2014 1 Why Training?
9/8/2014
Recurrent Training Requirements Presented By: Joe Reilly Joe Reilly & Associates, Inc.
Recurrent Training Requirements Presented By: Joe Reilly Joe Reilly & Associates, Inc.
Why Training? Training is essential to the achievements of a business Safe workplace Comply with regulations Limit exposure to liability
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
1
9/8/2014
TRAINING – 49 CFR Part 40 DOT regulated employers must comply with 49 CFR Part 40 and applicable DOT Agency regulations. No mention of Supervisor Training ODAPC – “Employers are responsible for developing and implementing successful DOT workplace drug and alcohol programs that have as their components clear policies, provisions for education and training, drug and alcohol testing, and when needed, referral for evaluation and treatment.”
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
TRAINING – 49 CFR Part 40 Collector Training STT and BAT Training Error Correction Training – 30 days Refresher training – 5 years MRO – continuing education – mandatory prior to 10-1-2010, now 5 years requalification training SAP - continuing education, 12 hours (CEU’s) each 3 years
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Supervisor Training & Employee Education DOT Agencies Drug Free Workplace Act of 1988 State Law Programs An integral part of any Drug Free Workplace Program
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
2
9/8/2014
FMCSA Part 382 382.601 – policy requirement includes mandatory educational materials Very specific required content (11 items) 382.603 - Training for Supervisors 60 minutes alcohol misuse, 60 minutes controlled substance use Recurrent training is not required
◦ Is this a best practice? Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FAA- Part 120 120.115 and 120.223 – Employer shall provide an EAP for employees Display and distribution of informational material EAP Training program for employees 60 minutes for supervisors drug use 60 minutes for supervisors alcohol use Employer shall implement a reasonable recurrent training program for supervisory personnel making reasonable cause determinations during subsequent years.
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
USCG – 46 CFR Part 16
16.401 – Employee Assistance Program ◦ EAP education program – distribution and display ◦ EAP training program – for employer’s crew members and supervisor personnel ◦ Supervisors must receive at least 60 minutes of training
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
3
9/8/2014
PHMSA – Part 199
199.113 – EAP Required ◦ Education - Display and distribution of materials ◦ Supervisors 60 minutes drug use ◦ Supervisors 60 minutes alcohol misuse
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FTA – Part 655
655.14 – education and training program ◦ Covered employees – 60 minutes ◦ Supervisors – 60 minutes on drug use and 60 minutes on alcohol misuse
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FRA – Part 219 Employee training: Employer must provide education materials that explain the requirements of the FRA rules as well as railroad policies and procedures Supervisor training: A total of three hours of training is required: one-hour on drug use; one-hour alcohol use; and one-hour of training on how to determine if an accident qualifies for post-accident testing. Appendix A - Civil Penalties listed for non-compliance
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
4
9/8/2014
Is Recurring Training Required? ODAPC - Recommended as a Best Practice FAA - is more specific – recurring training is required FMCSA - Recurrent training is not required
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Drug-Free Workplace Act of 1988 Federal Contractor or Grantee Publish and give a policy statement Establish a drug-free awareness program
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
State Drug Free Workplace Programs Voluntary Programs Generally require education and supervisor training Some require recurring training and some don’t Non compliance can result in loss of incentive
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
5
9/8/2014
STATE
EMPLOYEE EDUCATION
SUPERVISOR TRAINING
Recurring
Alabama
Yes
2 Hours
Annual
2 Hours
No
Alaska Arkansas
Yes
2 Hours
No
Georgia
Yes
2 Hours
1 Hour - Both
Florida
Yes
No
No
2 Hours
1 Hour
Iowa Kentucky
Yes
Yes
Yes
Mississippi
Yes
2 Hours
Yes
2 Hours (382)
No
Montana Ohio
Yes
2 Hours
1 hour
South Carolina
Yes
No
No
Tennessee
Yes
2 Hours
Yes
Virginia
Yes*
Yes*
No
Wyoming
Yes
2 Hours
2 Hours
