Fitness For Duty. Federal Motor Carrier Safety Administration (FMCSA)

Transcription

1 Fitness For Duty Federal Motor Carrier Safety Administration (FMCSA) 0

2 Today s Training Objective The objective of this training presentation is to gain knowledge and understanding about the requirements of the Fitness For Duty (FFD) program. 1

3 Overview Consumers Energy Fitness For Duty Program Controlled Substances, Alcohol Use and Testing Part A: General Knowledge Part B: Prohibitions Part C: Effects of Alcohol and Controlled Substances Part D: Types of Tests Required Part E: Consequences of Violation Part F: Employee Assistance Service 2

4 Part A General Knowledge Why do we need regulatory programs? What is the Purpose of the Policy? Who does FMCSA apply to? 3

5 Why do we need Regulatory Programs? Government regulations require that employees operating a commercial motor vehicle are to be tested for both controlled substances and alcohol. Department of Transportation (DOT) Federal Regulations Procedures for Transportation Workplace Drug and Alcohol Testing Programs - 49 CFR Part 40 Federal Motor Carrier Safety Administration (FMCSA) 49 CFR Part 382 4

6 Purpose of the Policy Safety and Protection Assuring Employees are not under the influence Achieving a drug- and alcohol-free workplace These objectives cannot be jeopardized by the possession or use of alcoholic beverages or by the illegal possession, manufacture, sale, delivery or use of controlled substances. 5

7 Drug Free Workplace Act Applicable to all employees Prohibits the unlawful manufacture, distribution, dispensation, possession or use of controlled substances 6

8 Who Does The FMCSA Policy Apply To? Applies to all employees who: Are licensed to operate commercial motor vehicles (CDL Holders) 7

9 Part B FFD Prohibitions 8

10 The FFD Policy Prohibits The Use and Abuse of: Alcohol Controlled Substances Abuse of Legal Drugs 9

11 Alcohol Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. 10

12 Use of Alcoholic Beverages Policy Applicable to all employees. Prohibits the use or possession of alcoholic beverages on Company property, during work breaks, and/or on Company time. An employee shall not report for a call-out or scheduled work assignment evidencing the effects of alcohol consumption. 11

13 Alcohol An Employee Shall Not: report for duty or remain on duty having an alcohol concentration of.02 or greater, use alcohol while performing covered functions, perform a covered function within four hours after using alcohol, use alcohol eight hours following an accident, or until he/she undergoes a post-accident alcohol test, refuse to submit to a required test. If an employee is called to duty to respond to an emergency, he or she shall not use alcohol within the time period after the employee has been notified to report for duty. 12

14 Controlled Substances Controlled substances are drugs or chemical substances whose possession and use are controlled by the law. Employees shall not engage in the illegal possession, manufacture, sale, delivery or use of controlled substances either on or off the job. 13

15 Controlled Substances An Employee Shall Not: report for duty or remain on duty when controlled substances have been used, report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive or has adulterated or substituted a test specimen for controlled substances, refuse to submit to a required test. *No employer shall permit an employee to perform or continue to perform a safety-sensitive function if controlled substances have been used.* 14

16 Abuse of Legal Substances Employees shall not engage in the abuse of legal drugs. Legal drugs are defined as over-the-counter medications and medication prescribed for the employee. Prescription Drugs Over-the-counter Drugs Weight-loss Drugs It is a direct violation of this policy to use medications that have been prescribed to someone other than yourself. 15

17 Part C Effects of Alcohol and Controlled Substances Physical and Behavioral 16

18 Effects of Alcohol Alcohol impairs judgment and leads to memory lapses. It can lead to blackouts. It distorts vision. Hinders coordination. Causes organ damage specifically the brain, liver and heart. Immediate Effects: Feeling of well being Slowed reaction Poor coordination, balance Memory loss Drowsiness 17

19 Effects of Alcohol (Cont.) Short-term Effects Distorted vision, hearing and coordination Altered perceptions and emotions Impaired judgment Long-term Effects Deterioration of health Irreparable organ damage Dependency Shortened attention span 18

20 Prescription Drugs Examples: Sedatives Tranquilizers Pain killers Stimulants Diet pills Valium Morphine Ritalin Codeine May cause reduced job performance: Drowsiness Nervousness, anxiety Impaired judgment Easing of anxiety, tension Unconsciousness Poor coordination Slowed reactions Combinations of drugs, or alcohol and drugs may cause additional effects. 19

