absorption, peak, and elimination phases 18

Alcohol Concentrations • Peak BAC based on alcohol drinks per hour

Alcohol Elimination • • • 170 lb male eliminates. 015 g/m. L per hr 2 drinks per hr for 7 hrs; Stops drinking at 1 AM 2 AM=. 190 BAC; asleep 3 AM=. 175 BAC 4 AM=. 160 BAC 5 AM=. 145 BAC 6 AM=. 130 BAC; alarm goes off 7 AM=. 115 BAC; drives to work 8 AM=. 100 BAC; starts work 12 Noon=. 040 BAC; Under the influence; violation of policy 20

Alcohol Elimination: Number of hours to 0. 00 BAC This is the approximate number of hours to zero BAC from the time drinking began.

Discussion: • Part of brain with different responses to alcohol • General slowing of various functions, some earlier than others 22

Mental functions affected by Alcohol Use • Cognitive functions are first effected • Individual is unaware of impact at low levels (. 02 -. 04) • Judgment, computation, decision making, short term memory retrieval Mental (. 02 -. 04) 23

Alcohol affects sensory perception Vision - decreased object tracking, night an peripheral vision background Hearing - diminished acuity, ability to sort background noise Smell - decreased sensitivity and selectivity Taste - decreased sensitivity and selectivity Sensory (. 04 -. 06) Mental (. 02 -. 04) 24

Psychomotor Functions Speech is one of the earliest motor skills to be affected Speech changes may include over-enunciation, slurring, or exaggerated speech patterns Coordination, reflexes and fine motor dexterity are diminished Reaction times are slower, movements appear delayed or retarded Speech & Fine Motor (. 08 -. 10) Sensory (. 04 -. 06) Mental (. 02 -. 04) 25

• Gross Motor Skills • Gross motor skills are one of the last categories of functioning to be effected • Most noticeable area is gait • Head movements, spatial relationships and torso movements are effected Gross Motor (. 10 -. 25) Speech & Fine Motor (. 08 -. 10) Sensory (. 04 -. 06) Mental (. 02 -. 04) 26

Balance and Navigation • Balance is controlled by the inner ear • Alcohol intoxication vertigo (room spin) • Nausea and vomiting Gross Motor (. 10 -. 25) Balance (. 25 -. 35) Speech & Fine Motor (. 08 -. 10) Sensory (. 04 -. 06) Mental (. 02 -. 04) 27

Life Threatening BAC Levels • Brain stem involvement • Slowing of autonomic nervous system functions • Coma (respiratory and cardiovascular function depressed) • Death (respiratory and cardiovascular systems failure) Gross Motor (. 10 -. 25) Balance (. 25 -. 35) Brain Stem (. 35 -. 45) Speech & Fine Motor (. 08 -. 10) Sensory (. 04 -. 06) Mental (. 02 -. 04) 28

Signs of Alcohol Intoxication • 0. 02 - 0. 08 − Odor of alcohol on breath − Poor judgment, increased risk taking behavior − Decreased reasoning ability, forgetfulness − Slower reflex reactions 29

Signs of Alcohol Intoxication • 0. 08 and above − Clumsiness, staggering, unsteady gait − Poor coordination, slowed reflex, diminished reaction times − Bloodshot eyes, impaired tracking ability − Slurred speech patterns − Exaggerated emotion, excitement, belligerent attitude − Disheveled clothing, poor personal grooming − Flushed complexion, sweating 30

Alcohol Odor • Alcohol beverages have a characteristic, distinct odor • Odor of alcohol persists on the breath following alcohol use • Individuals often try to mask the odor by using breath fresheners 31

Multiple Signs and Symptoms • Many signs and symptoms of alcohol or drug use can be due to other causes • A good “rule of thumb” is document at least two symptoms − odor of alcohol on breath is the most definitive sign of recent alcohol use • If signs and symptoms are associated with either alcohol or drug use, you should conduct both urine and breath tests 32

Reasonable Suspicion Testing Signs & Symptoms of Drug Use 33

Illicit Drugs • Testing for marijuana, cocaine, amphetamines, opiates, and PCP • Drugs are detectable in the urine long after the acute intoxication phase • Marijuana is detectable for several days after use and is cumulatively stored in the body • Positive thresholds ensure that passive exposure or unknowing ingestion does not produce a positive drug test 34

Impact of Illicit Drugs • Mental and motor functioning are affected for many hours after use of the drug − Some studies show measurable motor and mental functioning impact for up to 24 hours after marijuana use − Stimulant drug use (cocaine, amphetamines) often contributes to sleep deprivation which impacts mental and motor functioning − Sedative drugs slow motor and mental functioning for hours after use • Observable effects (physical signs and symptoms, speech, motor functioning)of drug use are often not present for more than a few hours after use. . 35

Appearance Signs and Symptoms • Appearance changes due to drug use range from subtle to extreme • Personal grooming often deteriorates or dramatic changes in hairstyle, clothing may occur • Eyes are very susceptible to the effects of drugs: − eye movements such as tracking ability are affected − pupil size is altered − bloodshot, watery or unfocused eyes • Profuse sweating, the chills, flushed or pallid complexion may be dues to the effects of the drugs • Marijuana has a distinct odor when smoked that clings to the user’s breath and clothing 36

Personality Changes • Personality changes are the most difficult to specify • Supervisor needs to be alert to changes in the employee’s usual personality traits or expression • Personality changes due to drug use often are sudden and dramatic 37

Speech Patterns • Stimulants create rapid, pressured speech patterns • Narcotics produce slow, thick, slurred speech • Hallucinogens may produce nonsense, fantasy speech 38

Social Interaction Changes • Changes in social interaction are not specific to the drug • Changes in social interaction vary from individual • Supervisors should be alert to changes in the employee’s usual patterns of interacting with others 39

Psychomotor Changes • Stimulants speed up the body’s motor activity • Sedatives or narcotics slow down motor functions • Hallucinogens may produce bizarre motor movements • Marijuana delays reaction times, impairs eyehand coordination and creates unsteadiness 40