BASIC INDOCTRINATION Anti-Drug/Alcohol Misuse Program.

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BASIC INDOCTRINATIONAnti-Drug/Alcohol Misuse Program

GENERAL OVERVIEW

Anti-Drug/Alcohol Misuse Program

Who is subject to DOT testing?

• Flight crews, • Flight Attendants, • Flight Instructors, • Air Traffic Controllers • Aircraft Dispatchers, • Aircraft Maintenance or Preventative

Maintenance Personnel, • Ground Security Coordinators and • Aviation Screeners.

Why are safety-sensitive employees tested?

• The short answer is for the safety of the traveling public, co-workers and yourself.

• The longer answer is that the United States Congress recognized the need for a drug & alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT Agencies to implement drug & alcohol testing of safety-sensitive transportation employees

BALTIA AIR LINES Commitment to Employees

“BALTIA AIR LINES must establish a work environment where its Employees are

free from the effects of drugs and alcohol”

• There are three good reasons why you should be concerned if any of your co-workers are using drugs or alcohol in the workplace:

(1) Your health and safety may be at risk.

(2) Alcohol/drug misuse cost you money.

(3) Alcohol/drug misuse creates a negative work environment.

Compliance with Federal regulations Anti-Drug Information Alcohol Abuse/Misuse Information Baltia Screening Policies and Procedures Drug testing policy Requirements for drug testing Alcohol Misuse Prevention Program (AMPP) Alcohol testing of persons in safety-sensitive positions Circumstances requiring testing Refusal to submit to testing Testing Procedures Positive Result Procedures Employee Assistance Program (EAP)

Definitions you should know

• Confirmed Positive Breath Alcohol Test Result

• “DER”• “EBT”• “EMIT”• “GC/MS”• Medical Review Officer (“MRO”)• “Permanent Disqualification” • “Validity Testing”• “Verified Confirmed Positive Drug Test

Result”• “SAP”

COMPLIANCE WITH FEDERAL REGULATIONS

Anti-Drug/Alcohol Misuse Program

Compliance with Federal regulations

• Because Baltia is a commercial air carrier regulated by the FAA and the DOT, certain Company Employees are also subject to requirements of Baltia’s FAA/DOT Drug and Alcohol Policy.

ANTI-DRUG INFORMATIONAnti-Drug/Alcohol Misuse Program

What conduct is prohibited by the regulations?

You must not use or possess alcohol or any illicit drug while assigned to perform safety-sensitive functions or actually performing safety-sensitive functions.

You must not report for service, or remain on duty if you…

• Are under the influence or impaired by alcohol;

• Have a blood alcohol concentration .04 or greater; (with a blood alcohol concentration of .02 to .039, some regulations do not permit you to continue working until your next regularly scheduled duty period);

• Have used any illicit drug.

You must not use alcohol within four hours (8 hours for flight crew members and flight attendants) of reporting for service or after receiving notice to report.

You must not report for duty or remain on duty when using any controlled substance unless used pursuant to the instructions of an authorized medical practitioner.

You must not refuse to submit to any test for alcohol or controlled substances.

You must not refuse to submit to any test by adulterating or substituting your specimen.

Keep these in mind when preparing to report to work.

As a safety-sensitive employee…

Prohibited conduct

Prohibited conduct is defined by the FAA as:• A Employee may not perform safety-sensitive functions while

using alcohol;• A Employee may not perform safety-sensitive functions

Employee within four (4) hours after using alcohol, (eight (8) hours for flight crews and flight attendants);

• A Employee that has an alcohol concentration of .04 or greater.

• Refusal to submit to a required alcohol test;• The use of alcohol eight hours following an accident or until

tested (for Employees who are required to be tested).

FAA Consequences of Prohibited Conduct:

Covered Employees are prohibited from performing safety-sensitive functions if they have engaged in prohibited conduct under the FAA rule, or another DOT agency’s alcohol misuse rule (including refusal to submit to random, reasonable suspicion, post-accident, or follow-up testing).

SUBSTANCES FOR WHICH TESTING MAY BE CONDUCTED

ALCOHOL ABUSE/MISUSE INFORMATION

Anti-Drug/Alcohol Misuse Program

What is alcohol?

• Alcohol is a drug.

• The kind of alcohol in alcoholic beverages is ethyl alcohol

• Ethyl alcohol is properly classed as an anesthetic drug

Is alcohol a depressant or a stimulant?

