fta post accident testing thresholds and scenarios 1
TRANSCRIPT
FTA POST ACCIDENT TESTING THRESHOLDS and SCENARIOS
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FEDERAL TRANSIT ADMINISTRATION (FTA)
9th Annual Drug & Alcohol Program National Conference
Little Rock, ArkansasApril 15 – 17, 2014
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Presented By:
Leila Procopio-Makuh, C-SAPALPM Consulting Inc.
18543 Devonshire St. #333Northridge, CA 91324
(818) 366-2408 or (818) 723-6927E-mail: [email protected]
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PLEASE….
• Turn off your cell phones or put them in silent mode, and
• Refrain from using your phones or other electronic devices during class.
THANK YOU VERY MUCH.
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Course Goal
To inform and educate participants on the specific FTA criteria for conducting DOT-FTA post-accident drug and alcohol tests, and how to properly document the event.
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Types of D&A Testing Under FTA Rule (Part 655)
1. Pre-employment2. Reasonable Suspicion3. Post-Accident4. Random5. Return-to-Duty6. Follow-up
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FTA POST-ACCIDENT TESTING REQUIREMENTS
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FTA’s Definition of “Accident”(Sec. 655.44)
An occurrence associated with the operation of a vehicle (including operation of its lift), which results in:- an individual’s death; or- bodily injury requiring immediate medical treatment away from the scene; or
Note: Transportation to medical facility can be by any means.
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FTA’s Definition of Accident – Cont’d.
- disabling damage to one or more of the vehicles (if bus, electric bus, van, or automobile) and damage requires the vehicle to be towed away from the scene; or
- the vehicle (if rail car, trolley car, trolley bus, or vessel) is removed from service.
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How Does FTA Define “Vehicle” ? Vehicle means a bus, electric bus, van,
automobile, rail car, trolley car, trolley bus, or vessel. A public transportation vehicle is a vehicle used to transport the public or for ancillary services. Examples of ancillary vehicles are commercial motor vehicles (CMVs) like tow trucks, service trucks, snow removal equipment, that require the vehicle to be driven by a CDL holder, or vehicles used by armed security personnel.
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Disabling Damage
• Damage that precludes the departure of a motor vehicle away from the scene in its usual manner in daylight after simple repairs.
• It includes damage to a motor vehicle where the vehicle could have been driven, but would have been further damaged if so driven.
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Disabling Damage (cont’d.)• Excludes:
- damage that can be temporarily remedied at the site without special tools or parts;- tire disablement without other damage;- headlight or taillight damage; or- damage to turn signals, horn, or
windshield wipers, which makes the vehicle inoperable. 12
WHEN To Test?
Post-accident drug and alcohol tests are required as soon as possible:– whenever there is human fatality, or– when a non-fatal accident meets one or more of
the FTA criteria described previously, unless the employee can be completely discounted as a contributing factor to the accident. (Fault is not the issue.)
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Employee Consent • Required prior to each DOT/FTA test – For alcohol testing, employee MUST sign Step 2 of
the ATF– For drug testing, employee MUST provide a urine
sample (not through a catheter). Employee refusal to sign Step 5 of the CCF is NOT a test refusal; but refusal to sign must be documented on the Remarks line of the CCF.
• Cannot test an individual who is dead or unconscious.
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WHO to Test?
• The driver of the public transportation vehicle • Any other safety-sensitive employee whose
performance could have contributed to the accident. Examples of this are ____________, _______________,or___________________.
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WHO Makes the Decision?
• The employer (represented by the supervisor or the company official)
• Decision is based on the “best information available“ at the time of the decision- Any and all info learned during the on-site
portion of the investigation - Does not include facts that may emerge
later.
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Required Documentation
• Employer must document decision to test or not to test. (See sample Post-Accident Drug and Alcohol Testing Decision Maker Form)
• Must fill out report completely and accurately
• Send documentation to DAPM/DER to be kept in the employee’s Post-Accident testing file.
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Post-Accident Testing Time Requirements
• Alcohol test must be administered within two (2) hours of the accident (not the time the employee arrived at the clinic). If delayed for any reason, document reason for the delay.
• If alcohol test is not conducted within eight (8) hours of the accident, cease all attempts to test and document reason for inability to test.
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Post Accident Testing Time Requirements (cont’d.)
• Drug test must be conducted within 32 hours of the accident.
• An employee who fails to remain readily available for post-accident testing may be deemed by the employer to have refused to submit to testing. (Include this in your policy as a test refusal).
Note: A refusal to test is equivalent to a positive test result.
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Other Post-Accident Testing Provisions
• Medical attention/care takes precedence over drug and alcohol testing.
• If unable to perform a post-accident test within the required time period under Part 655, employer can use the results of the test(s) conducted by local law enforcement under their own authority, provided the results are obtained by the employer.
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Testing Outside of FTA Criteria
• Conducted under employer’s own authority• Must use non-Federal Custody and Control
Form or non-DOT Alcohol Testing Form• Must use a separate urine void for drug
testing if additional drugs are included in the panel
• Not included in annual DAMIS reports.
