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As the DER you must know and understand your company policy And you must be able to explain the policy to anyone that has a positive test result

If your company policy allows for hiring or continuing to employ persons with positive test results, you must:
Refer the donor to a qualified SAP:

• The SAP must: Have a face to face meeting with the individual
• The SAP must arrange for education and/or treatment
• The SAP must give the DER written authorization to have the donor take a return to duty test, plus detailed information as to the education and/or treatment
• The SAP must provide you with a plan (suggested general schedule) of when to have the individual take the required 6 postpositive tests. (While they remain in the company random program and are available for all company required testing.)
  You must receive negative results on the return to duty test before you can return this individual to a safety-sensitive function.

Post Positive Process – USCG
USCG The SAP and the Medical Review Officer must decide when the person can take the return to duty test.

THE ALCOHOL TEST

• A Department Of Transportation 3 part carbonless approved alcohol test form (ATF) must be used on all DOT required alcohol tests.
• Screening test technicians (STTs) and breath alcohol technicians (BATs) must meet the respective Department Of Transportation training and qualification requirements.
• There is no restriction as to who can be trained to conduct an alcohol screening or conformation test.
  Persons selected, as collectors must be Department of Transportation trained – there is no required certificate.  However they must have an affidavit for completing the observed consecutive collections. 
• An STT can conduct only alcohol screening tests.
• A BAT can conduct alcohol screening and confirmation tests.
• An employee’s immediate supervisor, (who is also STT or BAT trained), should not conduct reasonable suspicion alcohol tests.
• The DER’s contact information must be available to the collector.
• If a screening test is positive, a confirmation test must be performed using a Breathalyzer after a fifteen-minute observed waiting period.
• No other bodily fluids (ex blood) or testing methods can be used for confirmation.
  All alcohol tests provide an immediate result.
• Make sure that results of alcohol tests are repotted to you promptly by the collection facility.
  Alcohol test results do not go to your MRO.
   
  Alcohol tests are required for one of the following reasons:

Random – Unannounced. Required % is mode specific  (ex FMCSA is currently at 50% drug and USCG has a o % Alcohol random requirement) Employee must go immediately when notified, not in 24 hours or the next day. Failure to report directly should be considered a refusal to test.

• Alcohol random tests must be conducted just before, just after or while the individual is on duty.
• Designated Employer Representatives can hold random selection notification, as long as the donor(s) are not advised of the selection. However it is a good idea to complete random selections as quickly as possible as regulation requires that they be completed before another selection is made.
• A minimum of 4 selections must be made on an annual basis
• A company can exceed the DOTS required percentage, but they cannot reduce the percentage in their company policy.
  All active covered employees must remain in the random pool and may be called for random testing multiple times, while some people will never be randomly selected.
• If more then one person is selected at your company DO NOT show the entire list to any selected person until all tests have been completed. 
• Donors that have a positive alcohol test must have a BAT conformation after a 15-minute required waiting period.
  Donors that confirm positive at 0.04 or above on a NHTSA listed Breathalyzer must be taken out of service immediately and are subject to all postpositive requirements. 

Post-Accident – Testing must be performed as soon as possible after the accident

• The definition of a Department Of Transportation accident is defined by each mode. For all modes – testing must be completed for alcohol within 8 hours 
• If test can not be done (document after 2 hours why alcohol could not be completed after 8 hours document and discontinue effort to have an alcohol test done.
• When a donor is hospitalized You can ask have the facility to conduct the required testing, but it is strictly their decision as long as the individual is in their charge. Document and record their response.
• If the individual is released within the 8-hour window you should continue to try and complete the required testing.
• You can conduct a Department Of Transportation required alcohol test at the site of the accident (as long as the collector is Department Of Transportation trained and the individual is given both visual and oral privacy for the test. 
• You cannot use a law enforcement test results unless the testing was conducted under the Department Of Transportation process.
• You can include additional post accident testing criteria (ex: every accident with any issued violation) in your company policy as long as it does not supercede Department Of Transportation regulations: However do not use the Department Of Transportation Custody & Control Form for these tests.
• Instruct all covered employees and supervisory personnel in proper notification procedures in the event they are involved in an accident, so that if required, post accident testing can be completed in the required timeframe.
• You can keep Department Of Transportation test kits (form, approved test device) in company vehicles to accommodate any required testing.
• Review dated products in these kits to make sure they have not expired. 

 
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