ASK ALICE
In each issue we will be answering questions submitted by members. If you have a question to be answered, please submit it to info@datia. org with Ask Alice in the subject line. Enjoy.
QUESTION: Is an employer required to pre-employment drug test an employee who is on extended leave prior to the employee’s return to safety-sensitive duties?
ANSWER: No. Te regulations do not require an employer to pre-employment drug test an employee who was on extended leave unless his or her employment was severed. As an employer, you are permited to
conduct a pre-employment test when the following criteria are met: • Te individual previously performed a safety-sensitive function for you and is not being rehired or transferred into a safety-sensitive function;
• Te employee was removed from the random testing pool for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and
• Te individual will be returning to the performance of a safety-sensitive function. Although the regulations do not
specifically require an employer to conduct a pre-employment drug test in this situation, we believe it is a best practice to perform a pre-employment test on an employee who returns from an absence longer than 60 days. 14 CFR Part 120.109
QUESTION: What are acceptable excuses for not testing a selected employee in a random FAA pool?
ANSWER: If legitimate documentation can be provided as to why a person was not tested in the selection period, it can be carried over until the end of the current year. Alternates are not allowed under FAA. See FAA Random Testing Program Guidance: htp://www.
faa.gov/about/office_org/headquarters_ offices/avs/offices/aam/drug_alcohol/ policy/faa/media/guidance-alert-on- random-testing.pdf
QUESTION: A client recently asked us about using a consent form for employees
50 datia focus
for drug tests. What are the regulations concerning this?
ANSWER: DOT does not allow consent forms, and as such we don’t have a sample. If the drug testing program is a requirement of employment then a consent form shouldn’t be necessary. For something such as this, which is a legal matter and depends of lots of laws in addition to drug testing laws, we suggest contacting a lawyer directly to discuss. 49 CFR 40.27
QUESTION: What is a refusal to take a DOT drug test, and what are the consequences?
ANSWER: a. As an employee, you have refused to take a drug test if you: 1. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regula- tions, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a));
2. Fail to remain at the testing site until the testing process is com- plete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.63 (c)) for a pre-employ- ment test is not deemed to have refused to test;
3. Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the test- ing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;
Winter 2016
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