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Examples of PA Tests Under Employer Authority
1. If the damage to the company vehicle is equal to or greater than $______
2. Accident involving any company vehicle (not public transportation vehicle)
3. Testing nonsafety-sensitive employees when involved in an accident while driving a company car
4. Testing for additional drugs beyond the Big 5.
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Examples of PA Tests Under Employer Authority
5. Testing required by insurance carrier6. Testing whenever there is an accident that
results from a safety violation (when the accident does not meet the FTA criteria)
7. Testing after an accident when the driver complains of an injury.
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What Do Auditors Look For When Reviewing Post Accident Testing
Records?• Did accident meet one or more of the FTA
thresholds/criteria?• Did employer fill out a Post Accident
Decision Maker Form (or similar form)?• Is information on the Decision Maker Form
consistent with the Accident/Incident Report?
• Were the correct Custody and Control Form and Alcohol Testing Form used?
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What do auditors look for…(cont’d.)
• Were tests conducted within the required timeframes?
• If there was testing delay or inability to test, was there written documentation of the reason(s)?
• Did employer order both drug and alcohol tests?
• Was alcohol testing conducted first?
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Common Problems in Post-Accident Testing – Try to Avoid Them!
• Company policy does not clearly define circumstances when FTA testing is required
• Testing is omitted or significantly delayed without proper documentation
• Inadequately trained supervisors making decisions. Conducting FTA tests when the test should have been under employer authority, or vice versa
• Testing “just to be safe” • Lack of supervisor empowerment. 28
POST-ACCIDENT TESTING SCENARIOS
Conduct DOT/FTA tests or not – YOU Decide
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1. A transit bus was unloading passengers at a bus stop . At the same time, a speeding car struck and killed a pedestrian near the stop and the pedestrian’s walker ended up hitting the bus.
Test ____ Do Not Test _____30
2. One of your public transportation vehicles was involved in an accident where, according to your driver, another driver cut in front of him. There were no passengers on board. There were no injuries to either party; but your vehicle had to be towed away because the steering wheel locked.Test ______ Do Not Test _______ 31
3. Two passengers in the back of a bus going through a rough part of the city were involved in an altercation that ended up in a shooting. One of the passengers died at the scene (inside the bus), shot by another passenger, who the police later found out was a gang member.Test ____ Do Not Test _____
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4. According to the driver, on the way to pick up her first passenger, your paratransit van was struck on the right front fender and right side passenger door by a car that crossed over into her lane. There were no passengers, no injuries, no tow-away; but the vehicle had to be taken out of service for damage evaluation.Test ______ Do Not Test _____
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5. You arrive at the scene of an accident and find that your bus had jumped the curb and hit a lamp post. The damage appears to be major and disabling. The vehicle needs to be towed away from the scene. The driver claims the brakes failed.Test _____ Do Not Test _____
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6. While moving a bus in the yard to wash it, the Service Attendant ran into another vehicle. Both vehicles sustained minor damages. You are concerned because this is the employee’s third similar incident in the last two months.Test _____ Do Not Test _____
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7. One early rainy morning, your driver accidentally struck a woman who, according to the driver, suddenly darted into the street from between two parked cars. The right bumper of his bus clipped the woman, sending her head over heels. She was rushed to the hospital by the paramedics. The police came, but did not issue a issue a citation to your driver.Test _____ Do Not Test _____ 36
8. While making a left turn, your transit vehicle was struck on the passenger’s side by an SUV rushing to beat the light. There was major damage on your vehicle. Both the driver and two passengers were taken to the hospital. The driver’s injuries were serious; she remained in the hospital for 5 days.Test _____ Do Not Test _____
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9. While approaching a red light, your driver stated she just tilted her head back for one second because of a bad headache and her foot slipped off the brake pedal and her bus ended up hitting the vehicle in front. The driver of the other vehicle complained of back pains and said he was going to see a doctor.Test ____ Do Not Test ______
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10. As your driver was unloading passengers at a bus stop, an SUV that was being chased by a police car slammed into the back of the bus. There was major damage to both vehicles and injuries to the SUV driver and some of your passengers. The SUV had to be towed away.Test _____ Do Not Test _____
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REVIEW QUESTIONS AND ANSWERS
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a) If a bus is taken out of service to be checked after an accident, but there is no injury requiring medical treatment or disabling damage to any vehicle, is the driver required to be tested? b) What if the vehicle involved is a rail car?Answers: a)_________________________ b)_________________________ 41
The driver of your vehicle remained in the hospital for medical treatment and observation for 48 hours after an accident. Are you still required under the FTA rule to send him for DOT/FTA post-accident drug and alcohol tests after he’s released?Answer: ______________________________
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If the post-accident tests are not conducted within the required time frame (8 hrs. for alcohol and 32 hrs. for drugs), what must the employer do?
Answer: _______________________________
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Does 49 CFR Part 655 authorize employers to conduct post-accident tests based on the amount of the vehicle damage resulting from the accident?Answer: _________________________________
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The driver of your vehicle left the scene of the accident before the supervisor arrived at the scene and before he could be tested. He claimed he had an appointment to go to. Can you (the employer) consider this a test refusal? (655.44(c)Answer:______________________________45
Following a transit accident that involved a fatality, the operator was in shock and had to be taken to the hospital for treatment. You missed the FTA-mandated tests, but were able to obtain copies of the D&A test results conducted under the local police department’s authority. Can/should you include these tests in your annual DAMIS reports to the FTA?Answer: _________________________________________________________ 46
On his way to investigate a reported accident, the supervisor, who was driving a car from the company pool, was also involved in an accident that disabled his car. He suffered a minor injury that did not require treatment away from the scene. Under the FTA rule, should the supervisor be tested?Answer: ______________________________
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SOME REAL LIFE ACCIDENT SCENES….
and the stories behind them.
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THANK YOU FOR YOUR PARTICIPATION.
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