Title 10, Part 26 — Fitness for Duty Programs

Purpose.

Scope.

FFD program applicability to categories of individuals.

Definitions.

Interpretations.

Information collection requirements: OMB approval.

Specific exemptions.

Communications.

Fitness-for-duty program.

Performance objectives.

[Reserved]

Written policy and procedures.

Training.

Drug and alcohol testing.

Behavioral observation.

Employee assistance programs.

Protection of information.

Review process for fitness-for-duty policy violations.

Audits and corrective action.

Applicability.

General provisions.

Initial authorization.

Authorization update.

Authorization reinstatement.

Self-disclosure and employment history.

Suitable inquiry.

Pre-access drug and alcohol testing.

Random drug and alcohol testing of individuals who have applied for authorization.

Authorization with potentially disqualifying fitness-for-duty information.

Maintaining authorization.

Applicability.

Sanctions.

Management actions regarding possible impairment.

Purpose and applicability.

Specimens to be collected.

Collector qualifications and responsibilities.

Collection sites.

Preparing to collect specimens for testing.

Acceptable devices for conducting initial and confirmatory tests for alcohol and methods of use.

Preparing for alcohol testing.

Conducting an initial test for alcohol using a breath specimen.

Collecting oral fluid specimens for alcohol and drug testing.

Determining the need for a confirmatory test for alcohol.

Conducting a confirmatory test for alcohol.

Determining a confirmed positive test result for alcohol.

Preparing for the collection of a specimen for drug testing.

Collecting a urine specimen.

Urine specimen quantity.

Checking the acceptability of the urine specimen.

Splitting the urine specimen.

Collecting a urine specimen under direct observation.

Preparing drug testing specimens for storage and shipping.

Determining “shy” bladder.

Purpose.

Testing facility capabilities.

Licensee testing facility personnel.

Procedures.

Assuring specimen security, chain of custody, and preservation.

Cutoff levels for validity screening and initial validity tests.

Cutoff levels for drugs and drug metabolites.

Split specimens.

Quality assurance and quality control.

Reporting initial validity and drug test results.

Purpose.

Using certified laboratories for testing specimens.

[Reserved]

Procedures.

Assuring specimen security, chain of custody, and preservation.

Cutoff levels for validity testing.

Cutoff levels for drugs and drug metabolites.

Testing split specimens and retesting single specimens.

Quality assurance and quality control.

Blind performance testing.

Reporting Results.

Purpose.

Medical review officer.

Determining a fitness-for-duty policy violation.

Substance abuse expert.

Determination of fitness.

Applicability.

General provisions.

Work hours.

Waivers and exceptions.

Self-declarations.

Fatigue assessments.

General.

Written policy and procedures.

Drug and alcohol testing.

Fitness monitoring.

Behavioral observation.

Sanctions.

Protection of information.

Review process.

Audits.

Recordkeeping and reporting.

Suitability and fitness evaluations.

Applicability.

General provisions.

Recordkeeping requirements for licensees and other entities.

Recordkeeping requirements for collection sites, licensee testing facilities, and laboratories certified by the Department of Health and Human Services.

Fitness-for-duty program performance data.

Reporting requirements.

Inspections.

Violations.

Criminal penalties.