21 Over-the-counter Drugs Antihistamines Decongestants Pain medications Cough medicines Diet pills Sleeping pills Potential Effects: May cause reduced job performance Irritability Drowsiness Slowed Reaction 20

22 Dietary Conditions Use of diet pills Fasting Fad diets Excess caffeine May cause reduced job performance Nervousness, tremors Inattention to detail Insomnia Fatigue, exhaustion 21

23 Psychoactive Drugs A psychoactive drug is a chemical that alters brain function, resulting in temporary changes in perception, mood, consciousness, or behavior. They impact our thinking, senses, emotions, how awake or sleepy we feel, energy levels, organ functions, hormone levels, coordination and motor control. Five Main Categories: Sedative Hypnotics, Opiates, Stimulants, Psychedelics and Cannabis 22

24 General Effects of Psychoactive Drugs Examples: Alcohol Marijuana Cocaine Heroin Codeine Ecstasy Valium LSD PCP Speed Opium Ritalin Immediate to prolonged Effects: Long-term Effects: Relaxation Passing out Amnesia Lower inhibitions Restlessness Confusion Body heat loss Loss of body control Drowsiness Digestive upsets Hallucinations Personality changes Reduced muscular Confusion Addiction coordination Convulsions Increase risk of cancer Depressed respiration Possible death Psychosis Mental disruption 23

25 Don t be a Safety Hazard Drugs and Alcohol affect our abilities: Reactions Senses Perceptions Thought processes And they affect our long-term health. 24

26 Part D Types of Tests Required: Substances Tested Collection Process Eight test categories are required in FFD program 25

27 Controlled Substances That Are Tested Marijuana Cocaine Amphetamines Opiates Phencyclidine (PCP) 26

28 Tests: Controlled Substance & Alcohol Split Specimen All controlled substance testing will be performed by urinalysis using a split specimen collection process. Validity Test Each specimen shall be subject to validity testing to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. EBT (Evidential Breath Testing) Alcohol testing will be administered using an EBT device. Any alcohol test of.020 or greater will require a confirmatory test. 27

29 Arrival at the Collection Site Upon arrival at the collection site, the employee will be requested to: 1. Present picture identification 2. Remove all unnecessary outer clothing 3. Complete all paperwork 4. Wash and dry hands 5. Provide specimen 6. Wash hands and leave area when dismissed by collector 28

30 Review Chain of Custody It will be very important that you carefully review the Chain of Custody form and confirm all information is correct. The Chain of Custody form protects the employee and the integrity of the testing processes, safeguarding the validity of the test results and ensuring the results are attributed to the correct employee. If at any time you question the process, stop the collection and contact your Human Resource Representative. 29

31 Insufficient Amount of Urine Employees who are unable to provide a sufficient specimen (at least 45 ml of urine) after their initial attempt for controlled substances testing, shall be allowed to consume no more than 40 ounces of liquid in a three-hour time frame. If the employee is still unable to provide a sufficient amount following the 3 hours and 40 ounces of liquids, then the employee shall be subject to a medical evaluation, by a physician acceptable to the Company, to determine whether the inability constitutes a refusal to follow procedures. 30

32 Insufficient Amount of Breath If the employee is unable to provide a sufficient amount of breath, they too will be subject to a medical evaluation, by a physician acceptable to the Company, to determine whether the inability constitutes a refusal to follow procedures. 31

33 Retesting of Specimens If a test for controlled substances is determined to be positive, adulterated, or substituted; the employee may make a written request to the Medical Review Officer for retesting of the split sample by a laboratory approved by the Company. Request must be made within 72 hours of test result notification. Retest will be of the split specimen for the presence of the substance, no cutoff levels. Employee responsible for cost. If test returns negative, employee will be reimbursed. 32

34 Tests Required by FFD Pre-employment Pre-entry Random Reasonable suspicion Absent from work Return-to-duty Follow-up Post-accident 33

35 Pre-Employment All applicants are required to take and pass a test for controlled substances. Test must be taken within 30 days prior to employment. If more than 30 days passes, another test is administered. Failure to take and/or pass test will result in denial of employment for one year. 34

36 Pre-Entry A pre-entry test is administered when a current employee is changing from a non-regulated to a regulated safety-sensitive position. It is given within 30 days prior to entering a covered position. Failure to take and/or pass the test will result in denial of the position and disciplinary action, up to and including discharge. 35

37 Random All employees to whom this policy applies are subject to random testing which may be administered at any time for controlled substances and alcohol. Random tests will be performed without advance notice. 36

