FTA POST-ACCIDENT TESTING THRESHOLDS and

SCENARIOS

8th Annual FTA Drug & Alcohol ProgramNational Conference

Phoenix, AZApril 9 - 11, 2013

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Presented By:

Leila Procopio-Makuh, C-SAPA

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POST-ACCIDENT TESTING REQUIREMENTS

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FTA’s Definition of “Accident”(Sec. 655.44)

An occurrence associated with the operation of a mass transit 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

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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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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.

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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 Post-Accident test – For alcohol testing, employee MUST sign Step 2 of

the Alcohol Testing Form (ATF)– For drug testing, employee MUST provide a urine

sample (not through a catheter). Employee refusal to sign Step 5 of the Custody and Control Form (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 mass transit 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.

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Required Documentation

• Employer must document decision to test or not to test. See Post-Accident Testing Decision-Maker Form.

• Must fill out form 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. 15

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. 16

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.18

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 CCF and ATF used?19

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

• Testing “just to be safe” • Lack of supervisor empowerment

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POST-ACCIDENT TESTING SCENARIOS

To Test or Not to Test – 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 _____

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2. One of your vehicles was involved in an accident where another

driver cut in front of your driver. 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 _____ 24

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, shot by the other passenger, who the police later found out was a gang member.

Test ______ Do Not Test _____25

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 _____ 26

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 _____27

6. While moving a transit vehicle in the yard to wash it, the employee 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 _____28

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 died instantly from a broken neck. The police came, but did not issue a issue a citation to your driver.

Test _____ Do Not Test _____29

8. While making a left turn, your transit vehicle was struck on the driver’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 _____30

9. As she was getting off the bus, an elderly lady slipped and fell and hit her head on the concrete sidewalk. There was some bleeding and she complained of dizziness.

Test ____ Do Not Test ____

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REVIEW QUESTIONS AND ANSWERS

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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)_________________________ 33

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 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:______________________________

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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 police department’s authority. Can/should you include these tests in your annual DAMIS reports to the FTA?Answer: _________________________________ 38

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. Under the FTA rule, should the supervisor be tested?Answer: ______________________________ 39

SOME REAL LIFE ACCIDENT SCENES….

and the stories behind them.

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THANK YOU FOR YOUR PARTICIPATION.

Leila will be available for questions immediately following this session.

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