• Alcohol is a depressant• The individual feels “stimulated”• Loss of judgment and self-control• Larger doses..more obvious effects• Ethyl alcohol can also be classified as a food• A heavy drinker may suffer from malnutrition

Effects of Alcohol use

• Tranquilizing• Stimulating• Loss of Self-control• Dull Sensations• Impair muscular coordination• Memory and Judgement

Factors that influence the effects of alcohol

• Speed of drinking• Body weight• Food in the stomach• Tolerance• Types of beverages

Can people become dependent on alcohol?

What is alcoholism and what does it mean to be an alcoholic?

• Alcoholism is a condition, which is characterized, among other things, by the drinker’s consistent inability to choose whether to drink at all, or to stop drinking when he or she has obviously had enough.

SIGNS OF ALCOHOL USE

SIGNS OF ALCOHOL USE Odor on the breath Intoxication Difficulty focusing; glazed

appearance of the eyes. Uncharacteristically passive

behavior; or combative and argumentative behavior.

Gradual deterioration in personal appearance and hygiene.

Gradual decline, especially in job performance.

Absenteeism (particularly at the beginning or end of the week).

Unexplained bruises and accidents.

Irritability Flushed skin (“ruddy”

complexion). Loss of memory When availability and

consumption of alcohol become the focus of social or professional activities.

Impaired interpersonal relationships (troubled marriages, unexplainable termination of deep relationships, alienation from close family members).

BALTIA SCREENING POLICIES AND PROCEDURES

Anti-Drug/Alcohol Misuse Program

• Baltia has implemented a drug and alcohol policy that complies with all applicable federal and state laws.

• Knowingly permitting another Employee to report for or carry on work while showing the signs and symptoms of substance abuse or misuse is counter productive to the safety and caring this policy is designed to support.

DRUG TESTING POLICYAnti-Drug/Alcohol Misuse Program

BALTIA POLICY

“We fully support the FAA regulations. Our policy is in full compliance with the FAA’s Anti-Drug and Alcohol Misuse Prevention Program. We expect full cooperation in both policy compliance and in educating your fellow Employees as to the risks of substance abuse”

“Our policy consists of requirements that apply to Department of Transportation (DOT)-covered Employees and applicants, outlined in governing regulations, including 49 CFR Part 40, and 14 CFR Part 120”

DRUG AND ALCOHOL PREVENTION POLICY

The following policy applies to Baltia dispatchers and crewmembers:

No person may act as a Dispatcher or Crewmember under the following conditions: • Within twelve (12) hours after the consumption of any alcoholic

beverage.• Uses or possesses any illegal or prohibited drug.• Refuses any alcohol or drug test required by regulations, or has

a verified positive test result.• Knowingly permits another crewmember or dispatcher to

perform duty while under the influence of alcohol or drugs.

DRUG AND ALCOHOL PREVENTION POLICY (Continued)

• Consumes alcohol within eight (8) hours following an accident or incident in which he or she performed a safety sensitive function.

• While under the influence of alcohol (defined as 0.02 percent by weight in the blood, or above, by the DOT/ FAA mandated Drug & Alcohol Program). Baltia’s goal for pilots, stewards, and dispatchers is 0.00 percent by weight of alcohol in the blood.

• While under the influence of any drug that affects their abilities in any way contrary to safety.

• All prescription or over-the-counter medications that inhibit job functions will be reported to the Chief Pilot, the Director of Operations Control, or the Director of Fight Operations as appropriate.

49 CFR Part 40

PROCEDURES FOR TRANSPORTATION WORKPLACE

DRUG AND ALCOHOL TESTING PROGRAMS

Subpart A - Administrative Provisions

§ 40.1 Who does this regulation cover?

(a) This part tells all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use.

(b) This part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents.

(c) Nothing in this part is intended to supersede or conflict with the implementation of the Federal Railroad Administration's post-accident testing program (see 49 CFR 219.200).

14 CFR PART 120—DRUG AND ALCOHOL TESTING PROGRAM

120.1   Applicability.This part applies to the following persons:

(a)All air carriers and operators certificated under part 119 of this chapter authorized to conduct operations under part 121 or part 135 of this chapter, all air traffic control facilities not operated by the FAA or by or under contract to the U.S. military; and all operators as defined in 14 CFR 91.147.

(b)All individuals who perform, either directly or by contract, a safety-sensitive function listed in subpart E or subpart F of this part

14 CFR PART 120—DRUG AND ALCOHOL TESTING PROGRAM

120.3   Purpose.

• The purpose of this part is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive functions in aviation.

ALCOHOL MISUSE PREVENTION PROGRAM (AMPP)

Anti-Drug/Alcohol Misuse Program

A449 . Antidrug and Alcohol Misuse Prevention Program

• The certificate holder who operates under Title 14 Code of Federal Regulations (CFR) Part 121 certifies that it will comply with the requirements of 14 CFR Part 120 and 49 CFR Part 40 for its Antidrug and Alcohol Misuse Prevention Program.

Ops Spec A.449 Limitations and Provisions

• (1) Antidrug and Alcohol Misuse Prevention Program inspections and enforcement activity will be conducted exclusively by the Drug Abatement Division. All questions regarding this program should be directed to the Drug Abatement Division.

• (2) The certificate holder must implement its Antidrug and Alcohol Misuse Prevention Programs fully in accordance with 14 CFR Part 120 and 49 CFR Part 40.

• (3) The certificate holder is responsible for ensuring that its contractors who perform safety-sensitive work for the certificate holder are subject to Antidrug and Alcohol Misuse Prevention Programs.

• (4) The certificate holder is responsible for updating this operations specification when any changes occur in the location or phone number where the Antidrug and Alcohol Misuse Prevention Records are kept (as listed in Table 1 above).

FAA Drug Abatement Division (AAM-800)

• Is the principal agency element responsible for the development, implementation, administration, and compliance monitoring of the aviation industry drug and alcohol testing programs as set forth in the Department of Transportation (DOT) and Federal Aviation Administration (FAA) regulations, 49 CFR part 40 and 14 CFR part 120. The regulations require all part 119 certificate holders authorized to operate under parts 121 and 135, air tour operators (as defined in § 91.147) and air traffic control facilities not operated by FAA or under contract to the U.S. Military to implement drug and alcohol testing programs.

DOTOffice of Drug & Alcohol Policy & Compliance website

ALCOHOL TESTING OF PERSONS IN SAFETY-SENSITIVE POSITIONS

Anti-Drug/Alcohol Misuse Program

Alcohol Testing

Alcohol testing rules require the use of evidential breath testing (EBT) devices, also known as breathalyzers. Two breath tests are required to determine if a person has a prohibited alcohol concentration.

• A screening test is administered first.• Any result less than 0.02 alcohol concentration is

considered a negative test. • If the alcohol concentration is 0.02 or greater, a

second confirmation test must be conducted using an EBT that prints the results, date, time, sequential test number, and the brand and serial number of the EBT to ensure reliability of the results.

• The confirmation test results determine any actions taken.

CIRCUMSTANCES REQUIRING TESTING

Anti-Drug/Alcohol Misuse Program

TESTING OCCASIONS

• Pre-Employment• Random Testing• Reasonable Cause/Suspicion

Testing• Post-Accident DOT Testing• Post-Accident Drug Testing• Post-Accident Alcohol

Testing• Return to Duty Testing• Follow-up Testing

Reasonable Cause/Suspicion Testing

Reasonable Cause drug testing occurs when at least two management Employees, one of whom is trained in detecting the indicators of drug use, substantiates and concurs in the decision that reasonable cause exists to test a Employee.

Reasonable Suspicion alcohol testing occurs when at least one management Employee that is trained in detecting the indicators of alcohol use, substantiates that Reasonable Suspicion exists to test a Employee.

Post-Accident DOT Testing

• Alcohol and drug testing will occur as soon as possible after any “aircraft accident”. The testing will apply to all safety-sensitive Employees, whose performance may have been a contributing factor to an accident.

Return to Duty Testing

• Before a Employee, who has completed a Company approved rehabilitation program, returns to duty in a safety-sensitive position after engaging in prohibited conduct, a return to duty test must be conducted.

Follow-up Testing

• Before a Employee, who has been identified by a Company approved Substance Abuse Professional (SAP) or Medical Review Officer (MRO), whichever is applicable, as needing assistance in resolving a problem with drug use or alcohol misuse and who has returned to duty performing a safety-sensitive function will be subject to follow-up testing.

REFUSAL TO SUBMIT TO TESTING

Anti-Drug/Alcohol Misuse Program

FAA Prohibited Conduct:Prohibited conduct is defined by the FAA as:• A Employee may not perform safety-sensitive functions while using

alcohol;• A Employee may not perform safety-sensitive functions Employee

within four (4) hours after using alcohol, (eight (8) hours for flight crews and flight attendants);

• A Employee that has an alcohol concentration of .04 or greater.• Refusal to submit to a required alcohol test;• The use of alcohol eight hours following an accident or until tested

(for Employees who are required to be tested).

