Federal Definition Safety Sensitive Position
If your company employs employees in security-sensitive positions, background checks and drug testing are a must. Accurate helps you create and implement an effective and reliable background check policy that helps protect your organization. We offer exceptional national and international background checks for businesses of all types and sizes. Contact us today to find out how we can create a program that`s right for you. In principle, every employee who tackles any of these safety-sensitive tasks in the workplace must participate in the program. “Multistate employers sometimes struggle to understand what `safety sensitive` means,” noted John Thomas Jr., an attorney at McGuireWoods in Tysons, Virginia. Sometimes the term is defined by federal or state laws, and sometimes it`s at the discretion of the employer or common sense. We have established the relationship between background checks and security, but are there other benefits to an employee screening program? Employers who incorporate background checks into their standard hiring procedures can enjoy several other benefits, including: Modernizing the definition of “safety critical” is critical for employers as they maximize the benefits of their drug testing program. So I have a question for you.
Have you ever been in a situation where you needed to be sure of defining a safety-sensitive position or performing safety-critical tasks? Let us know in the comments below. Any employer whose activities are regulated by one of the following federal agencies and organizations is covered by the law: The FMCSA and FAA each define a safety-sensitive position differently. The exact definition of a security-related position varies from one province or territory to another. In the United States, the term is defined at the federal level by instruments such as the Equal Employment Opportunity Commission (EEOC). Some U.S. states offer more precise definitions of the term. The definition of performance is important because, in many cases, it determines whether a safety-sensitive employee is subject to sanctions from the Ministry of Transportation and whether drug or alcohol testing is warranted. First, the employee is actually performing a safety-critical function. Okay, pretty simple. And the FMCSA and FAA define the “execution” of a safety-related function in the same way and with the same criteria.
Jennifer Mora, an attorney at Seyfarth Shaw in San Francisco, said that if state or local law doesn`t clearly define “relevant to safety,” it`s a good approach to focus on the tasks the employee performs regularly (rather than sporadically) and ask if those tasks pose a risk to the employee, other workers, or the public. Drug testing laws, technologies and trends are evolving rapidly, but one thing does not change: the proven effectiveness of workplace drug testing as a cost-containment and risk mitigation tool. Employers should continue to talk about the importance of their drug testing program and the importance of the laws and regulations that affect these programs to their overall safety and risks. That being said, a person who performs any of these duties but does not actually drive is not considered a safety-sensitive employee. Most state and local law enforcement officers and emergency service providers are also required to undergo drug testing. However, the laws and regulations that affect these tests vary from state to state and agency to agency. Currently, there is no consistent federal drug testing requirement for non-federal “first responders”. DOT agencies (Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, Federal Transit Administration, and Pipeline and Hazardous Materials Safety Administration (Pipeline)) and the United States Coast Guard (USCG) each have industry-specific regulations that cover a total of approximately 12.1 million transportation employees who provide safety-related services. Perform functions.
These regulations determine who is tested, when and under what circumstances. These provisions can be found on our website. A safety-sensitive position is a position in which the employee occupying that position is responsible for his or her own safety or that of others. If a person engaged in this type of work is under the influence of drugs and/or alcohol, members of the workforce, the public or even themselves can be injured or even killed. A person in safety-sensitive employment must have a sharp mind and carefully perform the duties and responsibilities of the job. Every company has different drug testing requirements, so in some cases, one company may test its employees more often than others. The key point is that there is no one-size-fits-all rule that applies to all companies in all industries, and it cannot be assumed that employees working across a company`s entire spectrum will be tested with the same force and regulation that applies to pilots, CDL drivers, or other DOT-regulated positions. In its definition of 120 of 14 CFR, the FAA lists nine safety-related functions and types of employees. FMCSA post-crash tests are drug and alcohol tests for drivers involved in accidents while performing safety-related duties. If you find that a driver was exactly as with the safety-sensitive definition, the DOT leaves it to each agency to explain what it means to perform a safety-related function.
Employees in safety-sensitive jobs are responsible for their own personal safety as well as the safety of others. Examples: Third, you should make a decision based on facts and using common sense. Some employers attempt to label any position as relevant to safety in a reckless attempt to exclude all medical marijuana users from their business. Don`t fall into this trap. John, the receptionist, probably isn`t in a safety-sensitive position just because he drove a vehicle to get coffee from his boss three years ago. Don`t bend the facts to support a preconceived conclusion. Instead, let the facts guide you in your decision. This way, you put your company in a good position to support its decision to designate a workplace as safety-relevant with evidence.
For more information on the impact of cannabis legalization on safety-sensitive industries, check out my colleague Jaime Feinberg`s questions and answers on safety and risk. In a safety-sensitive workplace, impairment from drug or alcohol use can result in significant injury to the employee and others in the area. Lack of attention in a safety-sensitive position can result in an incident that adversely affects the health or safety of employees, contractors, customers, the public or the environment. These types of incidents (and the practices that led to them) may adversely affect the company`s financial position and/or any goodwill previously acquired in the field in which the company operates. Safety-sensitive activities include the use of heavy machinery, the operation of public transport or the handling of hazardous chemicals. In many cases, employees who are hired in safety-sensitive positions must undergo regular drug and alcohol testing, as well as post-incident testing. Your employer is obliged to exclude you immediately from safety-related duties. You can`t go back to DOT-regulated security-related features until you: Why are we writing this blog post? We hear that many employers go wrong to test employees for drugs.
This is especially special given many states that allow medical marijuana and even recreational marijuana. We want the information in this article to build employers` confidence in conducting drug testing, especially employees in safety-related positions. The first step, of course, is to www.preemploymentscreen.com/job-descriptions/ the tasks and responsibilities of the job and define www.preemploymentscreen.com/using-cannabis-increases-risk/. “Workplace safety is a major concern for all employers,” said Will. “When developing drug testing guidelines for safety-sensitive roles, employers should devote time and resources to reviewing the specific tasks associated with all workplaces that may be safety-sensitive.” And remember, all safety-sensitive employees should participate in your drug and alcohol testing program. They are also subject to DOT sanctions if they are found to be violations. “Safety sensitive generally means that a position involves an aspect of heightened danger that requires an employee`s complete and intact skill and judgment to perform their job safely,” said Mary Will, an attorney at Faegre Drinker in Denver. However, she said employers should understand that the definition of “relevant to safety” varies from state to state, and that not all states have such exceptions. Peer Reporting Programs These programs, which are usually sponsored by employers or unions, encourage you to identify employees with substance abuse issues, because everyone`s safety depends on it. Using peers to convince agitated friends and colleagues who have a problem to seek help often guarantees the same benefits to the colleague with substance abuse problems as if they had reported themselves. Just like the FAA, whenever a driver touches a stage of the driving and selling process, they are considered a safety-sensitive task. For the FMCSA, all drivers “who operate a commercial vehicle in commerce in any state” are safety-sensitive employees.
These drivers are subject to the 49 CFR Part 383 Commercial Driver`s License (CDL) requirements or Mexican or Canadian equivalent.
