Issue link: http://palletcentral.uberflip.com/i/1243182
28 PalletCentral • March-April 2020 palletcentral.com plastic, wood or metal surfaces and can linger for hours or even days. Clean up with bleach or other products that kill viruses regularly is critical in work areas, and on tools and equipment shared by workers, kitchens, bathrooms, training and break rooms, and even porta-johns. Workers assigned to do frequent cleaning with these chemicals will be subject to the OSHA Hazard Communication Standard (1910.1200), which requires training on chemical hazards, personal protective equipment needs, first aid precautions, among others. Finally, the U.S. Department of Transportation (DOT) also weighed in regarding COVID-19 and its impact on drug testing of commercial drivers and others in "safety-sensitive" positions in the transportation sector. DOT recognizes that demands on health care facilities can complicate mandated drug testing under 49 CFR Part 382. DOT says that if COVID-19 disruptions prevent the performance of random selections and tests necessary to meet the rate for a given period, you can make up the tests by the end of 2020. Document in writing the specific reasons why you were unable to conduct tests and any actions taken to locate an alternative collection site or other testing resources (mobile testing units are favored). If you are unable to conduct pre-employment drug testing by following the regulations, you cannot allow a prospective employee to perform any DOT safety-sensitive functions until you receive a negative test result. That is unless the exception in 49 CFR 382.301(b) applies. You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident. However, if you are unable to conduct a timely test (8 hours for alcohol, 32 hours for drugs) due to COVID-19 disruptions, document the specific reasons on why you could not conduct the test. Also, document any reasons you cannot perform a "reasonable suspicion" test, including any mitigation efforts such as seeking an alternative collection site. At this time, DOT holds that you cannot allow a driver to return to duty and perform safety-sensitive functions until a negative RTD test is complete. For more information on FMCSA-regulated employees, follow the ODAPC guidance at transportation.gov/odapc. Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or phone: 301-595-3520.