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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Type of Service
Agent
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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Type of Service
Agent
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
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.
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.
REQUIREMENTS (cont’d)
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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
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.
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.
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.
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).
ACTIONS TAKEN AFTER RECEIVING A VERIFIED TEST RESULT
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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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Drug Testing: HR Policy and Compliance; Drug Free Workplace Programs