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BY LAURA SHELTON, CMP, DATIA


OSHA’s New Post- Accident Reporting Rule Seeks to Impair Post Accident D&A Testing On May 12, 2016, the Occupational Safety and Health Administration (OHSA) published its final rule on electronic reporting of workplace injuries and illnesses. Te new rule enhances an employer’s obligation to ensure that employees report work-related injuries and illnesses. Specifically, effective 90 days aſter publication of the rule, on August 10, 2016, employers must establish “a reasonable procedure” for employees to report work- related injuries and illnesses promptly and accurately. Te rule prohibits this procedure from deterring or discouraging a reasonable employee from accurately reporting a workplace injury or illness. Under this new reporting standard,


employer policies that request or require post- accident drug or alcohol testing will now face scrutiny by OSHA because, the agency claims, post-incident testing deters injury reporting. [Editor's note: At the time of publication, implementation of the rule has been delayed until November 1, 2016 pending legal action taken against OHSA.] Read more here: htp://www.litler.


com/publication-press/publication/ osha%E2%80%99s-new-electronic- accident-reporting-rule-seeks-dramatically


DATIA White Paper: What Does the 25% Random FMCSA Drug Testing Rate Really Mean for You and Your Company? By now you have heard that the Federal Motor Carrier Safety Administration (FMCSA) has reduced its random drug testing rate from 50% of CDL drivers tested to 25%, effective Jan. 1, 2016. So, why was this change made? Based on FMCSA’s Management


Information System reports (MIS) for calendar years 2011, 2012, and 2013, the


36 datia focus


positive rate for controlled substances random testing fell below the 1.0% threshold for 3 consecutive calendar years. As a result, the FMCSA lowered its controlled substances minimum annual percentage rate for random controlled substances testing to 25% of the average number of driver positions. On August 17, 2001, a final rule titled,


“Controlled Substances and Alcohol Use and Testing” (66 FR 43097), established the process by which FMCSA determines whether the minimum annual percentage rate for random controlled substances testing should be increased or decreased. All modes (FAA, FTA, FR, PHMSA, FMCSA, etc.) started out at a 50% random rate and all modal regulations contain the same provision that the rate will/can only be lowered to 25% if the positive rate is below 1% for two consecutive years (49 CFR 382.305 for FMCSA). If the positive rate for any mode ever goes above 1% for any given year, the rate automatically reverts back to the 50% rate (49 CFR 382.305(e)(2) for FMCSA). FMCSA actually didn’t lower it until the positive rate was below 1% for more than three years. Below are the random drug testing rates


for the last 3 years. Please note, MIS Reports come in March 15


so many agencies don’t have their 2015 numbers yet. We will include those when they are ready.


Federal Aviation Administration (FAA)


• 2013—0.485% • 2014—0.534% • 2015—TBA


Federal Railroad Administration (FRA)


• 2013—0.39% • 2014—0.37% • 2015—TBA


Federal Transit Administration (FTA)


• 2013—0.74% • 2014—0.87% • 2015—TBA


Pipeline and Hazardous Materials Safety


Administration (PHMSA) • 2013—0.978% • 2014—0.914% • 2015—TBA


United States Coast Guard (USCG)


• 2013—0.773% • 2014—0.79% • 2015—0.921%


Federal Motor Carrier Safety Administration (FMCSA)


• 2013—0.7% • 2014—TBA • 2015—TBA View the full DATIA white paper here:


htp://www.datia.org/datia/advocacy/ whitepaper_FMCSA.pdf


New DOT Resource Unveiled at DATIA 2016— Employer Brochure on Monitoring Collectors If you atended DATIA 2016 a few months ago, you had the FIRST look at the Department of Transportation (DOT)’s newest resource, a brochure called: What Employers Need to Know About Monitoring Collection Sites. This easy to read brochure will provide


employers with the basics to maintaining oversight of collectors and collection sites, each of whom play a key role in the safety mission. You can view the brochure from


the ‘Employer Brochure’ page: htps://www.transportation.gov/odapc/ employer_brochure


New FAA Resource: Checklist—Steps to Take After an Employee Violates Drug/Alcohol Regulations Te U.S. Federal Aviation Administration Drug Abatement Program added a new


summer 2016


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