drug testing: hr policy and compliance; drug free workplace programs

Designated Employer Representative (DER)

Drug And Alcohol Testing

For

Drug-Free Workplace Programs

This presentation will provide an overview on:

Definitions as used in Presentation Overview Drug and Alcohol Program Requirements Policy Components Training for Supervisors Designated Employer Representative (DER) – Duties &

Responsibilities Record Retention

DESIGNATED EMPLOYER REPRESENTATIVE (DER)

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This presentation will provide an overview on: (cont’d) Federal Custody and Control Form What Drugs Are Tested Types of Testing Pre-Employment Random Post-Accident Reasonable Suspicion/Cause Return-to-Duty Follow-Up

Actions Taken After A Verified Test Result


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Type of Service Agent

Responsibilities

Designated Employer Representative (DER)

An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the company requirements.

Service agents should not act as DERs.

Breath Alcohol Technician (BAT)

Conduct alcohol screening and confirmation tests (i.e., the second test given to an employee whose screening test result is 0.02 or above) by collecting and analyzing breath specimens using an approved screening device and an evidential breath testing (EBT) device.


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Responsibilities

Collection Site

A place designated by the employer where individuals present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. Not to be confused with the laboratory.

Collector

Collect urine specimens using Health and Human Services (HHS) guidelines, ships the specimens to Department of Health and Human Services (HHS) certified laboratories for analysis, and distribute copies of the CCF to the laboratory, MRO, employer, and employee in a timely manner. Collector required to maintain collection site security and integrity.

Laboratory

Receive, analyze, and report laboratory confirmed results only to MRO’s. The laboratory must be certified by Health and Human Services (HHS).


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Responsibilities

Medical Review Officer (MRO)

Receive laboratory confirmed urine drug test results; determine whether there is a legitimate medical explanation for a laboratory-confirmed positive, adulterated, or substituted result; and review and report a verified result to the employer in a timely and confidential manner.

Substance Abuse Professional (SAP) / Employee Assistance

Program (EAP)

Evaluates employees who have violated drug and alcohol policy provisions and make recommendations concerning education, treatment, follow-up testing, and aftercare. The SAP/EAP determines if the employee demonstrates successful compliance with the recommended education and treatment.

Consortium / Third Party Administrator

(C/TPA)

A service agent who coordinates a variety of drug and alcohol testing services for employers. These services can include random selections; preparation of reports; and coordinate urine collections, laboratory testing, MRO services, alcohol testing, and SAP/EAP evaluations.

• Companies must have a written policy

• Company must assign one or more employees to serve as a DER

• Provide employee(s) with educational materials

• Must have supervisor and manager training

• DER Duties & Responsibilities • Collection Process

• Record Keeping Requirements

DESIGNATED EMPLOYER REPRESENTATIVE (DER) OVERVIEW

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• Control & Custody Form • Pre-Employment Testing • Random Testing • Reasonable Cause/Suspicion

Testing • Post-Accident Testing • Return-to-Duty Testing • Follow-Up Testing • Removal of a covered employee • Substance Abuse Professional

(SAP) Process & Duties

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A Company’s Drug & Alcohol

Testing program is comprised of three

main focus areas. Each having an integral

function for the success of the program.

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Companies should have a Drug-Free Workplace Policy in place that fully explains their drug and alcohol testing program. The DER must fully understand the company’s drug and alcohol policy.

Not only must you have policies, but you must also make them available to employees covered under your program. Employees should sign for receiving a copy of the policy and educational materials.

DESIGNATED EMPLOYER REPRESENTATIVE (DER) REQUIREMENTS

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Employers should promulgate a policy on the misuse of alcohol and use of controlled substances.

(a) General Requirements. Each employer shall provide educational materials that explain the requirements and the employer’s policies and procedures with respect to meeting these requirements.

1) The employer shall ensure that a copy of these materials is distributed to each employee prior to the start of alcohol and controlled substances testing as well as to each employee subsequently hired or transferred into a position requiring drug and/or alcohol testing.

2) Each employer shall provide written notice to representatives of employee organizations of the availability of this information.

DESIGNATED EMPLOYER REPRESENTATIVE (DER) REQUIREMENTS (cont’d)

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Employers should promulgate a policy on the misuse of alcohol and use of controlled substances. (cont’d)

(b) Required content. The materials to be made available to employees should include detailed discussion of at least the following:

1) The identity of the person designated by the employer to answer employee questions about the materials;

2) The categories of employees who are subject to the provisions of this policy;


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(b) Required content (cont’d)

3) Specific information concerning employee conduct that is prohibited by the policy;

4) The circumstances under which an employee will be tested for alcohol and/or controlled substances the policy;

5) The procedures that will be used to test for the presence of alcohol and controlled substances, protect the employee’s confidentiality and the integrity of the testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee;


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(b) Required content (cont’d)

6) The requirement that an employee submit to alcohol and controlled substances tests administered in accordance with the policy;

7) An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test and the attendant consequences; and

8) The consequences for an employee found to have violated the guidelines of the policy;


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(c) Optional provision. Information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the employee’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substance problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management.

(d) Certificate of receipt. Each employer should ensure that each employee is required to sign a statement certifying that he or she has received a copy of these materials described in this section. Each employer shall maintain the original of the signed certificate and may provide a copy of the certificate to the employee.


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Training for Supervisors

Each employer should ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. Supervisors do not need DER training specifically. They should however have full understanding of the company policy.


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The Designated Employer Representative (DER) is:

An employee authorized by the employer to take immediate action(s) to remove employees from duties, or cause employees to be removed from their duties, and to make required decisions in the testing and evaluation processes.