38 Reasonable Suspicion If there is reasonable suspicion to believe an employee is using controlled substances and/or alcohol, management shall require that employee to submit to a medical evaluation, including a test for controlled substances and alcohol. 37

39 Absent from Work An employee who has been absent from work for more than 30 consecutive days may be required to take and pass a test for controlled substances and/or alcohol. 38

40 Return-to-Duty Prior to an employee returning to duty following a policy violation, he or she shall submit to and pass a return to duty test for controlled substance and/or alcohol. Failure to take and/ or pass the return-to-duty test will result in discharge. 39

41 Follow-Up An employee working in a covered position who is released to return to duty shall be subject to a program of more frequent unannounced testing for controlled substances and/or alcohol for not more than 60 months after his/her return to duty. 40

42 Post-accident Immediately following an accident, the employee shall be tested for controlled substances and alcohol. Alcohol testing Within 2 hours, not exceeding 8 hours Controlled substance testing Within 32 hours Employee shall remain readily available for a test, or may be deemed to have refused to submit to testing. 41

43 Post-accident Testing Criteria Commercial Motor Vehicle is involved in an accident AND: 1. Loss of human life, or 2. Citation issued and bodily injury to a person who immediately receives medical treatment away from the scene of the accident, or 3. Citation issued and one or more vehicles incur disabling damage 42

44 Part E Consequences of Violation 43

45 Serious Consequences Because the purpose of the policy is serious, the consequences of violating the policy are also serious. 44

46 Effect of Violations Refusal to cooperate/follow procedures will result in discharge. Any employee who violates this policy with respect to controlled substance and/or alcohol shall immediately be removed from any covered position and be subject to disciplinary action, up to and including discharge. 45

47 Refusal to follow procedures means employee: fails to follow procedures for testing and/or evaluation. fails to report to the collection site when requested. fails to provide proper identification. fails to complete the paperwork as requested. fails to remain in the collection area until the collection process is complete. fails to provide a urine specimen or adequate breath sample. fails to provide a urine specimen that is not substituted/adulterated. 46

48 Refusal to follow procedures (cont.) fails to provide a sufficient specimen within the three hour time frame, and no adequate medical explanation for the failure fails to cooperate with any part of the testing process fails to follow the observer s instruction for a direct observation test possesses or wears a prosthetic device admits to the collector or MRO that specimen is adulterated or substituted Any employee who refuses to be tested under the provisions of this policy shall be discharged. 47

49 Time Lost From Work The company policy regarding payment for sick leave benefits is found in the: Salaried Employee Handbook for exempt/nonexempt the working agreement between the company and the Michigan State Utility Workers Council, Utility Workers Union of America, AFL-CIO, applicable to OM&C employees. 48

50 Appeals Appeals of positive controlled substances and/or alcohol determinations may be taken in accordance with the salaried employee handbook. Or the working agreement between the company and the union. 49

51 Administration The director of Safety and Health is responsible for the interpretation and administration of this policy. The company reserves the right to alter or amend this policy at any time. 50

52 Part F Employee Assistance Service (EAS) 51

53 Employee Assistance Service (EAS) Provided by Aetna. Provides professional and confidential assessments and referrals for employees and dependents. Employees are encouraged to use the program before personal conflicts affect job performance. 52

54 Services Offered Available for all CMS Energy employees and their dependents. Licensed behavioral health professionals available. The program offers up to three face-to-face counseling sessions per person, per year at local facilities. Convenient and confidential access to various services: Health, family life, and education available on Aetna s EAS website. Services are available 24 hours a day, 7 days a week, at no cost. 53

55 Types of Issues Addressed Marital and family problems Work-related concerns Alcohol and/or drug abuse Balancing work and family Financial or legal problems Career transition issues Personal growth and development Child or adult care issues Depression and anxiety 54

56 How to Contact the EAS Provider For assistance with personal or work issues, please contact your EAS at: Toll free: AETNAEAS ( ) Website: Company ID is: MYCMSEAS 55

57 Prior to performing covered work Ensure HR has provided you with a copy of the FFD policy. Take this opportunity to ask questions. Sign the Policy Acknowledgement form and submit to HR. Congratulations! You have completed the FMCSA Fitness for Duty Policy Training. 56

58 Questions? Please direct any questions to your supervisor, human resource representative, or Corporate Safety and Health. To reach the Corporate Safety and Health FFD Administrator call: Betty Patton: