Post on 31-Mar-2018
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DRUG TESTING SAFETY SENSITIVE POSITIONS and OTHER
CONSIDERATIONS
Presented by:
Julia Gannaway LYNN, ROSS & GANNAWAY, LLP
817.332.8512 GANNAWAY@LABORCOUNSEL.NET
Avoid employing/hiring illegal drug users, decrease likelihood of impaired employees in workplace and deterrence
Permissible under Texas Labor Code §21.120
Cities must adopt a written policy before drug testing any employee
Policy should be approved by your city attorney
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PUBLIC EMPLOYERS
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Drug tests are a “search” under 4th Amendment
– Must balance individual’s right against the
government employer’s legitimate interest in
maintaining a drug-free workplace
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PUBLIC EMPLOYERS
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Permissible drug testing
Random/suspicionless
Post-Accident
Reasonable suspicion
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PUBLIC EMPLOYERS
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“Strict scrutiny” means that the government employer must have a “compelling reason” to conduct the drug tests on a random/suspicionless basis
Must be able articulate the compelling reason
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Random/Suspicionless- Strictest Scrutiny
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“Special Need” and/or “Safety-Sensitive”/ “Security-Sensitive”
Skinner v. Railway Labor Executives ' Ass 'n, 489 U.S. 602, 618 (1989)
Nat 'l Treas. Emps. Union v. Von Raab, 489 U.S. 656 (1989)
Employers must carefully analyze each position that is being drug tested to determine if it is “safety-sensitive” before continuing to randomly drug test employees
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Random/Suspicionless testing only permitted when:
©Lynn, Ross & Gannaway, LLP 2017
Skinner: "fraught with such risks of injury to others that even a momentary lapse of attention [could] have disastrous consequences."
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What is “Safety-Sensitive”?
©Lynn, Ross & Gannaway, LLP 2017
“a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry firearms, perform life threatening procedures, work with confidential information or documents pertaining to criminal investigations, or confidential juvenile information, or work with controlled substances; a position in which a drug impairment constitutes an immediate and direct threat to the employee’s health or safety; a position in which the employee is responsible for the well-being of another; or a position in which a momentary lapse in attention could result in injury or death to another person.”
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Safety-Sensitive:
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Safety sensitive position is a job or position where the employee holding this position has the responsibility for his/her own safety or other people's safety. It would be particularly dangerous if such an employee is using drugs or alcohol while on job. An employee has to be with clear mind and diligent while occupying such positions.
USLEGAL.COM
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Lifeguard?
Recreation Superintendent?
Building Official?
Parks/Groundskeepers?
Meter Reader?
Special events coordinator?
Senior Center Supervisor?
IT Director?
Library?
©Lynn, Ross & Gannaway, LLP 2017
WHO ELSE?
What if… Driving a City vehicle?
Working in a highly regulated area?
What if an employee is aware/expects he/she could be tested?
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Random/Suspicionless Testing
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List of Occupations Designated as High-Risk or Safety-Sensitive by The Labor
Commissioner Of
The State Of Connecticut
©Lynn, Ross & Gannaway, LLP 2017
The following is a list of occupations designated as high risk or safety sensitive by the Labor Commissioner as a result of specific request received on behalf of individual employers. This list may serve only as a guide for the Commissioner in future investigations and determinations made pursuant to the regulations. Employers may institute random urinalysis drug testing only after their individual request has received written
approval from the Commissioner.
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HIGH-RISK OCCUPATIONS Advanced Climber/Trimmer-Trainee (Power Line Clearance) Advanced Life Support Technicians Aerial Construction Supervisor Air Pollution Engineer Aircraft Mechanic Airframe and Powerplant Technician Assembler/Packager (Pharmaceutical Manufacturing) Assembly Technician (Power Generation Plant) Assistant Plant Operator (Power Generations) Assistant Utility Operator (Plant Generations) Avionics Technician Back Piler Operator (Terminal Operations) Beta Field Engineer Blender Blasters Boilermaker (Elevated Construction) Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction) Branch Managers (Compressed Gas) Bricklayers (Bridge, Tunnel and Elevated Highway Construction) Bulldozer Operator (Terminal Operations) Bus Driver Bus Monitor/Aide Camp Counselors (First Aid/CPR Certified) Carpenters (Elevated Concrete Form Work) Carpenter (Elevated Construction) Carpenters and Joiners (Bridge, Tunnel and Elevated Highway Construction) Carriers (Terminal Operations) Caulking Specialist (High-Rise/Elevated) Chauffer Checker (Terminal Operations) Chemical Compounding Manager/Supervisor/Personnel (Pharmaceutical Manufacturing) Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing) Chemical Operator (Hazardous Materials) Chemical Processors (Surgical Sponge Manufacturing) Chemist (Hazardous Waste Materials) Chemist/Hazardous Waste Handler/Manager Chief Chemist (Pharmaceutical Manufacturing) Climber/Trimmer-Trainee (Power Line Clearance) Clinical Assistant Clinicians (Social Workers, Therapists, and Psychologists) Coax Splicer Compressed Gas Delivery Personnel Construction Engineer (Elevated Construction) Construction Splicer (Television Cable) Consultant Pharmacist Container Management Worker (Hazardous Waste Materials) Corporate Industrial Hygienist (Chemical/Mining Facilities) Corporate Security Personnel (Executive Protection) Counseling Assistant Crane Operator Crane Operator (Power Generations) Crane Operator (Prestress concrete) Crew Chief (Armored Car) Crew Leader (Power Line Clearance) Cryogenic Repair/Installation Associates Cylinder Shot Blasting Operators Deburrer Director, Environmental Health & Safety (Power Generations) Director of Field Services (Power Generation Plant) Director of IV Services Director of Operations (EMS) Director of Operations (Power Generation Plant) Director of Safety & Compliance (Power Generation Plant) Dispatcher (Ambulance & Handicapped Services Vehicle) Dispatcher (Petroleum Products) Dispatcher/Forklift Operator (Prestress Concrete) Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid) Distillation Chemists District Field Operations Supervisor (Explosives) Divers (Bridge, Tunnel and Elevated Highway Construction) Diving Tenders (Bridge, Tunnel and Elevated Highway Construction) Dock/Yardworker (Petroleum Products) Driller/Explosives Handler Driller/Explosives Technician Driver/Explosives Handler Driver/Guard (Armored Car) Drivers of School Buses and/or Student Transportation Vehicles Drop Swapper (Television Cable) Drum Laborer E & I Technician (Power Generations) Electrician (Elevated Construction) Electronics Service Technician Emergency Medical Technician Emergency Medical Technician Intermediate (EMT-I) Emission Measurements Technician Engineer (Hazardous Waste Site) Environmental Scientist (Hazardous Waste/Petroleum Products) Equipment/Forklift Operators Executive Chauffeur Executive Director (EMS) Expediter Facility Maintenance Team Member Facility Safety Specialist Fiber Optic Observer Fiber Splicer Field Engineer (Elevated Construction) Field Laborer (Power Generation Plant) Field Logistics Manager (Power Generation Plant) Field Operations Manager (Explosives) Field Project Supervisor (Power Generation Plant) Field Service Representative (Fuel Station Monitoring) Field Technician (Hazardous Waste/Petroleum Products) Field Technician (Hazardous Waste Site) Field Test Engineers (Off-Shore Drilling) Field Welder (Power Generation Plant) Filling Manager/Supervisor (Pharmaceutical Manufacturing) Finisher (Prestress Concrete) Fireplace Installer Fire Sprinkler Technician (Elevated Construction) Flagman Fleet Engineer (EMS) Flight Attendant Flight Officer Floaters (Surgical Sponge Manufacturing) Foreman Forklift Operator Forklift Operator (Terminal Operations) Forklift Operator (Hazardous Materials) FPI/X-ray Furnace Operator Garage Mechanics (Terminal Operations) Gemko/PK Operator General Laborer (Terminal Operations) General Maintenance Personnel General Warehouse Groundperson (Power Line Clearance) Group Leaders (Surgical Sponge Manufacturing) Guard/Fireman Gutter Installer HVAC Service Technician Handlers and Users of Radioactive Sources Hardware Technician Health & Safety Officer (Hazardous Waste Site) Heavy Equipment Operators (Elevated Construction) Hold Operator of Forklift (Terminal Operations) Hydrogeologist (Hazardous Waste Site) Hydro Test Operator Inspector Inspector (Crane) Inspector (Elevated Construction) Inspectors (Surgical Sponge Manufacturing) Installation Representative/Manager (Fuel Station Monitoring) Installation/Repair Technician (Television Cable) Installer (Television Cable) Insulation Installer Insulator Insulator (Elevated Construction) Inventory Assistant Team Leader Inventory Control Team Leader Inventory Control Team Member Iron Workers (Bridge, Tunnel and Elevated Construction) Ironworker (Rebar & Structural) IV Nurse IV Pharmacist IV Pharmacy Technician Lab Manager Lab Manager (Pharmaceutical Manufacturing) Lab Technicians Laboratory Director (Hazardous Waste Materials) Laborer (Power Generations) Laborer (Power Line Clearance) Laborer (Road Crack and Joint Repair) Laborers (Bridge, Tunnel and Elevated Highway Construction) Laborers (Elevated Concrete Form Work) Lathe Operators Lead Assembly Technician (Power Generation Plant) Lead Installation/Line Technician (Television Cable) Lead Laborer (Power Generations) Lead Technician (Fuel Station Monitoring) Leadman (Prestress Concrete) Leakage Technician (Television Cable) Licensed Operator (Waste Water Treatment Plant) Licensed Practical Nurses Light Duty Wrecker Operator Limousine Driver Lineman Line Technician (Television Cable) Loader/Unloader Location Manager (Petroleum or Petrochemical Laboratory) Longshoreman (Terminal Operations) Machine Operators (Surgical Sponge Manufacturing) Machine Setup Mechanic (Plastic Products Manufacturing) Machinist (Pharmaceutical Manufacturing) Machinist (Plastic Products Manufacturing) Maintaining revenue service vehicles or equipment used in revenue service Maintenance Electrician/Steamfitter Maintenance Electrician/Steamfitter (Elevated Construction) Maintenance Manager (Power Generations) Maintenance Mechanic Helpers (Terminal Operations) Maintenance Mechanic Maintenance Mechanics (Terminal Operations) Maintenance Mechanics, Lead 1st & 2nd class (Power Generations) Maintenance Person/Forklift Operator (Prestress Concrete) Maintenance Personnel (Pharmaceutical Manufacturing) Maintenance Supervisor Maintenance Supervisor (Power Generations) Maintenance Worker (Hazardous Waste Materials) Manager, Technical & Field Service (Fuel Station Monitoring) Marine Terminal Operator (Petroleum Products) Masons (Elevated Concrete Form Work) Material Handler Material Handler (Pharmaceutical Manufacturing) Material Handler/Forklift Operator (Plastic Products Manufacturing) Mechanic Mechanics (Heating, Elevated Construction) Mechanics (Placarded Vehicles Carrying Hazardous Materials) Mechanics (School Buses and/or Student Transportation Vehicles) Milling Machinists Millwright Millwright (Elevated Construction) Mobile Equipment Operator (Power Generations) Operating Engineer Operating Engineers (Bridge, Tunnel and Elevated Highway Construction) Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts) Operation of a revenue service vehicle, whether or not such vehicle is in revenue service. Operations Manager (Armored Car) Operations Manager (EMS) Operations Manager (Power Generations) Operations Superintendent (Power Generations) Operations Technician (Fuel Station Monitoring) Operator of Medi-Van Operators of Handicapped Services Vehicles Overhead Crane Operator (10 ton and over) Packagers (Surgical Sponge Manufacturing) Packer/Forklift Operator (Plastic Products Manufacturing) Painters (Elevated Construction) Painters (Elevated Structure) Pallet Jack Operator Paramedic Payload Operator (Terminal Operations) Petroleum/Chemical Inspector Petroleum or Petrochemical Laboratory Manager Pharmaceutical Clinical Quality Assurance Rep Pharmaceutical Data Entry Technician/Supervisor Pharmaceutical Medical Records Technician Pharmaceutical Picking/Packaging/Manager/Supevisor Pharmaceutical Picking Technician Pharmaceutical Production Manager Pharmaceutical Purchasing Staff/Manager Pharmaceutical Returns/Pyxis Technician Pharmacist Pharmacy Technician Physicians Physician Assistants Pick Up Gear (Terminal Operations) Pile Drivers (Bridge, Tunnel and Elevated Highway Construction) Pilot Pipefitter Plant Associates (Compressed Gas) Plant Foreman (Petroleum Products) Plantman (Petroleum Products) Plant Manager Plant Manager (Compressed Gas) Plant Manager (Petroleum Products) Plant Manager (Power Generations) Plant Operator (Petroleum Products) Plant Operator (Power Generations) Plant Superintendent (Petroleum Products) Plant Supervisor (Petroleum Products) Plant Technician Plasma Sprayer Plater Plumbers/Pipefitters (Elevated Construction) Pre-Wire (Television Cable) Processing Supervisor (Hazardous Waste Materials) Production Chemists Production Supervisors/Managers Project Engineer (Power Generation Plant) Project Manager (Elevated Construction) Propane Service Technician Pumpers Quality Assurance Manager (Pharmaceutical Manufacturing) Quality Control Chemists Quality Control Inspector (Aircraft) Quality Control Inspector (Prestress Concrete) Quality Control Lab Technician (Prestress Concrete) Quality Control-Laboratory (Pharmaceutical Manufacturing) Quality Control-Production Inspector (Pharmaceutical Manufacturing) Quality Control Supervisor Quality Control Team Member/Produce Inspector Quality Monitors (Surgical Sponge Manufacturing) Registered Nurse/Nurse Practitioner Registered Nurses Remedial Service, Technician (Hazardous Waste Materials) Repair Personnel of Ambulance and Handicapped Services Vehicles Research & Development Chemist Residential House Parent Riggers of Containment Cables Safety Manager (Elevated Construction) Safety Officer (Armored Car) Sanitation Assistant Team Leader Sanitation Team Leader Sanitation Team Member Sailing Instructor Sales Representative/Demonstrator (Heavy Equipment) Sales Representative (Crane) Security Guard/Safety Selector/Forklift Operator Senior Projects Manager (Fuel Station Monitoring) Senior Technician (Television Cable) Service Manager (Cranes) Service Technician (Cranes) Service Technician (Industrial Chimney/Air Duct and Boiler Systems) Service Technician (Television Cable) Set-up/Filling (Pharmaceutical Manufacturing) Shift Supervisor (Power Generations) Shipper/Warehouseman/Yardman Shipping Receiving (Pharmaceutical Manufacturing) Shop Laborer (Power Generation Plant) Shore Crane Operator (Terminal Operations) Shuttle Driver Signalman (Terminal Operations) Site Clean-up Crews (Hazardous Waste) Sorters Sprinkler Apprentice Sprinkler Mechanic Staff Scientist (Hazardous Waste Site) Stripper (Chemical) Supervisor (Ambulance & Handicapped Services Vehicle) Supervisor (Prestress concrete) Supervisor of Professional Services (EMS) Tallying Employees (Terminal Operations) Teacher Teacher Aide Teamsters Technical/Marketing Representative (Explosives) Terminal Foreman (Petroleum Products) Terminal Supervisor (Petroleum Products) Thermal Sprayers/Gritblasters (Metalizing Operations) Toolmaker Top Climber/Top Trimmer (Power Line Clearance) Traffic Manager (Pharmaceutical Manufacturing) Trainer/Forklift Transfer Station Operator (Power Generations) Truck Driver (Hazardous Waste Materials) Truck Driver (LP Gas, Gasoline, Combustible Fuel) Truck Driver (Petroleum Products) Truck Driver (Road Crack and Joint Repair) Truck Drivers (Bridge, Tunnel and Elevated Highway Construction) Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction) Truck Loaders Truckloading Dock Operator of Forklift (Terminal Operations) Underground Construction Supervisor Underground Utility Locate Technician Utility Man Utility Operator (Power Generations) VTL Machinist Van Driver (Revenue Service) Vanlube/Bridge Operator Vault Personnel (Armed) Warehouse Maintenance & Utility Persons (Hazardous Materials) Warehouse/Shipping Clerks Wastewater Treatment Manager Wastewater Treatment Operator Waterproofing Installer Welder/Fabricators Welder (Elevated Construction) Welder (Prestress Concrete) Weld Manager (Elevated Construction) Wheel Chair Van Driver Winch Operator (Terminal Operations) Window Installer Working Foreman (Hazardous Materials) Yard Laborer Yardman (Hazardous Waste Materials)
HIGH-RISK OCCUPATIONS
Advanced Climber/Trimmer-Trainee (Power Line Clearance)
Advanced Life Support Technicians
Aerial Construction Supervisor
Air Pollution Engineer
Aircraft Mechanic
Airframe and Powerplant Technician
Assembler/Packager (Pharmaceutical Manufacturing)
Assembly Technician (Power Generation Plant)
Assistant Plant Operator (Power Generations)
Assistant Utility Operator (Plant Generations)
Avionics Technician
Back Piler Operator (Terminal Operations)
Beta Field Engineer
Blender
Blasters
Boilermaker (Elevated Construction)
Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction)
Branch Managers (Compressed Gas)
Bricklayers (Bridge, Tunnel and Elevated Highway Construction)
Bulldozer Operator (Terminal Operations)
Bus Driver
Bus Monitor/Aide