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Best Practices for Training Review the DOT agency requirements Encourage reading of the company policy prior to the training Engage your audience Ask about experiences with employees under the influence Ask about reasonable suspicion drug/alcohol events
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
EXAMPLES OF DRUG AFFECTS ON PUPILS Normal
Dilated
Pinpoint
18
6
9/8/2014
Dilated Pupils
Droopy Eyelids
21
7
9/8/2014
Best Practices for Training
Engaging and interactive training – ◦ Name that drug
Role play with supervisors Have everyone fill out a form – Documentation of Reasonable Suspicion
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
SUPERVISORS MUST KNOW:
Definition of Reasonable Suspicion
Definition of Role and Responsibility of Supervisors
Recognition of Signs and Symptoms of Drug Use
Recognition of Signs and Symptoms of Alcohol Misuse
23
Case Studies Dan is a recent retiree who came to work for the transit system three months ago. He began complaining to other drivers about immense back pain from sitting for long periods of time. Another driver gave Dan medication to help with the pain. He took several not knowing what they were. Dan missed several pick-ups. A regular passenger called and said that Dan was calling passengers by the wrong name. At the end of his shift he stumbled getting out of his vehicle. He was pale and his pupils were pin point. He talked very slowly and spoke so quietly you could hardly hear him. He looked very drowsy. When questioned by management he said he just took something for pain. 24
8
9/8/2014
2 months later
9 months later
Delivering Training Distribution of educational materials Live Training Webinar Training Computer Based Training
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Training Documentation
Keep detailed records of both your employee and supervisor drug and alcohol training: ◦ Attendance roster ◦ Dates and times of training ◦ Training materials ◦ Certification of training compliance ◦ Keep records – 2 year minimum
9
9/8/2014
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
How Do I Learn More
Developing an Effective Supervisor Training Program Course ◦ September 30, 2014, Baltimore, Maryland ◦ Coming soon - Online Training 10th Annual FTA Drug and Alcohol Program National Conference will be held in Atlanta in April of 2015. DATIA Annual Conference – Miami, FL ◦ June 2-4, 2015
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
[email protected] 321-622-2020 Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
10
Recurrent Training Requirements Presented By: Joe Reilly Joe Reilly & Associates, Inc.
Recurrent Training Requirements Presented By: Joe Reilly Joe Reilly & Associates, Inc.
Why Training? Training is essential to the achievements of a business Safe workplace Comply with regulations Limit exposure to liability
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
1
9/8/2014
TRAINING – 49 CFR Part 40 DOT regulated employers must comply with 49 CFR Part 40 and applicable DOT Agency regulations. No mention of Supervisor Training ODAPC – “Employers are responsible for developing and implementing successful DOT workplace drug and alcohol programs that have as their components clear policies, provisions for education and training, drug and alcohol testing, and when needed, referral for evaluation and treatment.”
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
TRAINING – 49 CFR Part 40 Collector Training STT and BAT Training Error Correction Training – 30 days Refresher training – 5 years MRO – continuing education – mandatory prior to 10-1-2010, now 5 years requalification training SAP - continuing education, 12 hours (CEU’s) each 3 years
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Supervisor Training & Employee Education DOT Agencies Drug Free Workplace Act of 1988 State Law Programs An integral part of any Drug Free Workplace Program
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
2
9/8/2014
FMCSA Part 382 382.601 – policy requirement includes mandatory educational materials Very specific required content (11 items) 382.603 - Training for Supervisors 60 minutes alcohol misuse, 60 minutes controlled substance use Recurrent training is not required
◦ Is this a best practice? Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FAA- Part 120 120.115 and 120.223 – Employer shall provide an EAP for employees Display and distribution of informational material EAP Training program for employees 60 minutes for supervisors drug use 60 minutes for supervisors alcohol use Employer shall implement a reasonable recurrent training program for supervisory personnel making reasonable cause determinations during subsequent years.
