reasonable suspicion test. Many companies have crews that
9
work out of town and are housed at a hotel. Sometimes employees share a room. DERs call seeking advice as to whether they can test an employee who has been seen smoking a joint or binge drinking. Our advice is they should take the hearsay seriously, but not let it be grounds strictly for a reasonable suspicion determination. A supervisor trained in reasonable
suspicion determinations should isolate and inform the employee of the reason for isolation. The employee should be asked to explain the suspected behavior and describe the events that took place from their perspective. The supervisor should observe the employee’s behavior during the process to determine if there is reasonable belief that will require a subsequent test. If it’s determined the employee is showing behavior associated with a substance, the supervisor must take immediate action by transporting the employee to a collection facility to submit to a reasonable suspicion test. Proper follow-up documentation should also be performed by the DER.
Taking hearsay as a reason to perform a
10
Not completing required random percentage.
Random percentages are reviewed by
auditors to measure compliance with the program rules. Tere are consequences for employers that consistently miss the minimum annual percentage rate required by a regulating agency. Te employer can be removed from a contract and in severe cases may be required to cease performing safety-sensitive job functions all together. Tere are legitimate reasons for not
testing employees during a random selection period, including extended medical leave; no longer performing safety-sensitive functions; or termination. During the next selection period, additional selections can be made to make up for the previous selection period’s shortfall. When the last selection period for the year occurs and legitimate reasons exist for not meeting random percentage rates, the employer’s C/TPA can make additional selections in order to achieve the minimum requirements. At no time should a DER choose someone to test that is not on the selection list. Te C/TPA’s role is to assist the employer
to meet the random percentages. Continuous random program evaluation and strong communications between the
C/TPA and the employer are key components of a successful random program. Drug and alcohol testing is a complex
process and staying compliant is very involved, so program inconsistencies are going to exist. However, I find that most employers want to do the right thing. Tey’re eager to ask questions and to seek assistance, especially when safety is at stake. ❚
Ms. Ybos has worked in the Drug and Alcohol testing industry for the last 16 years and is the Director of Compliance/QA for DISA, Inc. She gives support to
the organization by providing the company with guidance, updates and implementation requirements on the regulations as they change, provides audit assistance to DISA’s clients as well as maintains the ISO certification for DISA. She has been certified as a Substance Abuse Program Administrator C-SAPA since 2003 and has been a commissioner of the Substance Abuse Program Administrator Certification Commission (SAPACC) since 2006. She also serves on the board of the Substance Abuse Program Administrators Association (SAPAA). She also volunteers at The Houston Council on Drug and Alcohol- Houston where she provides training classes on DOT regulations to current Substance Abuse Professionals (SAPs) and perspective SAPs.
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datia focus
winter 2012
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