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HIGH-RISK OCCUPATIONS Advanced Climber/Trimmer-Trainee (Power Line Clearance) Advanced Life Support Technicians Aerial Construction Supervisor Air Pollution Engineer Aircraft Mechanic Airframe and Powerplant Technician Assembler/Packager (Pharmaceutical Manufacturing) Assembly Technician (Power Generation Plant) Assistant Plant Operator (Power Generations) Assistant Utility Operator (Plant Generations) Avionics Technician Back Piler Operator (Terminal Operations) Beta Field Engineer Blender Blasters Boilermaker (Elevated Construction) Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction) Branch Managers (Compressed Gas) Bricklayers (Bridge, Tunnel and Elevated Highway Construction) Bulldozer Operator (Terminal Operations) Bus Driver Bus Monitor/Aide Camp Counselors (First Aid/CPR Certified) Carpenters (Elevated Concrete Form Work) Carpenter (Elevated Construction) Carpenters and Joiners (Bridge, Tunnel and Elevated Highway Construction) Carriers (Terminal Operations) Caulking Specialist (High-Rise/Elevated) Chauffer Checker (Terminal Operations) Chemical Compounding Manager/Supervisor/Personnel (Pharmaceutical Manufacturing) Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing) Chemical Operator (Hazardous Materials) Chemical Processors (Surgical Sponge Manufacturing) Chemist (Hazardous Waste Materials) Chemist/Hazardous Waste Handler/Manager Chief Chemist (Pharmaceutical Manufacturing) Climber/Trimmer-Trainee (Power Line Clearance) Clinical Assistant Clinicians (Social Workers, Therapists, and Psychologists) Coax Splicer Compressed Gas Delivery Personnel Construction Engineer (Elevated Construction) Construction Splicer (Television Cable) Consultant Pharmacist Container Management Worker (Hazardous Waste Materials) Corporate Industrial Hygienist (Chemical/Mining Facilities) Corporate Security Personnel (Executive Protection) Counseling Assistant Crane Operator Crane Operator (Power Generations) Crane Operator (Prestress concrete) Crew Chief (Armored Car) Crew Leader (Power Line Clearance) Cryogenic Repair/Installation Associates Cylinder Shot Blasting Operators Deburrer Director, Environmental Health & Safety (Power Generations) Director of Field Services (Power Generation Plant) Director of IV Services Director of Operations (EMS) Director of Operations (Power Generation Plant) Director of Safety & Compliance (Power Generation Plant) Dispatcher (Ambulance & Handicapped Services Vehicle) Dispatcher (Petroleum Products) Dispatcher/Forklift Operator (Prestress Concrete) Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid) Distillation Chemists District Field Operations Supervisor (Explosives) Divers (Bridge, Tunnel and Elevated Highway Construction) Diving Tenders (Bridge, Tunnel and Elevated Highway Construction) Dock/Yardworker (Petroleum Products) Driller/Explosives Handler Driller/Explosives Technician Driver/Explosives Handler Driver/Guard (Armored Car) Drivers of School Buses and/or Student Transportation Vehicles Drop Swapper (Television Cable) Drum Laborer E & I Technician (Power Generations) Electrician (Elevated Construction) Electronics Service Technician Emergency Medical Technician Emergency Medical Technician Intermediate (EMT-I) Emission Measurements Technician Engineer (Hazardous Waste Site) Environmental Scientist (Hazardous Waste/Petroleum Products) Equipment/Forklift Operators Executive Chauffeur Executive Director (EMS) Expediter Facility Maintenance Team Member Facility Safety Specialist Fiber Optic Observer Fiber Splicer Field Engineer (Elevated Construction) Field Laborer (Power Generation Plant) Field Logistics Manager (Power Generation Plant) Field Operations Manager (Explosives) Field Project Supervisor (Power Generation Plant) Field Service Representative (Fuel Station Monitoring) Field Technician (Hazardous Waste/Petroleum Products) Field Technician (Hazardous Waste Site) Field Test Engineers (Off-Shore Drilling) Field Welder (Power Generation Plant) Filling Manager/Supervisor (Pharmaceutical Manufacturing) Finisher (Prestress Concrete) Fireplace Installer Fire Sprinkler Technician (Elevated Construction) Flagman Fleet Engineer (EMS) Flight Attendant Flight Officer Floaters (Surgical Sponge Manufacturing) Foreman Forklift Operator Forklift Operator (Terminal Operations) Forklift Operator (Hazardous Materials) FPI/X-ray Furnace Operator Garage Mechanics (Terminal Operations) Gemko/PK Operator General Laborer (Terminal Operations) General Maintenance Personnel General Warehouse Groundperson (Power Line Clearance) Group Leaders (Surgical Sponge Manufacturing) Guard/Fireman Gutter Installer HVAC Service Technician Handlers and Users of Radioactive Sources Hardware Technician Health & Safety Officer (Hazardous Waste Site) Heavy Equipment Operators (Elevated Construction) Hold Operator of Forklift (Terminal Operations) Hydrogeologist (Hazardous Waste Site) Hydro Test Operator Inspector Inspector (Crane) Inspector (Elevated Construction) Inspectors (Surgical Sponge Manufacturing) Installation Representative/Manager (Fuel Station Monitoring) Installation/Repair Technician (Television Cable) Installer (Television Cable) Insulation Installer Insulator Insulator (Elevated Construction) Inventory Assistant Team Leader Inventory Control Team Leader Inventory Control Team Member Iron Workers (Bridge, Tunnel and Elevated Construction) Ironworker (Rebar & Structural) IV Nurse IV Pharmacist IV Pharmacy Technician Lab Manager Lab Manager (Pharmaceutical Manufacturing) Lab Technicians Laboratory Director (Hazardous Waste Materials) Laborer (Power Generations) Laborer (Power Line Clearance) Laborer (Road Crack and Joint Repair) Laborers (Bridge, Tunnel and Elevated Highway Construction) Laborers (Elevated Concrete Form Work) Lathe Operators Lead Assembly Technician (Power Generation Plant) Lead Installation/Line Technician (Television Cable) Lead Laborer (Power Generations) Lead Technician (Fuel Station Monitoring) Leadman (Prestress Concrete) Leakage Technician (Television Cable) Licensed Operator (Waste Water Treatment Plant) Licensed Practical Nurses Light Duty Wrecker Operator Limousine Driver Lineman Line Technician (Television Cable) Loader/Unloader Location Manager (Petroleum or Petrochemical Laboratory) Longshoreman (Terminal Operations) Machine Operators (Surgical Sponge Manufacturing) Machine Setup Mechanic (Plastic Products Manufacturing) Machinist (Pharmaceutical Manufacturing) Machinist (Plastic Products Manufacturing) Maintaining revenue service vehicles or equipment used in revenue service Maintenance Electrician/Steamfitter Maintenance Electrician/Steamfitter (Elevated Construction) Maintenance Manager (Power Generations) Maintenance Mechanic Helpers (Terminal Operations) Maintenance Mechanic Maintenance Mechanics (Terminal Operations) Maintenance Mechanics, Lead 1st & 2nd class (Power Generations) Maintenance Person/Forklift Operator (Prestress Concrete) Maintenance Personnel (Pharmaceutical Manufacturing) Maintenance Supervisor Maintenance Supervisor (Power Generations) Maintenance Worker (Hazardous Waste Materials) Manager, Technical & Field Service (Fuel Station Monitoring) Marine Terminal Operator (Petroleum Products) Masons (Elevated Concrete Form Work) Material Handler Material Handler (Pharmaceutical Manufacturing) Material Handler/Forklift Operator (Plastic Products Manufacturing) Mechanic Mechanics (Heating, Elevated Construction) Mechanics (Placarded Vehicles Carrying Hazardous Materials) Mechanics (School Buses and/or Student Transportation Vehicles) Milling Machinists Millwright Millwright (Elevated Construction) Mobile Equipment Operator (Power Generations) Operating Engineer Operating Engineers (Bridge, Tunnel and Elevated Highway Construction) Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts) Operation of a revenue service vehicle, whether or not such vehicle is in revenue service. Operations Manager (Armored Car) Operations Manager (EMS) Operations Manager (Power Generations) Operations Superintendent (Power Generations) Operations Technician (Fuel Station Monitoring) Operator of Medi-Van Operators of Handicapped Services Vehicles Overhead Crane Operator (10 ton and over) Packagers (Surgical Sponge Manufacturing) Packer/Forklift Operator (Plastic Products Manufacturing) Painters (Elevated Construction) Painters (Elevated Structure) Pallet Jack Operator Paramedic Payload Operator (Terminal Operations) Petroleum/Chemical Inspector Petroleum or Petrochemical Laboratory Manager Pharmaceutical Clinical Quality Assurance Rep Pharmaceutical Data Entry Technician/Supervisor Pharmaceutical Medical Records Technician Pharmaceutical Picking/Packaging/Manager/Supevisor Pharmaceutical Picking Technician Pharmaceutical Production Manager Pharmaceutical Purchasing Staff/Manager Pharmaceutical Returns/Pyxis Technician Pharmacist Pharmacy Technician Physicians Physician Assistants Pick Up Gear (Terminal Operations) Pile Drivers (Bridge, Tunnel and Elevated Highway Construction) Pilot Pipefitter Plant Associates (Compressed Gas) Plant Foreman (Petroleum Products) Plantman (Petroleum Products) Plant Manager Plant Manager (Compressed Gas) Plant Manager (Petroleum Products) Plant Manager (Power Generations) Plant Operator (Petroleum Products) Plant Operator (Power Generations) Plant Superintendent (Petroleum Products) Plant Supervisor (Petroleum Products) Plant Technician Plasma Sprayer Plater Plumbers/Pipefitters (Elevated Construction) Pre-Wire (Television Cable) Processing Supervisor (Hazardous Waste Materials) Production Chemists Production Supervisors/Managers Project Engineer (Power Generation Plant) Project Manager (Elevated Construction) Propane Service Technician Pumpers Quality Assurance Manager (Pharmaceutical Manufacturing) Quality Control Chemists Quality Control Inspector (Aircraft) Quality Control Inspector (Prestress Concrete) Quality Control Lab Technician (Prestress Concrete) Quality Control-Laboratory (Pharmaceutical Manufacturing) Quality Control-Production Inspector (Pharmaceutical Manufacturing) Quality Control Supervisor Quality Control Team Member/Produce Inspector Quality Monitors (Surgical Sponge Manufacturing) Registered Nurse/Nurse Practitioner Registered Nurses Remedial Service, Technician (Hazardous Waste Materials) Repair Personnel of Ambulance and Handicapped Services Vehicles Research & Development Chemist Residential House Parent Riggers of Containment Cables Safety Manager (Elevated Construction) Safety Officer (Armored Car) Sanitation Assistant Team Leader Sanitation Team Leader Sanitation Team Member Sailing Instructor Sales Representative/Demonstrator (Heavy Equipment) Sales Representative (Crane) Security Guard/Safety Selector/Forklift Operator Senior Projects Manager (Fuel Station Monitoring) Senior Technician (Television Cable) Service Manager (Cranes) Service Technician (Cranes) Service Technician (Industrial Chimney/Air Duct and Boiler Systems) Service Technician (Television Cable) Set-up/Filling (Pharmaceutical Manufacturing) Shift Supervisor (Power Generations) Shipper/Warehouseman/Yardman Shipping Receiving (Pharmaceutical Manufacturing) Shop Laborer (Power Generation Plant) Shore Crane Operator (Terminal Operations) Shuttle Driver Signalman (Terminal Operations) Site Clean-up Crews (Hazardous Waste) Sorters Sprinkler Apprentice Sprinkler Mechanic Staff Scientist (Hazardous Waste Site) Stripper (Chemical) Supervisor (Ambulance & Handicapped Services Vehicle) Supervisor (Prestress concrete) Supervisor of Professional Services (EMS) Tallying Employees (Terminal Operations) Teacher Teacher Aide Teamsters Technical/Marketing Representative (Explosives) Terminal Foreman (Petroleum Products) Terminal Supervisor (Petroleum Products) Thermal Sprayers/Gritblasters (Metalizing Operations) Toolmaker Top Climber/Top Trimmer (Power Line Clearance) Traffic Manager (Pharmaceutical Manufacturing) Trainer/Forklift Transfer Station Operator (Power Generations) Truck Driver (Hazardous Waste Materials) Truck Driver (LP Gas, Gasoline, Combustible Fuel) Truck Driver (Petroleum Products) Truck Driver (Road Crack and Joint Repair) Truck Drivers (Bridge, Tunnel and Elevated Highway Construction) Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction) Truck Loaders Truckloading Dock Operator of Forklift (Terminal Operations) Underground Construction Supervisor Underground Utility Locate Technician Utility Man Utility Operator (Power Generations) VTL Machinist Van Driver (Revenue Service) Vanlube/Bridge Operator Vault Personnel (Armed) Warehouse Maintenance & Utility Persons (Hazardous Materials) Warehouse/Shipping Clerks Wastewater Treatment Manager Wastewater Treatment Operator Waterproofing Installer Welder/Fabricators Welder (Elevated Construction) Welder (Prestress Concrete) Weld Manager (Elevated Construction) Wheel Chair Van Driver Winch Operator (Terminal Operations) Window Installer Working Foreman (Hazardous Materials) Yard Laborer Yardman (Hazardous Waste Materials)
HIGH-RISK OCCUPATIONS
Camp Counselors (First Aid/CPR Certified) Carpenters (Elevated Concrete Form Work) Carpenter (Elevated Construction) Carpenters and Joiners (Bridge, Tunnel and
Elevated Highway Construction) Carriers (Terminal Operations) Caulking Specialist (High-Rise/Elevated) Chauffer Checker (Terminal Operations) Chemical Compounding
Manager/Supervisor/Personnel (Pharmaceutical Manufacturing)
Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing)
Chemical Operator (Hazardous Materials) Chemical Processors (Surgical Sponge
Manufacturing) Chemist (Hazardous Waste Materials) Chemist/Hazardous Waste Handler/Manager Chief Chemist (Pharmaceutical Manufacturing) Climber/Trimmer-Trainee
Clinical Assistant Clinicians (Social Workers, Therapists, and
Psychologists) Coax Splicer Compressed Gas Delivery Personnel Construction Engineer (Elevated Construction) Construction Splicer (Television Cable) Consultant Pharmacist Container Management Worker (Hazardous
Waste Materials) Corporate Industrial Hygienist
(Chemical/Mining Facilities) Corporate Security Personnel (Executive
Protection) Counseling Assistant Crane Operator Crane Operator (Power Generations) Crane Operator (Prestress concrete) Crew Chief (Armored Car) Crew Leader (Power Line Clearance) Cryogenic Repair/Installation Associates Cylinder Shot Blasting Operators
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HIGH-RISK OCCUPATIONS Advanced Climber/Trimmer-Trainee (Power Line Clearance) Advanced Life Support Technicians Aerial Construction Supervisor Air Pollution Engineer Aircraft Mechanic Airframe and Powerplant Technician Assembler/Packager (Pharmaceutical Manufacturing) Assembly Technician (Power Generation Plant) Assistant Plant Operator (Power Generations) Assistant Utility Operator (Plant Generations) Avionics Technician Back Piler Operator (Terminal Operations) Beta Field Engineer Blender Blasters Boilermaker (Elevated Construction) Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction) Branch Managers (Compressed Gas) Bricklayers (Bridge, Tunnel and Elevated Highway Construction) Bulldozer Operator (Terminal Operations) Bus Driver Bus Monitor/Aide Camp Counselors (First Aid/CPR Certified) Carpenters (Elevated Concrete Form Work) Carpenter (Elevated Construction) Carpenters and Joiners (Bridge, Tunnel and Elevated Highway Construction) Carriers (Terminal Operations) Caulking Specialist (High-Rise/Elevated) Chauffer Checker (Terminal Operations) Chemical Compounding Manager/Supervisor/Personnel (Pharmaceutical Manufacturing) Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing) Chemical Operator (Hazardous Materials) Chemical Processors (Surgical Sponge Manufacturing) Chemist (Hazardous Waste Materials) Chemist/Hazardous Waste Handler/Manager Chief Chemist (Pharmaceutical Manufacturing) Climber/Trimmer-Trainee (Power Line Clearance) Clinical Assistant Clinicians (Social Workers, Therapists, and Psychologists) Coax Splicer Compressed Gas Delivery Personnel Construction Engineer (Elevated Construction) Construction Splicer (Television Cable) Consultant Pharmacist Container Management Worker (Hazardous Waste Materials) Corporate Industrial Hygienist (Chemical/Mining Facilities) Corporate Security Personnel (Executive Protection) Counseling Assistant Crane Operator Crane Operator (Power Generations) Crane Operator (Prestress concrete) Crew Chief (Armored Car) Crew Leader (Power Line Clearance) Cryogenic Repair/Installation Associates Cylinder Shot Blasting Operators Deburrer Director, Environmental Health & Safety (Power Generations) Director of Field Services (Power Generation Plant) Director of IV Services Director of Operations (EMS) Director of Operations (Power Generation Plant) Director of Safety & Compliance (Power Generation Plant) Dispatcher (Ambulance & Handicapped Services Vehicle) Dispatcher (Petroleum Products) Dispatcher/Forklift Operator (Prestress Concrete) Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid) Distillation Chemists District Field Operations Supervisor (Explosives) Divers (Bridge, Tunnel and Elevated Highway Construction) Diving Tenders (Bridge, Tunnel and Elevated Highway Construction) Dock/Yardworker (Petroleum Products) Driller/Explosives Handler Driller/Explosives Technician Driver/Explosives Handler Driver/Guard (Armored Car) Drivers of School Buses and/or Student Transportation Vehicles Drop Swapper (Television Cable) Drum Laborer E & I Technician (Power Generations) Electrician (Elevated Construction) Electronics Service Technician Emergency Medical Technician Emergency Medical Technician Intermediate (EMT-I) Emission Measurements Technician Engineer (Hazardous Waste Site) Environmental Scientist (Hazardous Waste/Petroleum Products) Equipment/Forklift Operators Executive Chauffeur Executive Director (EMS) Expediter Facility Maintenance Team Member Facility Safety Specialist Fiber Optic Observer Fiber Splicer Field Engineer (Elevated Construction) Field Laborer (Power Generation Plant) Field Logistics Manager (Power Generation Plant) Field Operations Manager (Explosives) Field Project Supervisor (Power Generation Plant) Field Service Representative (Fuel Station Monitoring) Field Technician (Hazardous Waste/Petroleum Products) Field Technician (Hazardous Waste Site) Field Test Engineers (Off-Shore Drilling) Field Welder (Power Generation Plant) Filling Manager/Supervisor (Pharmaceutical Manufacturing) Finisher (Prestress Concrete) Fireplace Installer Fire Sprinkler Technician (Elevated Construction) Flagman Fleet Engineer (EMS) Flight Attendant Flight Officer Floaters (Surgical Sponge Manufacturing) Foreman Forklift Operator Forklift Operator (Terminal Operations) Forklift Operator (Hazardous Materials) FPI/X-ray Furnace Operator Garage Mechanics (Terminal Operations) Gemko/PK Operator General Laborer (Terminal Operations) General Maintenance Personnel General Warehouse Groundperson (Power Line Clearance) Group Leaders (Surgical Sponge Manufacturing) Guard/Fireman Gutter Installer HVAC Service Technician Handlers and Users of Radioactive Sources Hardware Technician Health & Safety Officer (Hazardous Waste Site) Heavy Equipment Operators (Elevated Construction) Hold Operator of Forklift (Terminal Operations) Hydrogeologist (Hazardous Waste Site) Hydro Test Operator Inspector Inspector (Crane) Inspector (Elevated Construction) Inspectors (Surgical Sponge Manufacturing) Installation Representative/Manager (Fuel Station Monitoring) Installation/Repair Technician (Television Cable) Installer (Television Cable) Insulation Installer Insulator Insulator (Elevated Construction) Inventory Assistant Team Leader Inventory Control Team Leader Inventory Control Team Member Iron Workers (Bridge, Tunnel and Elevated Construction) Ironworker (Rebar & Structural) IV Nurse IV Pharmacist IV Pharmacy Technician Lab Manager Lab Manager (Pharmaceutical Manufacturing) Lab Technicians Laboratory Director (Hazardous Waste Materials) Laborer (Power Generations) Laborer (Power Line Clearance) Laborer (Road Crack and Joint Repair) Laborers (Bridge, Tunnel and Elevated Highway Construction) Laborers (Elevated Concrete Form Work) Lathe Operators Lead Assembly Technician (Power Generation Plant) Lead Installation/Line Technician (Television Cable) Lead Laborer (Power Generations) Lead Technician (Fuel Station Monitoring) Leadman (Prestress Concrete) Leakage Technician (Television Cable) Licensed Operator (Waste Water Treatment Plant) Licensed Practical Nurses Light Duty Wrecker Operator Limousine Driver Lineman Line Technician (Television Cable) Loader/Unloader Location Manager (Petroleum or Petrochemical Laboratory) Longshoreman (Terminal Operations) Machine Operators (Surgical Sponge Manufacturing) Machine Setup Mechanic (Plastic Products Manufacturing) Machinist (Pharmaceutical Manufacturing) Machinist (Plastic Products Manufacturing) Maintaining revenue service vehicles or equipment used in revenue service Maintenance Electrician/Steamfitter Maintenance Electrician/Steamfitter (Elevated Construction) Maintenance Manager (Power Generations) Maintenance Mechanic Helpers (Terminal Operations) Maintenance Mechanic Maintenance Mechanics (Terminal Operations) Maintenance Mechanics, Lead 1st & 2nd class (Power Generations) Maintenance Person/Forklift Operator (Prestress Concrete) Maintenance Personnel (Pharmaceutical Manufacturing) Maintenance Supervisor Maintenance Supervisor (Power Generations) Maintenance Worker (Hazardous Waste Materials) Manager, Technical & Field Service (Fuel Station Monitoring) Marine Terminal Operator (Petroleum Products) Masons (Elevated Concrete Form Work) Material Handler Material Handler (Pharmaceutical Manufacturing) Material Handler/Forklift Operator (Plastic Products Manufacturing) Mechanic Mechanics (Heating, Elevated Construction) Mechanics (Placarded Vehicles Carrying Hazardous Materials) Mechanics (School Buses and/or Student Transportation Vehicles) Milling Machinists Millwright Millwright (Elevated Construction) Mobile Equipment Operator (Power Generations) Operating Engineer Operating Engineers (Bridge, Tunnel and Elevated Highway Construction) Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts) Operation of a revenue service vehicle, whether or not such vehicle is in revenue service. Operations Manager (Armored Car) Operations Manager (EMS) Operations Manager (Power Generations) Operations Superintendent (Power Generations) Operations Technician (Fuel Station Monitoring) Operator of Medi-Van Operators of Handicapped Services Vehicles Overhead Crane Operator (10 ton and over) Packagers (Surgical Sponge Manufacturing) Packer/Forklift Operator (Plastic Products Manufacturing) Painters (Elevated Construction) Painters (Elevated Structure) Pallet Jack Operator Paramedic Payload Operator (Terminal Operations) Petroleum/Chemical Inspector Petroleum or Petrochemical Laboratory Manager Pharmaceutical Clinical Quality Assurance Rep Pharmaceutical Data Entry Technician/Supervisor Pharmaceutical Medical Records Technician Pharmaceutical Picking/Packaging/Manager/Supevisor Pharmaceutical Picking Technician Pharmaceutical Production Manager Pharmaceutical Purchasing Staff/Manager Pharmaceutical Returns/Pyxis Technician Pharmacist Pharmacy Technician Physicians Physician Assistants Pick Up Gear (Terminal Operations) Pile Drivers (Bridge, Tunnel and Elevated Highway Construction) Pilot Pipefitter Plant Associates (Compressed Gas) Plant Foreman (Petroleum Products) Plantman (Petroleum Products) Plant Manager Plant Manager (Compressed Gas) Plant Manager (Petroleum Products) Plant Manager (Power Generations) Plant Operator (Petroleum Products) Plant Operator (Power Generations) Plant Superintendent (Petroleum Products) Plant Supervisor (Petroleum Products) Plant Technician Plasma Sprayer Plater Plumbers/Pipefitters (Elevated Construction) Pre-Wire (Television Cable) Processing Supervisor (Hazardous Waste Materials) Production Chemists Production Supervisors/Managers Project Engineer (Power Generation Plant) Project Manager (Elevated Construction) Propane Service Technician Pumpers Quality Assurance Manager (Pharmaceutical Manufacturing) Quality Control Chemists Quality Control Inspector (Aircraft) Quality Control Inspector (Prestress Concrete) Quality Control Lab Technician (Prestress Concrete) Quality Control-Laboratory (Pharmaceutical Manufacturing) Quality Control-Production Inspector (Pharmaceutical Manufacturing) Quality Control Supervisor Quality Control Team Member/Produce Inspector Quality Monitors (Surgical Sponge Manufacturing) Registered Nurse/Nurse Practitioner Registered Nurses Remedial Service, Technician (Hazardous Waste Materials) Repair Personnel of Ambulance and Handicapped Services Vehicles Research & Development Chemist Residential House Parent Riggers of Containment Cables Safety Manager (Elevated Construction) Safety Officer (Armored Car) Sanitation Assistant Team Leader Sanitation Team Leader Sanitation Team Member Sailing Instructor Sales Representative/Demonstrator (Heavy Equipment) Sales Representative (Crane) Security Guard/Safety Selector/Forklift Operator Senior Projects Manager (Fuel Station Monitoring) Senior Technician (Television Cable) Service Manager (Cranes) Service Technician (Cranes) Service Technician (Industrial Chimney/Air Duct and Boiler Systems) Service Technician (Television Cable) Set-up/Filling (Pharmaceutical Manufacturing) Shift Supervisor (Power Generations) Shipper/Warehouseman/Yardman Shipping Receiving (Pharmaceutical Manufacturing) Shop Laborer (Power Generation Plant) Shore Crane Operator (Terminal Operations) Shuttle Driver Signalman (Terminal Operations) Site Clean-up Crews (Hazardous Waste) Sorters Sprinkler Apprentice Sprinkler Mechanic Staff Scientist (Hazardous Waste Site) Stripper (Chemical) Supervisor (Ambulance & Handicapped Services Vehicle) Supervisor (Prestress concrete) Supervisor of Professional Services (EMS) Tallying Employees (Terminal Operations) Teacher Teacher Aide Teamsters Technical/Marketing Representative (Explosives) Terminal Foreman (Petroleum Products) Terminal Supervisor (Petroleum Products) Thermal Sprayers/Gritblasters (Metalizing Operations) Toolmaker Top Climber/Top Trimmer (Power Line Clearance) Traffic Manager (Pharmaceutical Manufacturing) Trainer/Forklift Transfer Station Operator (Power Generations) Truck Driver (Hazardous Waste Materials) Truck Driver (LP Gas, Gasoline, Combustible Fuel) Truck Driver (Petroleum Products) Truck Driver (Road Crack and Joint Repair) Truck Drivers (Bridge, Tunnel and Elevated Highway Construction) Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction) Truck Loaders Truckloading Dock Operator of Forklift (Terminal Operations) Underground Construction Supervisor Underground Utility Locate Technician Utility Man Utility Operator (Power Generations) VTL Machinist Van Driver (Revenue Service) Vanlube/Bridge Operator Vault Personnel (Armed) Warehouse Maintenance & Utility Persons (Hazardous Materials) Warehouse/Shipping Clerks Wastewater Treatment Manager Wastewater Treatment Operator Waterproofing Installer Welder/Fabricators Welder (Elevated Construction) Welder (Prestress Concrete) Weld Manager (Elevated Construction) Wheel Chair Van Driver Winch Operator (Terminal Operations) Window Installer Working Foreman (Hazardous Materials) Yard Laborer Yardman (Hazardous Waste Materials)
HIGH-RISK OCCUPATIONS
Deburrer
Director, Environmental Health & Safety (Power Generations)
Director of Field Services (Power Generation Plant)
Director of IV Services
Director of Operations (EMS)
Director of Operations (Power Generation Plant)
Director of Safety & Compliance (Power Generation Plant)
Dispatcher (Ambulance & Handicapped Services Vehicle)
Dispatcher (Petroleum Products)
Dispatcher/Forklift Operator (Prestress Concrete)
Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid)
Distillation Chemists
District Field Operations Supervisor (Explosives)
Divers (Bridge, Tunnel and Elevated Highway Construction)
Diving Tenders (Bridge, Tunnel and Elevated Highway Construction)
Dock/Yard worker (Petroleum Products)
Driller/Explosives Handler
Driller/Explosives Technician
Driver/Explosives Handler
Driver/Guard (Armored Car)
Drivers of School Buses and/or Student Transportation Vehicles
Drop Swapper (Television Cable)
Drum Laborer
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©Lynn, Ross & Gannaway, LLP 2017
HIGH-RISK OCCUPATIONS Advanced Climber/Trimmer-Trainee (Power Line Clearance) Advanced Life Support Technicians Aerial Construction Supervisor Air Pollution Engineer Aircraft Mechanic Airframe and Powerplant Technician Assembler/Packager (Pharmaceutical Manufacturing) Assembly Technician (Power Generation Plant) Assistant Plant Operator (Power Generations) Assistant Utility Operator (Plant Generations) Avionics Technician Back Piler Operator (Terminal Operations) Beta Field Engineer Blender Blasters Boilermaker (Elevated Construction) Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction) Branch Managers (Compressed Gas) Bricklayers (Bridge, Tunnel and Elevated Highway Construction) Bulldozer Operator (Terminal Operations) Bus Driver Bus Monitor/Aide Camp Counselors (First Aid/CPR Certified) Carpenters (Elevated Concrete Form Work) Carpenter (Elevated Construction) Carpenters and Joiners (Bridge, Tunnel and Elevated Highway Construction) Carriers (Terminal Operations) Caulking Specialist (High-Rise/Elevated) Chauffer Checker (Terminal Operations) Chemical Compounding Manager/Supervisor/Personnel (Pharmaceutical Manufacturing) Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing) Chemical Operator (Hazardous Materials) Chemical Processors (Surgical Sponge Manufacturing) Chemist (Hazardous Waste Materials) Chemist/Hazardous Waste Handler/Manager Chief Chemist (Pharmaceutical Manufacturing) Climber/Trimmer-Trainee (Power Line Clearance) Clinical Assistant Clinicians (Social Workers, Therapists, and Psychologists) Coax Splicer Compressed Gas Delivery Personnel Construction Engineer (Elevated Construction) Construction Splicer (Television Cable) Consultant Pharmacist Container Management Worker (Hazardous Waste Materials) Corporate Industrial Hygienist (Chemical/Mining Facilities) Corporate Security Personnel (Executive Protection) Counseling Assistant Crane Operator Crane Operator (Power Generations) Crane Operator (Prestress concrete) Crew Chief (Armored Car) Crew Leader (Power Line Clearance) Cryogenic Repair/Installation Associates Cylinder Shot Blasting Operators Deburrer Director, Environmental Health & Safety (Power Generations) Director of Field Services (Power Generation Plant) Director of IV Services Director of Operations (EMS) Director of Operations (Power Generation Plant) Director of Safety & Compliance (Power Generation Plant) Dispatcher (Ambulance & Handicapped Services Vehicle) Dispatcher (Petroleum Products) Dispatcher/Forklift Operator (Prestress Concrete) Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid) Distillation Chemists District Field Operations Supervisor (Explosives) Divers (Bridge, Tunnel and Elevated Highway Construction) Diving Tenders (Bridge, Tunnel and Elevated Highway Construction) Dock/Yardworker (Petroleum Products) Driller/Explosives Handler Driller/Explosives Technician Driver/Explosives Handler Driver/Guard (Armored Car) Drivers of School Buses and/or Student Transportation Vehicles Drop Swapper (Television Cable) Drum Laborer E & I Technician (Power Generations) Electrician (Elevated Construction) Electronics Service Technician Emergency Medical Technician Emergency Medical Technician Intermediate (EMT-I) Emission Measurements Technician Engineer (Hazardous Waste Site) Environmental Scientist (Hazardous Waste/Petroleum Products) Equipment/Forklift Operators Executive Chauffeur Executive Director (EMS) Expediter Facility Maintenance Team Member Facility Safety Specialist Fiber Optic Observer Fiber Splicer Field Engineer (Elevated Construction) Field Laborer (Power Generation Plant) Field Logistics Manager (Power Generation Plant) Field Operations Manager (Explosives) Field Project Supervisor (Power Generation Plant) Field Service Representative (Fuel Station Monitoring) Field Technician (Hazardous Waste/Petroleum Products) Field Technician (Hazardous Waste Site) Field Test Engineers (Off-Shore Drilling) Field Welder (Power Generation Plant) Filling Manager/Supervisor (Pharmaceutical Manufacturing) Finisher (Prestress Concrete) Fireplace Installer Fire Sprinkler Technician (Elevated Construction) Flagman Fleet Engineer (EMS) Flight Attendant Flight Officer Floaters (Surgical Sponge Manufacturing) Foreman Forklift Operator Forklift Operator (Terminal Operations) Forklift Operator (Hazardous Materials) FPI/X-ray Furnace Operator Garage Mechanics (Terminal Operations) Gemko/PK Operator General Laborer (Terminal Operations) General Maintenance Personnel General Warehouse Groundperson (Power Line Clearance) Group Leaders (Surgical Sponge Manufacturing) Guard/Fireman Gutter Installer HVAC Service Technician Handlers and Users of Radioactive Sources Hardware Technician Health & Safety Officer (Hazardous Waste Site) Heavy Equipment Operators (Elevated Construction) Hold Operator of Forklift (Terminal Operations) Hydrogeologist (Hazardous Waste Site) Hydro Test Operator Inspector Inspector (Crane) Inspector (Elevated Construction) Inspectors (Surgical Sponge Manufacturing) Installation Representative/Manager (Fuel Station Monitoring) Installation/Repair Technician (Television Cable) Installer (Television Cable) Insulation Installer Insulator Insulator (Elevated Construction) Inventory Assistant Team Leader Inventory Control Team Leader Inventory Control Team Member Iron Workers (Bridge, Tunnel and Elevated Construction) Ironworker (Rebar & Structural) IV Nurse IV Pharmacist IV Pharmacy Technician Lab Manager Lab Manager (Pharmaceutical Manufacturing) Lab Technicians Laboratory Director (Hazardous Waste Materials) Laborer (Power Generations) Laborer (Power Line Clearance) Laborer (Road Crack and Joint Repair) Laborers (Bridge, Tunnel and Elevated Highway Construction) Laborers (Elevated Concrete Form Work) Lathe Operators Lead Assembly Technician (Power Generation Plant) Lead Installation/Line Technician (Television Cable) Lead Laborer (Power Generations) Lead Technician (Fuel Station Monitoring) Leadman (Prestress Concrete) Leakage Technician (Television Cable) Licensed Operator (Waste Water Treatment Plant) Licensed Practical Nurses Light Duty Wrecker Operator Limousine Driver Lineman Line Technician (Television Cable) Loader/Unloader Location Manager (Petroleum or Petrochemical Laboratory) Longshoreman (Terminal Operations) Machine Operators (Surgical Sponge Manufacturing) Machine Setup Mechanic (Plastic Products Manufacturing) Machinist (Pharmaceutical Manufacturing) Machinist (Plastic Products Manufacturing) Maintaining revenue service vehicles or equipment used in revenue service Maintenance Electrician/Steamfitter Maintenance Electrician/Steamfitter (Elevated Construction) Maintenance Manager (Power Generations) Maintenance Mechanic Helpers (Terminal Operations) Maintenance Mechanic Maintenance Mechanics (Terminal Operations) Maintenance Mechanics, Lead 1st & 2nd class (Power Generations) Maintenance Person/Forklift Operator (Prestress Concrete) Maintenance Personnel (Pharmaceutical Manufacturing) Maintenance Supervisor Maintenance Supervisor (Power Generations) Maintenance Worker (Hazardous Waste Materials) Manager, Technical & Field Service (Fuel Station Monitoring) Marine Terminal Operator (Petroleum Products) Masons (Elevated Concrete Form Work) Material Handler Material Handler (Pharmaceutical Manufacturing) Material Handler/Forklift Operator (Plastic Products Manufacturing) Mechanic Mechanics (Heating, Elevated Construction) Mechanics (Placarded Vehicles Carrying Hazardous Materials) Mechanics (School Buses and/or Student Transportation Vehicles) Milling Machinists Millwright Millwright (Elevated Construction) Mobile Equipment Operator (Power Generations) Operating Engineer Operating Engineers (Bridge, Tunnel and Elevated Highway Construction) Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts) Operation of a revenue service vehicle, whether or not such vehicle is in revenue service. Operations Manager (Armored Car) Operations Manager (EMS) Operations Manager (Power Generations) Operations Superintendent (Power Generations) Operations Technician (Fuel Station Monitoring) Operator of Medi-Van Operators of Handicapped Services Vehicles Overhead Crane Operator (10 ton and over) Packagers (Surgical Sponge Manufacturing) Packer/Forklift Operator (Plastic Products Manufacturing) Painters (Elevated Construction) Painters (Elevated Structure) Pallet Jack Operator Paramedic Payload Operator (Terminal Operations) Petroleum/Chemical Inspector Petroleum or Petrochemical Laboratory Manager Pharmaceutical Clinical Quality Assurance Rep Pharmaceutical Data Entry Technician/Supervisor Pharmaceutical Medical Records Technician Pharmaceutical Picking/Packaging/Manager/Supevisor Pharmaceutical Picking Technician Pharmaceutical Production Manager Pharmaceutical Purchasing Staff/Manager Pharmaceutical Returns/Pyxis Technician Pharmacist Pharmacy Technician Physicians Physician Assistants Pick Up Gear (Terminal Operations) Pile Drivers (Bridge, Tunnel and Elevated Highway Construction) Pilot Pipefitter Plant Associates (Compressed Gas) Plant Foreman (Petroleum Products) Plantman (Petroleum Products) Plant Manager Plant Manager (Compressed Gas) Plant Manager (Petroleum Products) Plant Manager (Power Generations) Plant Operator (Petroleum Products) Plant Operator (Power Generations) Plant Superintendent (Petroleum Products) Plant Supervisor (Petroleum Products) Plant Technician Plasma Sprayer Plater Plumbers/Pipefitters (Elevated Construction) Pre-Wire (Television Cable) Processing Supervisor (Hazardous Waste Materials) Production Chemists Production Supervisors/Managers Project Engineer (Power Generation Plant) Project Manager (Elevated Construction) Propane Service Technician Pumpers Quality Assurance Manager (Pharmaceutical Manufacturing) Quality Control Chemists Quality Control Inspector (Aircraft) Quality Control Inspector (Prestress Concrete) Quality Control Lab Technician (Prestress Concrete) Quality Control-Laboratory (Pharmaceutical Manufacturing) Quality Control-Production Inspector (Pharmaceutical Manufacturing) Quality Control Supervisor Quality Control Team Member/Produce Inspector Quality Monitors (Surgical Sponge Manufacturing) Registered Nurse/Nurse Practitioner Registered Nurses Remedial Service, Technician (Hazardous Waste Materials) Repair Personnel of Ambulance and Handicapped Services Vehicles Research & Development Chemist Residential House Parent Riggers of Containment Cables Safety Manager (Elevated Construction) Safety Officer (Armored Car) Sanitation Assistant Team Leader Sanitation Team Leader Sanitation Team Member Sailing Instructor Sales Representative/Demonstrator (Heavy Equipment) Sales Representative (Crane) Security Guard/Safety Selector/Forklift Operator Senior Projects Manager (Fuel Station Monitoring) Senior Technician (Television Cable) Service Manager (Cranes) Service Technician (Cranes) Service Technician (Industrial Chimney/Air Duct and Boiler Systems) Service Technician (Television Cable) Set-up/Filling (Pharmaceutical Manufacturing) Shift Supervisor (Power Generations) Shipper/Warehouseman/Yardman Shipping Receiving (Pharmaceutical Manufacturing) Shop Laborer (Power Generation Plant) Shore Crane Operator (Terminal Operations) Shuttle Driver Signalman (Terminal Operations) Site Clean-up Crews (Hazardous Waste) Sorters Sprinkler Apprentice Sprinkler Mechanic Staff Scientist (Hazardous Waste Site) Stripper (Chemical) Supervisor (Ambulance & Handicapped Services Vehicle) Supervisor (Prestress concrete) Supervisor of Professional Services (EMS) Tallying Employees (Terminal Operations) Teacher Teacher Aide Teamsters Technical/Marketing Representative (Explosives) Terminal Foreman (Petroleum Products) Terminal Supervisor (Petroleum Products) Thermal Sprayers/Gritblasters (Metalizing Operations) Toolmaker Top Climber/Top Trimmer (Power Line Clearance) Traffic Manager (Pharmaceutical Manufacturing) Trainer/Forklift Transfer Station Operator (Power Generations) Truck Driver (Hazardous Waste Materials) Truck Driver (LP Gas, Gasoline, Combustible Fuel) Truck Driver (Petroleum Products) Truck Driver (Road Crack and Joint Repair) Truck Drivers (Bridge, Tunnel and Elevated Highway Construction) Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction) Truck Loaders Truckloading Dock Operator of Forklift (Terminal Operations) Underground Construction Supervisor Underground Utility Locate Technician Utility Man Utility Operator (Power Generations) VTL Machinist Van Driver (Revenue Service) Vanlube/Bridge Operator Vault Personnel (Armed) Warehouse Maintenance & Utility Persons (Hazardous Materials) Warehouse/Shipping Clerks Wastewater Treatment Manager Wastewater Treatment Operator Waterproofing Installer Welder/Fabricators Welder (Elevated Construction) Welder (Prestress Concrete) Weld Manager (Elevated Construction) Wheel Chair Van Driver Winch Operator (Terminal Operations) Window Installer Working Foreman (Hazardous Materials) Yard Laborer Yardman (Hazardous Waste Materials)
HIGH-RISK OCCUPATIONS
E & I Technician (Power Generations)
Electrician (Elevated Construction)
Electronics Service Technician
Emergency Medical Technician
Emergency Medical Technician Intermediate (EMT-I)
Emission Measurements Technician
Engineer (Hazardous Waste Site)
Environmental Scientist (Hazardous Waste/Petroleum Products)
Equipment/Forklift Operators
Executive Chauffeur
Executive Director (EMS)
Expediter
Facility Maintenance Team Member
Facility Safety Specialist
Fiber Optic Observer
Fiber Splicer
Field Engineer (Elevated Construction)
Field Laborer (Power Generation Plant)
Field Logistics Manager (Power Generation Plant)
Field Operations Manager (Explosives)
Field Project Supervisor (Power Generation Plant)
Field Service Representative (Fuel Station Monitoring)
Field Technician (Hazardous Waste/Petroleum
Field Technician (Hazardous Waste Site)
Field Test Engineers (Off-Shore Drilling)
Field Welder (Power Generation Plant)
Filling Manager/Supervisor (Pharmaceutical Manufacturing)
Finisher (Prestress Concrete)
Fireplace Installer
Fire Sprinkler Technician (Elevated Construction)
Flagman
Fleet Engineer (EMS)
Flight Attendant
Flight Officer
Floaters (Surgical Sponge Manufacturing)
Foreman
Forklift Operator
Forklift Operator (Terminal Operations)
Forklift Operator (Hazardous Materials)
FPI/X-ray
Furnace Operator
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HIGH-RISK OCCUPATIONS
Garage Mechanics (Terminal Operations)
Gemko/PK Operator
General Laborer (Terminal Operations)
General Maintenance Personnel
General Warehouse
Groundperson (Power Line Clearance)
Group Leaders (Surgical Sponge Manufacturing)
Guard/Fireman
Gutter Installer
HVAC Service Technician
Handlers and Users of Radioactive Sources
Hardware Technician
Health & Safety Officer (Hazardous Waste Site)
Heavy Equipment Operators (Elevated Construction)
Hold Operator of Forklift (Terminal Operations)
Hydrogeologist (Hazardous Waste Site)
Hydro Test Operator
Inspector
Inspector (Crane)
Inspector (Elevated Construction)
Inspectors (Surgical Sponge Manufacturing)
Installation Representative/Manager (Fuel Station Monitoring)
Installation/Repair Technician (Television Cable)
Installer (Television Cable)
Insulation Installer
Insulator
Insulator (Elevated Construction)
Inventory Assistant Team Leader
Inventory Control Team Leader
Inventory Control Team Member
Iron Workers (Bridge, Tunnel and Elevated Construction)
Ironworker (Rebar & Structural)
IV Nurse
IV Pharmacist
IV Pharmacy Technician
HIGH-RISK OCCUPATIONS
Lab Manager Lab Manager (Pharmaceutical Manufacturing) Lab Technicians Laboratory Director (Hazardous Waste Materials) Laborer (Power Generations) Laborer (Power Line Clearance) Laborer (Road Crack and Joint Repair) Laborers (Bridge, Tunnel and Elevated Highway Construction) Laborers (Elevated Concrete Form Work) Lathe Operators Lead Assembly Technician (Power Generation Plant) Lead Installation/Line Technician (Television Cable) Lead Laborer (Power Generations) Lead Technician (Fuel Station Monitoring) Leadman (Prestress Concrete) Leakage Technician (Television Cable) Licensed Operator (Waste Water Treatment Plant) Licensed Practical Nurses Light Duty Wrecker Operator Limousine Driver Lineman Line Technician (Television Cable) Loader/Unloader Location Manager (Petroleum or Petrochemical Laboratory) Longshoreman (Terminal Operations) Machine Setup Mechanic (Plastic Products Manufacturing) Machinist (Pharmaceutical Manufacturing) Machinist (Plastic Products Manufacturing) Maintaining revenue service vehicles or equipment used in
revenue service Maintenance Electrician/Steamfitter
Maintenance Electrician/Steamfitter (Elevated Construction) Maintenance Manager (Power Generations) Maintenance Mechanic Helpers (Terminal Operations) Maintenance Mechanic Maintenance Mechanics (Terminal Operations) Maintenance Mechanics, Lead 1st & 2nd class (Power
Generations) Maintenance Person/Forklift Operator (Prestress Concrete) Maintenance Personnel (Pharmaceutical Manufacturing) Maintenance Supervisor Maintenance Supervisor (Power Generations) Maintenance Worker (Hazardous Waste Materials) Manager, Technical & Field Service (Fuel Station Monitoring) Marine Terminal Operator (Petroleum Products) Masons (Elevated Concrete Form Work) Material Handler Material Handler (Pharmaceutical Manufacturing) Material Handler/Forklift Operator (Plastic Products
Manufacturing) Mechanic Mechanics (Heating, Elevated Construction) Mechanics (Placarded Vehicles Carrying Hazardous Materials) Mechanics (School Buses and/or Student Transportation
Vehicles) Milling Machinists Millwright Millwright (Elevated Construction) Mobile Equipment Operator (Power Generations)
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©Lynn, Ross & Gannaway, LLP 2017
HIGH-RISK OCCUPATIONS
Operating Engineer
Operating Engineers (Bridge, Tunnel and Elevated Highway Construction)
Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts)
Operation of a revenue service vehicle, whether or not such vehicle is in revenue service.
Operations Manager (Armored Car)
Operations Manager (EMS)
Operations Manager (Power Generations)
Operations Superintendent (Power Generations)
Operations Technician (Fuel Station Monitoring)
Operator of Medi-Van
Operators of Handicapped Services Vehicles
Overhead Crane Operator (10 ton and over)
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HIGH-RISK OCCUPATIONS
Packagers (Surgical Sponge Manufacturing)
Packer/Forklift Operator (Plastic Products Manufacturing)
Painters (Elevated Construction)
Painters (Elevated Structure)
Pallet Jack Operator
Paramedic
Payload Operator (Terminal Operations)
Petroleum/Chemical Inspector
Petroleum or Petrochemical Laboratory Manager
Pharmaceutical Clinical Quality Assurance Rep
Pharmaceutical Data Entry Technician/Supervisor
Pharmaceutical Medical Records Technician
Pharmaceutical Picking/Packaging/Manager/Supervisor
Pharmaceutical Picking Technician
Pharmaceutical Production Manager
Pharmaceutical Purchasing Staff/Manager
Pharmaceutical Returns/Pyxis Technician
Pharmacist
Pharmacy Technician
Physicians
Physician Assistants
Pick Up Gear (Terminal Operations)
Pile Drivers (Bridge, Tunnel and Elevated Highway Construction)
Pilot
Pipefitter
Plant Associates (Compressed Gas)
Plant Foreman (Petroleum Products)
Plantman (Petroleum Products)
Plant Manager
Plant Manager (Compressed Gas)
Plant Manager (Petroleum Products)
Plant Manager (Power Generations)
Plant Operator (Petroleum Products)
Plant Operator (Power Generations)
Plant Superintendent (Petroleum Products)
Plant Supervisor (Petroleum Products)
Plant Technician
Plasma Sprayer
Plater
Plumbers/Pipefitters (Elevated Construction)
Pre-Wire (Television Cable)
Processing Supervisor (Hazardous Waste Materials)
Production Chemists
Production Supervisors/Managers
Project Engineer (Power Generation Plant)
Project Manager (Elevated Construction)
Propane Service Technician
Pumpers
©Lynn, Ross & Gannaway, LLP 2017
HIGH-RISK OCCUPATIONS
Quality Assurance Manager (Pharmaceutical Manufacturing)
Quality Control Chemists
Quality Control Inspector (Aircraft)
Quality Control Inspector (Prestress Concrete)
Quality Control Lab Technician (Prestress Concrete)
Quality Control-Laboratory (Pharmaceutical Manufacturing)
Quality Control-Production Inspector (Pharmaceutical Manufacturing)
Quality Control Supervisor
Quality Control Team Member/Produce Inspector
Quality Monitors (Surgical Sponge Manufacturing)
Registered Nurse/Nurse Practitioner
Registered Nurses
Remedial Service, Technician (Hazardous Waste Materials)
Repair Personnel of Ambulance and Handicapped Services Vehicles
Research & Development Chemist
Residential House Parent
Riggers of Containment Cables
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©Lynn, Ross & Gannaway, LLP 2017
HIGH-RISK OCCUPATIONS
Safety Manager (Elevated Construction)
Safety Officer (Armored Car)
Sanitation Assistant Team Leader
Sanitation Team Leader
Sanitation Team Member
Sailing Instructor
Sales Representative/Demonstrator (Heavy Equipment)
Sales Representative (Crane)
Security Guard/Safety
Selector/Forklift Operator
Senior Projects Manager (Fuel Station Monitoring)
Senior Technician (Television Cable)
Service Manager (Cranes)
Service Technician (Cranes)
Service Technician (Industrial Chimney/Air Duct and Boiler Systems)
Service Technician (Television Cable)
Set-up/Filling (Pharmaceutical Manufacturing)
Shift Supervisor (Power Generations)
Shipper/Warehouseman/Yardman
Shipping Receiving (Pharmaceutical Manufacturing)
Shop Laborer (Power Generation Plant)
Shore Crane Operator (Terminal Operations)
Shuttle Driver
Signalman (Terminal Operations)
Site Clean-up Crews (Hazardous Waste)
Sorters
Sprinkler Apprentice
Sprinkler Mechanic
Staff Scientist (Hazardous Waste Site)
Stripper (Chemical)
Supervisor (Ambulance & Handicapped Services Vehicle)
Supervisor (Prestress concrete)
Supervisor of Professional Services (EMS)
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©Lynn, Ross & Gannaway, LLP 2017
HIGH-RISK OCCUPATIONS
Tallying Employees (Terminal Operations)
Teacher
Teacher Aide
Teamsters
Technical/Marketing Representative (Explosives)
Terminal Foreman (Petroleum Products)
Terminal Supervisor (Petroleum Products)
Thermal Sprayers/Gritblasters (Metalizing Operations)
Toolmaker
Top Climber/Top Trimmer (Power Line Clearance)
Traffic Manager (Pharmaceutical Manufacturing)
Trainer/Forklift
Transfer Station Operator (Power Generations)
Truck Driver (Hazardous Waste Materials)
Truck Driver (LP Gas, Gasoline, Combustible Fuel)
Truck Driver (Petroleum Products)
Truck Driver (Road Crack and Joint Repair)
Truck Drivers (Bridge, Tunnel and Elevated Highway Construction)
Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction)
Truck Loaders
Truckloading Dock Operator of Forklift (Terminal Operations)
Underground Construction Supervisor
Underground Utility Locate Technician
Utility Man
Utility Operator (Power Generations)
VTL Machinist
Van Driver (Revenue Service)
Vanlube/Bridge Operator
Vault Personnel (Armed)
Warehouse Maintenance & Utility Persons (Hazardous Materials)
Warehouse/Shipping Clerks
Wastewater Treatment Manager
Wastewater Treatment Operator
Waterproofing Installer
Welder/Fabricators
Welder (Elevated Construction)
Welder (Prestress Concrete)
Weld Manager (Elevated Construction)
Wheel Chair Van Driver
Winch Operator (Terminal Operations)
Window Installer
Working Foreman (Hazardous Materials)
Yard Laborer
Yardman (Hazardous Waste Materials)
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©Lynn, Ross & Gannaway, LLP 2017
Based on individualized, articulable observations such as:
observation of alcohol or drug use
apparent physical state of impairment
incoherent mental state
changes in personal behavior that are otherwise unexplainable
deteriorating work performance that is not attributable to other factors
evidence of possession of substances or objects which appear to be illegal or unauthorized drugs or drug paraphernalia
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Reasonable Suspicion Drug Testing
©Lynn, Ross & Gannaway, LLP 2017
American Federation of Government Employees v. Martin, 969 F.2d 788 (9th Cir. 1992)
Reasonable suspicion could occur by demonstrating “observable phenomena, such as direct observation of drug use or possession and/or physical symptoms of being under the influence of a drug"
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Reasonable Suspicion
©Lynn, Ross & Gannaway, LLP 2017
Actions/Conduct triggers drug test
Bailey v. City of Baytown, 78 1 F.Supp. 1210, 1216 (S.D. Tex. 1991) employee at wastewater treatment plant had diminished privacy expectation – knew that a drug-testing policy in place
Some cause or “fault” should be linked to post-accident drug test
United Teachers of New Orleans v. Orleans Parish School Ed., 142 F.3d 853 (5th Cir. 1998)
Bryant v. City of Monroe
Amer. Fed. of Gov't Empl. Local 1533, 754 F.Supp. 1409 (N.D. Cal. 1990).
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Post-Accident Drug Testing
©Lynn, Ross & Gannaway, LLP 2017
Safety-sensitive positions? Yes
Chandler v. Miller, 520 U.S. 305 (1997)
Elected officials-do not have to pass a drug screen to run for office
Lanier v. City of Woodburn, 518 F.3d 1147, 1149 (9th Cir. 2008).
Library workers: no.
Turner v. Richmond Public Schools, et al., No. 3:16-256 (E.D.Va., March 28, 2017
Position sought: Instructional Data Specialist – tested positive for cocaine; no assertion of illegal search—only due process claims
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Drug Testing Applicants
©Lynn, Ross & Gannaway, LLP 2017
Am. Fed 'n of State County & Mun. Employees Council 79 v. Scott, 717 F.3d 851(11th Cir. 2013)
Governor wanted to randomly drug test all employees and all conduct pre-employment drug tests for candidates.
Result: a qualified “NO”
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Drug Testing Applicants
©Lynn, Ross & Gannaway, LLP 2017
Results of drug tests: Confidential medical information-ADA
Alcohol tests? Job-related and consistent with business necessity
(because it’s a medical test)
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Other Issues
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Other Issues
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How should the drug test be conducted?
Urine?
Blood?
Breath?
Hair?
Oral?
©Lynn, Ross & Gannaway, LLP 2017