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Straight
Track #82 Part III: Drug & Alcohol Testing
Hoey & Farina
1-888-425-1212
The following is Part III of a three part series on the new
Department of Transportation requirements for Drug & Alcohol Testing. Part
III also includes information on how to protect yourself during such testing.
We again wish to recognized Mr. Ray Lineweber, who has
allowed us to run the pamphlet he put together on the Title 49 changes. We
thank him for the time and effort he has dedicated to the issue.
Any questions regarding alcohol and drug testing on the
railroad can be answered by your local union officers and, alternately,
your union designated legal counsel.
Drug and Alcohol Testing
This material is provided for UTU members, and
interested parties, by the Nebraska State Legislative Board (NSLB). Most
of the research used for this guidance is found in the amended rule, the
final rule, and the discussion of comments for 49 Code of Federal
Regulations (CFR) Part 40. The material (408 pages) is posted at www.dot.gov/ost/dapc.
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This information is not intended to assist anybody in
circumventing a test, but rather to aid in making certain the employees
and employer have a comfort level with the manner in which testing is
conducted and analyzed. Should there be any questions, please call Ray
Lineweber at 402-474-6053 or email to raylinerweb@aol.com.
PLEASE -- ALWAYS BE PROFESSIONAL. Our goals must be the same.
++++++++++++++++++++++++++++++++++++
Drug Testing Laboratories (Subpart F)
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Only HHS laboratories shall be used (40.81)
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Validity testing must be conducted (40.91)
-
Release of information to employees (40.329)
Medical Review Officers and the Verification Process
(Subpart G)
-
Who is qualified (40.121)
-
Must be qualified and trained in many areas (40.121)
-
Function of MRO in confirmed positive or
adulteration/substitution (40.129)
Split Specimen Tests (Subpart H)
-
How does an employee request a test of a split
specimen (40.171)
-
Who pays for the test of the split (40.173). In
Nebraska, the UTU NSLB will.
-
What steps must the first laboratory take (40.175).
-
What does the MRO do with the split specimen
laboratory results (40.187)
Problems in Drug Tests (Subpart I)
-
What is a refusal (40.191)
-
What happens when an employee does not provide a
sufficient amount of urine for a drug test (40.193)
-
What happens when an employer receives a report of a
dilute specimen (40.197)
-
How are drug test problems corrected (40.205)
Alcohol Testing Personnel (Subpart J)
Testing Sites (Subpart K)
Alcohol Screening Tests (Subpart L)
Alcohol Confirmation Tests (Subpart M)
-
What is a refusal to take an alcohol test and the
consequences (40.261)
-
What problems cause an alcohol test to be cancelled
(40.267)
-
How are alcohol testing problems corrected (40.271)
Please also refer to Alcohol
Test Checklist, contained herein
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Alcohol tests other than saliva* or breath are not permitted under
Part 40
*We do not know if FRA will approve any tests other than breath
alcohol (except post accident testing). That will be clarified in the
attachment as 219 is reissued.
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Substance Abuse Professionals (SAP) and Return to
Duty (Subpart O)
-
Who is qualified to act as a SAP (40.281)
-
When is a SAP evaluation required (40.285)
-
What is role and discretion in referring employees
for education or treatment (40.299)
Confidentiality & Release of Information (Subpart
P)
Roles & Responsibilities of Service Agents
(Subpart Q)
-
All service agents must meet requirements of part 40
(40.341)
-
Must not require an employee to sign release of
liability, et al (40.355)
Public Interest Exclusions (Subpart R)
Appendix A to Part 40 - DOT Standards for Urine
Collection Kits
Appendix B to Part 40 - DOT Drug Testing Semi-Annual Laboratory Report
Appendix C to Part 40 - Reserved
Appendix D to Part 40 - Report Format: Split Specimen Failure to Reconfirm
Appendix E to Part 40 - SAP Equivalency Requirements for Certification
Org.
Appendix F to Part 40 - Drug and Alcohol Testing Information C/TPA
(Consortium/Third Party) May Transmit to Employers
Appendix G to Part 40 - Alcohol Testing Form
WORK SAFELY!
This space reserved for 49 CFR Part 219 - Control of
Alcohol and Drug Use, forecast to be issued by FRA prior to August 1,
2001.
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