Employees' Cheat Sheet: Federal Drug & Alcohol Testing
Understanding federal drug and alcohol testing can feel like a game of Twister—one wrong move, and you could be facing federal sanctions! This cheat sheet helps you understand all the dos and don'ts of federal drug and alcohol testing.
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Dos and Don'ts
To ensure compliance with DOT and FRA testing regulations (49 CFR Parts 40 and 219), here are some dos and don'ts for regulated employees, especially those in safety-sensitive positions:
Drug and Alcohol Prohibitions
If you're working in a safety-sensitive position, you can't have alcohol or illegal drugs while on duty. Using alcohol while on duty, or even within four hours before reporting for service, is against federal regulations.
Alcohol Concentration Levels
Return to Duty
Prepare for some follow-up testing if you're on the mend and looking to return to work. You might have up to 60 months of regular checks ahead of you—a minimum of six tests in the first year.
The Drugs They Test For
When it comes to the substances they're checking, you'll be tested for the usual suspects: marijuana, cocaine, opioids, amphetamines, and PCP.
Non-Negative Test Results
If the lab sends back a non-negative result (that's positive, adulterated, invalid, or substituted), don't panic! The Medical Review Officer (MRO) will chat with you to see if there's a legitimate medical reason behind it—like a prescription medication. If you want a second opinion, you can request a test of your "split specimen." Just keep in mind: you only have 72 hours to make that request, and if it comes back positive, you might have to cover the testing costs yourself.
Prescriptions and Over-the-Counter Medications
Employees in safety-sensitive positions are responsible for understanding how their medications affect their ability to perform safely. First, be sure to let your treating physician know about all the medications you're taking. Always stick to the doctor's prescribed dosage and know that your employer might ask for prior approval for any medications you take. And remember: only use medications prescribed specifically for you. Borrowing your spouse's or kid's meds can lead to unexpected consequences, like a positive federal test result.
Urine Collection
It might sound awkward, but direct observation urine collection can be part of keeping things compliant with federal regulations. So, when do you need a collector or observer watching you like a hawk while you provide your urine specimen? Here are the key scenarios:
Shy Bladder? No Problem!
If you're having trouble providing a specimen, you can give it another shot for up to three hours. You can drink up to 40 ounces of fluid to help things along—just remember, no combining samples! If you still can't provide a specimen, you might see a physician for a medical evaluation. If they determine no medical reason for the hold-up, it could count as a refusal.
Refusal to Test
Refusing to take a federal test can lead to even harsher penalties than testing positive. If unsure, just take the test and handle any concerns afterward. A refusal includes things like:
Fatal Flaws
Fatal flaws are serious procedural errors that can cancel a federal drug or alcohol test. An example? If the specimen ID numbers on your bottle don't match those on your test form, you have a fatal flaw!
Voluntary Referral and Co-Worker Report Policies
Voluntary referral and co-worker report policies are here to help if you or someone you know is facing a substance abuse issue. Here's how they work:
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