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
USCG – 46 CFR Part 16
16.401 – Employee Assistance Program ◦ EAP education program – distribution and display ◦ EAP training program – for employer’s crew members and supervisor personnel ◦ Supervisors must receive at least 60 minutes of training
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
3
9/8/2014
PHMSA – Part 199
199.113 – EAP Required ◦ Education - Display and distribution of materials ◦ Supervisors 60 minutes drug use ◦ Supervisors 60 minutes alcohol misuse
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FTA – Part 655
655.14 – education and training program ◦ Covered employees – 60 minutes ◦ Supervisors – 60 minutes on drug use and 60 minutes on alcohol misuse
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
FRA – Part 219 Employee training: Employer must provide education materials that explain the requirements of the FRA rules as well as railroad policies and procedures Supervisor training: A total of three hours of training is required: one-hour on drug use; one-hour alcohol use; and one-hour of training on how to determine if an accident qualifies for post-accident testing. Appendix A - Civil Penalties listed for non-compliance
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
4
9/8/2014
Is Recurring Training Required? ODAPC - Recommended as a Best Practice FAA - is more specific – recurring training is required FMCSA - Recurrent training is not required
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Drug-Free Workplace Act of 1988 Federal Contractor or Grantee Publish and give a policy statement Establish a drug-free awareness program
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
State Drug Free Workplace Programs Voluntary Programs Generally require education and supervisor training Some require recurring training and some don’t Non compliance can result in loss of incentive
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
5
9/8/2014
STATE
EMPLOYEE EDUCATION
SUPERVISOR TRAINING
Recurring
Alabama
Yes
2 Hours
Annual
2 Hours
No
Alaska Arkansas
Yes
2 Hours
No
Georgia
Yes
2 Hours
1 Hour - Both
Florida
Yes
No
No
2 Hours
1 Hour
Iowa Kentucky
Yes
Yes
Yes
Mississippi
Yes
2 Hours
Yes
2 Hours (382)
No
Montana Ohio
Yes
2 Hours
1 hour
South Carolina
Yes
No
No
Tennessee
Yes
2 Hours
Yes
Virginia
Yes*
Yes*
No
Wyoming
Yes
2 Hours
2 Hours
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Best Practices for Training Review the DOT agency requirements Encourage reading of the company policy prior to the training Engage your audience Ask about experiences with employees under the influence Ask about reasonable suspicion drug/alcohol events
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
EXAMPLES OF DRUG AFFECTS ON PUPILS Normal
Dilated
Pinpoint
18
6
9/8/2014
Dilated Pupils
Droopy Eyelids
21
7
9/8/2014
Best Practices for Training
Engaging and interactive training – ◦ Name that drug
Role play with supervisors Have everyone fill out a form – Documentation of Reasonable Suspicion
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
SUPERVISORS MUST KNOW:
Definition of Reasonable Suspicion
Definition of Role and Responsibility of Supervisors
Recognition of Signs and Symptoms of Drug Use
Recognition of Signs and Symptoms of Alcohol Misuse
23
Case Studies Dan is a recent retiree who came to work for the transit system three months ago. He began complaining to other drivers about immense back pain from sitting for long periods of time. Another driver gave Dan medication to help with the pain. He took several not knowing what they were. Dan missed several pick-ups. A regular passenger called and said that Dan was calling passengers by the wrong name. At the end of his shift he stumbled getting out of his vehicle. He was pale and his pupils were pin point. He talked very slowly and spoke so quietly you could hardly hear him. He looked very drowsy. When questioned by management he said he just took something for pain. 24
8
9/8/2014
2 months later
9 months later
Delivering Training Distribution of educational materials Live Training Webinar Training Computer Based Training
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
Training Documentation
Keep detailed records of both your employee and supervisor drug and alcohol training: ◦ Attendance roster ◦ Dates and times of training ◦ Training materials ◦ Certification of training compliance ◦ Keep records – 2 year minimum
9
9/8/2014
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
How Do I Learn More
Developing an Effective Supervisor Training Program Course ◦ September 30, 2014, Baltimore, Maryland ◦ Coming soon - Online Training 10th Annual FTA Drug and Alcohol Program National Conference will be held in Atlanta in April of 2015. DATIA Annual Conference – Miami, FL ◦ June 2-4, 2015
Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
[email protected] 321-622-2020 Joe Reilly & Associates, Inc - working with you to find the best solutions for your business
10