The DER also receives test results and other communications for the employer, consistent with the requirements of the policy.

The DER should also be readily available if the need arises.


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Specific duties and responsibilities will include:

To be familiar with the entire testing process: Urine collection process:

What exactly takes place at the collection site? What paperwork is completed? What procedures are given to the employee by the

collection site personnel? What procedures take place after the employee has

provided his/her specimen? What procedures take place at the testing laboratory? What is the MRO process?


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Specific duties and responsibilities will include (cont’d):

How is the collection process finalized if there are no problems?

In the event of a problem, what does the collector do, who does he/she contact?

What constitutes a “refusal to test” at the collection site?

As a Best Practice, it is recommended to visit a collection site from time to time when your employees are there for tests to see for yourself how the process is going.


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As the DER, record keeping requirements vary depending upon the test results and/or specific type of document prepared.

All Records should be retained in accordance with all:

Federal, State, and Local Regulations

DESIGNATED EMPLOYER REPRESENTATIVE (DER) RECORD RETENTION – Responsibilities/Requirements

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Custody and Control Form

This procedure uses the Drug Testing Custody and Control Form (CCF) for specimen collection. This procedure is used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the holding period of the documentation has been reached.


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Drug tests are conducted only using urine, oral fluids, breath, or hair specimens. The urine specimens are analyzed for the following drugs/metabolites (5-drug panel):

Marijuana metabolites / THC

Cocaine metabolites

Phencyclidine (PCP)

Amphetamines (including methamphetamine, MDMA (Ecstasy), MDA, and MDEA)

Opiates (including codeine, heroin (6-AM), morphine), and

Additional drug panels may be included for testing as per the Company policy requirements.

DESIGNATED EMPLOYER REPRESENTATIVE (DER) WHAT DRUGS ARE TESTED?

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There are Six (6) basic types of testing and the DER must be knowledgeable of the requirements for each type:

Pre-Employment: Required as per the Company’s policy requirements.

Random: Depending upon a company’s requirements, they may wish to

implement random testing. If utilized, once an employee has been hired, he/she must be placed into a random pool. All random tests are unannounced. Random testing rates are determined by the Company policy. An employee who has been selected for a random test, must proceed to the testing site immediately upon notification by the employer.

DESIGNATED EMPLOYER REPRESENTATIVE (DER) TYPES OF TESTING

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Random (cont’d):

Random tests are the key part of your drug and alcohol program since they deter employees from using drugs and/or misusing alcohol.

Random tests allow for everyone having the same opportunity to be selected for all random selections regardless of any previous random testing history. Whether an individual has been selected ten times or never, every individual has the same chance of being selected as any other individual in the specific random pool.

What makes random testing so effective is the element of surprise. While employees know they will be tested, they never quite sure know when.

DESIGNATED EMPLOYER REPRESENTATIVE (DER) TYPES OF TESTING (cont’d)

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Post-Accident:

Depending upon a company’s requirements, they may wish to implement post-accident testing. It will up to the company to define exactly what criteria will constitute an accident.

Based upon this criteria, an employee may or may not be

subject to the post-accident requirements as stipulated in the Company’s policy.


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Reasonable Suspicion: You may conduct a test for drugs and/or alcohol if a supervisor or company official (preferably, one who has been trained) believes or suspects an employee is under the influence of drugs and/or alcohol.

Testing should not be required solely on a guess, hunch or complaint from another person or phone call tip. The suspicion should be based on specific observations by the supervisor or company official concerning the employee’s current physical appearance, behavior, speech, and smell (indicators) that are usually associated with drug and/or alcohol use. All of your actions should be well documented.


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Return-to-Duty: (If applicable)

Based upon the company’s policy, a company may or may not choose to allow an employee who has tested positive for a controlled substance and/or alcohol to return to work. If a company choose to have a “Zero-tolerance” policy, then “return-to-duty” testing is NOT a consideration.

If on the other hand, a company chooses to allow an employee a

“one-chance” option to remain employed, then return-to-duty testing becomes a policy issue. This process could include referral to an EAP program, treatment and/or a rehabilitation program, followed by a return-to-duty drug test and possible follow-up testing.


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Follow-Up: (If applicable)

If a company has chosen to allow an employee who has had a positive drug and/or alcohol test to re-enter the workplace, then this type of testing may or may not be included as a policy requirement. If it is, this testing allows for unannounced testing of the employee over a period of time to insure that the employee has not returned to substance(s) and/or alcohol abuse.


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As an employer who receives a verified positive test result, adulterated or substituted drug test result, you must refer to and follow the Company’s policy guidelines as to how you will proceed. Depending upon the policy guidelines, the company will either require a termination or allows an employee to Return-to-Duty. In this case, the employee would normally be removed from service, follow a return-to-duty protocol process and possibly have a referral to an Employee Assistance Program (EAP).

DESIGNATED EMPLOYER REPRESENTATIVE (DER) ACTIONS TAKEN AFTER RECEIVING A VERIFIED TEST RESULT

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DESIGNATED EMPLOYER REPRESENTATIVE (DER) SUBSTANCE ABUSE PROFESSIONAL (SAP) / EAP PROCESS

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Referral - Initial Evaluation – Successful Completion of Treatment Program Re-Evaluation – Return-to-Duty Testing – Follow-Up Testing Plan

THIS CONCLUDES THE PRESENTATION

FOR


THANK YOU

IF YOU HAVE ANY QUESTIONS PLEASE CONTACT

HR PROFILES

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drug testing: hr policy and compliance; drug free workplace programs

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