company the flexibility to add or replace substances based on current drug use trends. Cutoff levels are particularly important
to include to review your company’s limit on the presence of alcohol. While the legal driving limit in the United States is 0.08, the Department of Transportation’s limit is 0.04. Many companies adhere to a level of 0.02 or even 0.000 and any test at 0.02 or over 0.000 is considered a positive test in terms of company policy consequences. Depending on your stakeholders’ voices,
you may or may not detail screening and confirmation cutoff levels for your drug substance panel. Tis permits your company some flexibility if a customer requirement changes, or if a different level is selected by your company for a different reason.
We have already covered violations other
than a positive test, but be sure to discuss, consider and include these. Of particular importance are all of the conditions that may result in the determination of a refusal to test. Consequences for violating company
policy and regulation requirements should be detailed in your policy. Tis can get tricky if a regulation requires a less stringent consequence than your company policy For instance, FMCSA requires the removal of a CMV driver for 24 hours if the donor’s breath alcohol test confirms at 0.04 or higher. Your company policy may dictate that a confirmation test of 0.02 (or anything above 0.000) has the consequence of termination. You must be clear to define the regulation
requirement—and the fact that it is superseded by company policy.
Follow The Rulebooks Some governmental agencies detail the inclusion of certain policy elements. Here are several of the DOT regulation references: • FMCSA—49 CFR Part 382, §382.601 • FR—49 CFR Part 219, §219.23 • FAA—14 CFR Part 120, §120.115 and §120.223
• PHMSA—49 CFR Part 199, §199.19 and §199.239
• USCG—46 CFR Part 16, §16.401 • FTA—49 CFR Part 655, §655.12, §655.15 and checklist found at htp://transit-safety.
volpe.dot.gov/DrugAndAlcohol/Tools/ Checklist/
PolicyReqsChecklist.aspx
www.datia.org
datia focus
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