Substance Misuse Programs in Commercial Aviation Safety First (2023) / Chapter Skim
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Appendix A: Other Alcohol and Drug Programs in the Transportation Sector
Appendix A: Other Alcohol and Drug Programs in the Transportation Sector
Pages 141-152
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From page 141... ...
due to their programs providing the most complete and prompt responses to committee inquiries. The discussion highlights the salient characteristics of these drug and alcohol programs based on applicable rules and implementation guidelines under each transportation modal administration.
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From page 142... ...
FMCSA FMCSA is the agency delegated with the authority and responsibility for issuing and implementing rules that address the drug and alcohol misuse in the commercial motor carrier transportation sector. Embodied in 49 CFR § 382, these FMCSA rules are to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles (CMVs)
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From page 143... ...
, that is, commercial driver license and commercial learners permit holders, perform safetysensitive functions and are subject to the DOT controlled substance and alcohol testing regulations. A driver is defined in the regulation to include but not limited to full-time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers and independent owner-operator contractors.
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From page 144... ...
All drug and alcohol violations by commercial driver license and commercial learners permit holders, per DOT testing regulations, are reported in the FMCSA Commercial Clearinghouse. The Clearinghouse is "a secure online database that gives employers, FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about CDL driver drug and alcohol program violations."8 The clearinghouse serves as a multipurpose database depending on the user roles.
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From page 145... ...
FIGURE A-1 Violations reported to FMCSA clearinghouse since January 6, 2020. SOURCE: FMCSA Clearinghouse, December 2022 Monthly Summary Report, https://clearinghouse.fmcsa.dot.gov/Resource/Index/ 145 monthly-report-Dec2022
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From page 146... ...
Drug and Alcohol Testing Section 219.101 stipulates that if a test result indicates a blood alcohol concentration below 0.02, the test is negative and is not evidence of alcohol misuse. However, while a federal test result of 0.02 or greater but less than 0.04 is a positive test and may be a violation of a railroad's operating rules, it cannot be used to decertify an engineer under 49 CFR § 240 or a conductor under Part 242.
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From page 147... ...
Education, which may be taken face-to-face or online, may include bona fide drug and alcohol education classes, self-help groups, and community lectures. FRA does not have medical standards apart from aural and visual acuity for certification of locomotive engineers and conductors.
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From page 148... ...
Available data in the past five years are shown below: TABLE A-1 Drug and Alcohol Referrals, Refusals, and Violations, 2017–2021 Items 2017 2018 2019 2020 2021 Totals EAP directed and peer- 1,188 1,238 1,797 1,399 1,399 7,021 to-peer guided referrals Drug and alcohol 294 520 531 388 397 2,130 violations + refusals Regulated employees 127,888 133,328 132,196 121,024 121,233 127,134 Referral rate (referrals/ 0.93% 0.93% 1.36% 1.16% 1.15% 1.10% regulated employees) Referrals to test 4.0 2.4 3.4 3.6 3.5 3.3 violations ratio NOTE: Class I railroad + Amtrak + Commuters.
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From page 149... ...
The categories of employees with safety-sensitive duties employed by FTA employers and contractors and are covered under the testing regulations, include the following: • revenue vehicle operation; • revenue vehicle and equipment maintenance; • revenue vehicle control/dispatch; • non-revenue vehicle required to be operated by employees with commercial driver license; and • armed security personnel. Drug and Alcohol Testing Covered employees with blood alcohol concentration of 0.04 or greater or who refuse to submit to testing are prohibited to perform safety-sensitive functions.
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From page 150... ...
While FTA regulations require employers to comply with the DOT testing regulations, they are not required to provide or pay for rehabilitation and treatment programs. Two types of treatment are provided: inpatient and outpatient services.
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From page 151... ...
SUMMARY Given adequate time, a more in-depth analysis of the various models of drug and alcohol programs implemented across the transportation modal administrations would be helpful in determining the overall effectiveness of U.S. DOT efforts in addressing drug and alcohol impairment in transportation.
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From page 152... ...
6. Inclusion of mental health evaluation and/or focus on co-occurring mental health and substance use disorders: Specific rules and regu lations reviewed in this appendix have not specifically addressed the issue on mental health.
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