FAA Consequences of Prohibited Conduct:

• Covered Employees are prohibited from performing safety-sensitive functions if they have engaged in prohibited conduct under the FAA rule, or another DOT agency’s alcohol misuse rule

(including refusal to submit to random, reasonable suspicion, post-accident, or follow-up testing).

Refusal to Submit: (as defined by 49 CFR Part 40)

• Failing to appear for any test within a reasonable time, after being directed to do so by the employer. (When a Employee is selected for testing other than Pre-Employment, they must cease performing the function and proceed immediately to the collection site. The time between notification and testing may be no more than the requisite travel time required to reach the site.);

• Failing to remain at the testing site until the testing process is complete;

• Failing to provide a urine specimen for any drug test;• Failing to provide a sufficient amount of urine when directed, and it

has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;

Refusal to Submit: as defined by 49 CFR Part 40 (CONTINUED)

• Failing or declining to take a second test the employer or Collector has directed you to take;

• Failing to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER (Designated Employer Representative) as part of the “shy bladder” procedures under CFR Part 40, or Corporate Policy;

• Failing to cooperate with any part of the testing process (ex. refusing to empty pockets, behave in a confrontational way that disrupts or delays the collection process);

• Receiving a verified, by the MRO, adulterated or substituted result;• Failing to submit to a second test after the first one was a diluted

specimen

TESTING PROCEDURESAnti-Drug/Alcohol Misuse Program

DRUG TESTING

(1) The Employee must proceed directly to the testing facility to test as scheduled or directed without delay.

(2) The Employee must remain at the collection site cooperatively participating

(3) A urine sample will first be subject to EMIT screening

(4) All urine collections will be split specimen(5) A collection under direct observation will be

required (6) If a positive result occurs on the EMIT screen, a

GC/MS process will be used for confirmation

DRUG TESTING

(7) If the original urine sample tests positive, the Employee may request the testing of the split sample.

(8) If a confirmed positive drug test result occurs, the MRO will:

Review and Interpret

Notify the Employee

Breath Alcohol

• EBT SCREENING

• RESULTS OF .02 OR GREATER

• AIRMAN REFUSAL TO SUBMIT

• RESULTS OF .04 OR GREATER

POSITIVE RESULT PROCEDURES

Anti-Drug/Alcohol Misuse Program

DOT/FAA Consequences of Having One Positive Verified Drug Test:

• If a Employee is determined to have one verified positive drug test result, he/she will be immediately removed from performing the safety-sensitive function.

FAA Consequences of Having an Alcohol Concentration of 0.02

or greater, but less than 0.04:

• If a covered Employee is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, that Employee will be immediately removed from the performance of safety sensitive-related functions until the Employee’s next regularly scheduled duty period, but not less than eight (8) hours, or the Employee has been re-tested and has achieved results of an alcohol concentration of less than 0.02.

FAA Permanent Bar

Employees covered by this policy will be permanently barred/disqualified from their positions after any of the following:

• On-duty use of drugs or alcohol;• Two (2) verified confirmed positive drug tests;• Two (2) confirmed positive alcohol test results at a level of 0.04

or greater;• Two (2) instances of pre-duty use in violation of FAA

regulations; or• Two (2) instances of refusal to submit to FAA required drug or

alcohol testing.

EMPLOYEE ASSISTANCE PROGRAM (EAP)

Anti-Drug/Alcohol Misuse Program

REHABILITATION SUBSTANCE ABUSE ASSISTANCE PROGRAMS

Community Assistance Programs

Company Approved Substance Abuse Program

Anti-Drug & Alcohol Program Manager

Baltia Commitment

VOLUNTARY DISCLOSURE

• Once the Employee has come forward for assistance, all communication will take place between the Drug Program Manager, the Employee, and any treatment program caregivers with direct involvement in the Employees’ program

Who is eligible?

• All Employees who come forward for assistance

What are the Program Guidelines?

• Employee must come forward for assistance

• Employee must enter the Baltia approved program within fourteen (14) days.

• Return To Duty test

• One-Time Protection

Is there job security?

Any Employee who comes forward and requests help will not have their job security jeopardized if the following takes place:

• Participates in a program approved by Baltia.

• He/she successfully completes the program, AND

• The employee is able to return to work and maintain the required standards of behavior, work performance, and minimum job requirements.

BE AWARE:

• If the Employee is notified that he/she is to be tested and prior to such testing notifies the Company that he/she has an alcohol and/or substance abuse problem and the results of testing constitute a violation under this policy, the Employee is NOT shielded from the disciplinary action set forth in section 10, Hiring and Disciplinary Action of this policy