March, 2016

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Supervisor Training Required by the DOT

Supervisor Training Required by the DOT

When you're setting up your new drug-free workplace program, one of the crucial areas to make sure you get right is your required training of supervisors. What type of supervisor training is required?

Supervisor reasonable Suspicion Training

The regulations state: “Each employer shall ensure that...” all supervisors of CDL holders “...receive at least 60 minutes of training on alcohol misuse and...60 minutes...on controlled substances use.

The purpose of the training is to familiarize supervisors (of CDL holders) with “...the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances to determine whether reasonable suspicion exists to require a driver to undergo testing...”

In practical terms this is to ensure that those who are supervising CDL holders will be able to spot a drug or alcohol problem with the employee and deal with it proactively.

The consequences of not doing the supervisor training can be devastating to the public, to the employee, and to the company both financially and legally.

In one case I knew of a CDL driver in a semi veered off the road and ran over and killed a State Trooper who was doing a traffic stop on the side of the road. It turned out that the driver (who survived) had used controlled substances and was severely impaired.

In this case the problems for the company potentially went far beyond the cost of damages and insurance rates. When an accident like that happens it spurs an investigation into the employer too, and the authorities will be looking to see if the required supervisor training was done.

They would want to see the records of who was trained, and any records pertaining to the employee. If the company had done everything required that would go a long way to mitigate any liability on their part.

However if they hadn't done the required supervisor training, then they would be in trouble, possibly with state and federal authorities, likely to be sued for negligence, face stiff fines, and possibly face criminal charges for endangering the public. Additionally the federal DOT can determine a company deserves a Public Interest Exclusion (PIE) and shut them down for good.

Mydrugtestingprogram.com offers complete supervisor training that complies with the DOT regulations. Its a part of our membership and is available 24/7 to download and play or stream online on any type of device. We also provide a Supervisor reasonable Suspicion Training Certificates to those completing the training and submitting the “Post Test.”

What does the DOT require of you?

What does the DOT Require of your company?

In 1996 The US Department of Transportation (DOT) established rules requiring drug free workplace programs for safety sensitive workers in the Trucking, Airline, Maritime, Railroad and Pipeline industries.

I like to summarize the requirements as basically falling into three categories of paperwork, training, and testing Requirements.

State vs Federal DOT Requirements:

Individual states mostly follow the Federal DOT regulations. So when you have an audit by either a state or federal official here’s what they’ll be looking for you to be in compliance with:

Paperwork and Record-keeping Requirements

A written company drug and alcohol policy for your employees who are covered under the regulations. An Employee Assistance program. Someone who is the Designated Employee Representative (DER) who is in charge of your drug testing program

You're required to keep secure and confidential employee files with records including about their training, drug and alcohol testing, and other drug program related information such as Substance Abuse Professional, reasonable suspicion, and post accident testing notes.

You also must keep supervisor training records, summary reports, and any correspondence with your drug testing program consortium, lab, collection sites, Medical Review Officer (MRO) and program administrators such as Mydrugtestingprogram.com.

Employee and Supervisor Training Requirements

Safety sensitive employees such as CDL holders must be given training and information covering Employee Assistance Programs (EAP), the regulations they must comply with, what happens if they fail to comply, drugs and alcohol, a drug and alcohol policy, and voluntary self-disclosure of a problem.

Supervisors of safety sensitive employees are required to have two hours of training to spot and employee who is abusing/using drugs or alcohol.

Drug Testing Requirements

All covered safety sensitive employees must be in a valid random drug and alcohol testing program that tests at the percentage required by the current Federal DOT rules. In addition to random testing there is also pre-employment, post-accident, reasonable suspicion, and return to work and follow up testing following a positive result.

This is only a summary of what’s required. If you want to read the regulations Google “CFR 49 part 382”. Mydrugtestingprogram.com helps our clients to comply with the regulations in each of these areas with programs that are easy to start and and set up and affordable. Contact us today if you have questions at 800-413-4917.

Why have a drug testing program?

There are a lot of different reasons to have a drug testing program for a business or organization. Some are required to have one, others do it for the financial benefits, and some for safety and liability reasons.

The US Department of Transportation (DOT) under the Federal Motor Carrier Safety Administration (FMCSA) mandates drug and alcohol testing for many businesses in trucking, mass transportation, busing, limo services, airlines, pipeline, railroads, and maritime beginning in 1996. 

Others companies need drug-free workplace programs in order to access more work opportunity. Many larger companies require it for their partners and contractors to work with them.

Businesses also can benefit from having an a drug testing program by getting better insurance rates, and pointing out their commitment to public safety and employee wellness in their marketing and public relations efforts.

Mydrugtestingprogram.com helps you get everything set up and administer your program whatever your reason for learning about drug-free workplace programs.