Non-DOT Services

Non-DOT Drug

Non-DOT Policy

	Are there laws concerning alcohol testing?
	What types of tests are required?
	What is the basic testing procedure?
	What are the consequences of a positive test result?

Laws Relating to Alcohol Testing

The federal government maintains strict laws that require the transportation industry to perform alcohol testing. But what about companies that are NOT in the transportation industry?
Suprisingly, there are very few federal laws concerning drug or alcohol testing by companies with non-safety-sensitive employees. However, there are some stipulations with the Labor Law that do address the issue of alcohol testing. These laws state that the employer must have a written policy available to every employee that outlines the following:
	Who is subject to alcohol testing.
	When alcohol consumption, or being under the influence of alcohol is prohibited.
	When testing will be performed (pre-employment, random, post accident, etc.).
	What the consequences of a positive alcohol test are.
Obviously, alcohol is not an illegal substance. Therefore, you cannot dictate when your employees choose to consume it on their own time, but you do have control over your company's time. You can prohibit the use of alcohol while on the job and prohibit employees from arriving at work while intoxicated. The main legal consideration is consistency. If your company policy states that an employee should not drink on the job, then every employee that is caught drinking on the job must be terminated.

Because alcohol is a legal substance, alcohol testing is only authorized during, just before the employee is at work, or just after work (before leaving the work site).
Random
Random testing of safety-sensitive employees is required at a rate of 10% of employees per year. This testing must be evenly spread throughout the year and the selection process must be made by a scientifically valid method. NTA, Inc.'s clients may choose a random selection frequency of weekly, monthly, quarterly, or annually. Our randoms are electronically generated by a computer program written to meet government standards. Each time a selection is made, every employee has an equal chance of being chosen.
Post Accident
Post accident alcohol testing is usually following an accident where any of the following occurrences have taken place:
	the accident involved a fatality
	any of the participants in the accident received bodily injury required immediate medical treatment away from the scene
	a workers compensation claim may be filed
Reasonable Suspicion
Some companies do require employees to submit to reasonable suspicion testing when a *trained supervisor or company official has reason to believe that the employee may be under the influence of alcohol.
*Supervisor Training Information.
Return to Duty
Return To Duty testing is usually performed when company policy allows an employee to return to work following a positive alcohol test.
Follow-Up
If an employee passes his/her Return To Duty test and is allowed by company policy to return to work, Follow-Up testing is used to encourage the employee to "stay clean". Follow-Up testing usually involves 3 - 6 unannounced drug screens administered within the next 12 months of employment.

Breath alcohol testing is one of the most common ways to perform alcohol screening. The test is performed by having the donor blow forcefully into the EBT's mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been attained. If the result is less than 0.02, the test is considered negative. Breath alcohol tests are immediate, therefore the BAT reports to the employer in a confidential manner. This report may be in writing, in person, or by telephone or electronic means. If the result is positive, the BAT must ensure immediate reporting of the results to the employer to prevent the employee from performing a safety-sensitive function.

Non-evidential screen devices are also an option for alcohol testing. These tests use a test strip that is sensitive to the alcohol content of a person's saliva. They are a great choice because they are inexpensive and fairly easy to use.

Consequences of a Positive Alcohol Test

A test is considered to be positive under any of the following situations:
	A breath alcohol result of 0.04 or greater
	A positive saliva test
	Refusal to complete the alcohol test
	A breath alcohol test result of 0.02 or greater but less than .04. In this instance, the employee should not be allowed to work for 24 hours.

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