DOT MODE CHANGES POST ACCIDENT TESTING TO INCLUDE OTC MEDICATIONS
Last week, the Federal Railroad Administration (FRA) issued a final rule that will require post-accident testing for certain over-the-counter (OTC) and prescription drugs. The Rule will take effect on May 6, 2013. This is a significant change and could lead to other modes adopting such provisions as well. On May 17, 2012, The FRA proposed to add routine post-accident tests for certain non-controlled substances with potentially impairing side effects (77 FR 29307). As discussed in Volume 2 Issue 2, prescription and OTC drugs have become a significant safety hazard. Federal studies have shown a significant increase in the daily use of prescription drugs, OTC drugs, vitamins, and herbal and dietary supplements by both railroad workers and the general population. Most prescription drugs and all OTC drugs are non-controlled substances, many commonly used ones, such as antihistamines and muscle relaxants; carry warning labels against driving or moving heavy machinery because of their potential sedating effects. Furthermore, even prescription and OTC drugs that do not carry such warnings can have unintended side effects when taken in combination with other drugs, when not used in accordance with directions, or when a user has an unusual reaction. In an effort to improve safety for railroad workers as well as the general public, The FRA established the rule. The full notice can be viewed here.

Will other DOT modes make the change as well?
Even though the DOT modes share Part 40 for drug and alcohol testing, each mode has their own regulation portions specific to them. Despite the specific mode portions they often adopt each other's rules, especially when the changes make a significant safety change. Currently, none of the other modes proposed the changes The FRA has made. It will be interesting to see the safety impact that The FRA's changes make and how quick that will influence the other modes to make the same changes. Mobile Occupational Services will be monitoring this issue and keeping you informed of any changes or of any proposed rule changes.

HISTORY REQUEST FORMS
Drug and alcohol history request forms are a required part of the hiring process for all modes of DOT. Each DOT Mode has different requirements on length of history, ranging from 2 to 5 years.

If you are having difficulty gathering reports and would like help from Mobile Occupational Services, contact us today at 760-244-6886 for information on our Drug and Alcohol History Request Form services.

Before you hire or transfer someone into a safety-sensitive position, you must check the person’s DOT drug and alcohol testing history. You need to check with any DOT-regulated company that employed the person during the past two years – unless you are regulated by FMCSA, FAA, or FRA.

You must get the person’s written consent to seek the information from other employers. The person must list all previous and current employers within the last two, three, or five years, as appropriate. If the person does not do so, or refuses to sign the consent form, you cannot allow the person to perform safety-sensitive functions.

There are several other important requirements that must be followed as well. For complete information on all of the requirements when requesting drug and alcohol information click here

FCRA COMPLIANCE PROCEDURES
There has been an abundance of litigation recently regarding employers not following the FCRA procedures involved when performing background screenings on employees or prospective employees. Below is a brief review of portions of the required steps when requesting a background report. For a complete guide please review our "BCP Using Consumer Reports" page.

*NOTE: within our background check system all of these steps can be followed easily. If you need a refresher on using the system please contact our office.

ON LOCATION TRAINING
Mobile Occupational Services Training Department is once again taking sign-ups for ON LOCATION DOT Supervisor Training and Employee Awareness Classes. Class appointments can be coordinated to meet your company's schedule.

Please note we only offer a limited amount of ON LOCATION classes each month and a minimum number of students are required. For more information contact us at 760-244-6886 or contact the class coordinator directly at randoms@mobileoccupationalservices.com

2013 Consortium Enrollment
Re-enrollment fees were invoiced and due by November 15th, 2012. Once we received your re-enrollment form and fees, your 2013 packet was mailed to you. All those that have not paid have been dropped and DOT has been notified. If you sent payment but did not complete the re-enrollment form, this must be done before we can send out your 2013 packet.

We now have a NEW consortium pool that covers all fees for a year with one flat rate.

Enrollment fees are based on the number of drivers. Any additional drivers added after enrollment are invoiced accordingly. Please contact us at 760-244-6886 for information.