Drug and Alcohol Testing of Mechanical Employees



2021-03-10 2021-03-10 2021-03-10 2021-03-10 2021-03-10 2021-03-10 2021-03-15 2021-04-13 2021-03-10 2021-03-10
FRA-2019-0071-0013 FRA-2019-0071-0005 FRA-2019-0071-0010 FRA-2019-0071-0011 FRA-2019-0071-0009 FRA-2019-0071-0008 FRA-2019-0071-0016 FRA-2019-0071-0018 FRA-2019-0071-0015 FRA-2019-0071-0004
05:00:00 05:00:00 05:00:00 05:00:00 05:00:00 05:00:00 04:00:00 04:00:00 05:00:00 05:00:00
https://api.regulations.gov/v4/comments/FRA-2019-0071-0013 https://api.regulations.gov/v4/comments/FRA-2019-0071-0005 https://api.regulations.gov/v4/comments/FRA-2019-0071-0010 https://api.regulations.gov/v4/comments/FRA-2019-0071-0011 https://api.regulations.gov/v4/comments/FRA-2019-0071-0009 https://api.regulations.gov/v4/comments/FRA-2019-0071-0008 https://api.regulations.gov/v4/comments/FRA-2019-0071-0016 https://api.regulations.gov/v4/comments/FRA-2019-0071-0018 https://api.regulations.gov/v4/comments/FRA-2019-0071-0015 https://api.regulations.gov/v4/comments/FRA-2019-0071-0004
Alexandra Guangshi(stone) Joshua Anonymous Ashtyn Kara Anonymous Helen Nadia Guangshi(stone)
Canaveral Chen Cruzado Anonymous Bombala Mccurry Anonymous King Legorreta Chen
The control of alcohol and drug use should be enforced in every workplace and for every type of employee regardless of the type of occupation. There are many jobs in society that should require the responsibility and control of alcohol and druge use. Especially when it comes to mechanical employees or those dealing with more serious responsibilites on the job on as daily basis. In agreement, employees who are testing or inspecting railroad rolling equipment should be covered when it comes to the scope of alcohol and drug regulation. Regulated employees should definitely include any MECH employees in order to make sure that they are covered. If this issue is proposed it would help when it comes to accidents as well as fatal accidents to prevent or keep them from continuing to happen as often and if any do happen, these specific employees would be covered and included. This rule would also not affect environmental resources or increased emissions both directly or indirectly so there should be no reason these employees shouldnt be covered.  I think this rule is necessary in order to make sure the use of ALcohol and drug is legal and will be regulated in any situation. The Mechanical employees and their rights to the previous acts have t be specified in this follow-up rule in order to make sure their rights of alcohol and drug use are legal and working correctly. This rule is giving clarification to many things involved in the previous acts published. I support this proposed rule. The opioid epidemic has become larger than we couldve ever predicted and its a sickness that needs attention and availability. This proposition to expand coverage and redefine regulation is a step in the right direction to addressing the issue directly and transparently. This proposed rule follows basic common sense on this issue. The rule protects railway workers, engineers, and others as well as the general public. According to the rule, it also saves millions of dollars per year through its deterrence effects. This is a logical step to take to expand the FRAs Congressionally mandated program. It is important for those who are inspected rolling equipment to be in the most sober state of mind they can be while performing their duties, lest they risk not only their own lives, which is commented on in the proposed rule, but the lives of those in the general public if they fail to adequately perofrm their testing/inspection duties due to a substance abuse disorder.  The work that the people do benefit the country so making it to where the people working the trains and insure that it works properly is beneficial so that they can do the work correctly so that commerce and public transport keep on flowing so the country keeps up with the demand of products needed. Comments related to Docket No. FRA-2019-0071 Safety-sensitive jobs in relation to Medicinal cannabis use has been a hot topic in legislation. I was recently asked how it made me feel to be an advocate and so open about my medical cannabis treatment?  How has it affected my life? I chose to become a nurse because I love to take care of people. Its my passion and gives me purpose, to care for others and uphold the oath that I took. I have been left with this hollow feeling inside accompanied by waves of mourning and frustration. I  continue to advocate for those like myself who either cant Medicate or suffer the repercussions of it. When the topic comes up hows it affected my life and others seek to help me find solutions to my problem my response is usually to this effect:I couldnt continue to contribute to the decline of the quality of life of Oklahomans at the hands of Oklahoma healthcare in order to obtain a paycheck all the while being scrutinized for my methods of medicating which is much safer and effective when properly maintained and managed. One mistake and a positive drug test for metabolites would immediately flag me for drug abuse and treatment and have to go before the board of nursing in order to gain back licensure. I was passive-aggressively threatened by an employer whenever I brought up cannabis use for the patients that I was caring for and that we should be supporting them and educating them.  I mentioned that theres a degree of liability here as well. The response I was given was nurses who medicate are the only liability so I nodded my head and  turned in my resignation letter 3 days later due to extenuating personal circumstances as well. There are other workforce concerns that go greatly unaddressed while medicinal cannabis remains a negative focal point burn out, lack of adequate sleep, pharmaceuticals etc which completely overlooked.  Stress and each individuals tolerance in managing has a great impact on their work and safety of them and those their work affects. Programs like Predictive Safety mentioned  in the article below should be utilized by employers to monitor changes in ability to perform safely. https://tulsaworld.com/opinion/columnists/lawrence-pasternack-medical-marijuana-and-workplace-safety/article_a55493d6-fed6-522e-b743-191002d46d71.htmlConsider the following about stress and as an example the effects of working under safety sensitive conditions. According to The American Institute of Stress:About 33 percent of people report feeling extreme stress77 percent of people experience stress that affects their physical health73 percent of people have stress that impacts their mental health48 percent of people have trouble sleeping because of stressThose in safety sensitive positions should be able to medicate freely on their own time without fear of judgement or retaliation. Cannabis and all of its metabolites should be removed from workplace drug testing as it is an out dated resource and only contributes to stigma. Our bodies hold onto THC in fat cells while other drugs that cannabis is often compared to metabolize within a few days. The reason our bodies hold onto cannabinoids is simple and inarguable. Our bodies want it, need it even. The presence of metabolize does not indicate that there is an active impairment. The people who fall under this category are in some of the most mentally and physically taxing jobs because they are safety sensitive and would greatly benefit from medicinal cannabis after a long stressful day at work. According to the report, 15.6% of all nurses reported feelings of burnout, with the percentage rising to 41% of unengaged nurses. Whats really interesting as well, is that 50% of nurses who reported feeling burned out also reported that they had no plans to leave their organizationpointing to the importance of supporting and meeting nurses where they are at in the workforce.PTSD is an occupational hazard for nursing. It is estimated that up to 14 percent of the overall general nursing population experience symptoms that meet the criteria to be diagnosed with PTSD, which is 4 times higher than the general adult population.  The  stigmatic bias and disregard for the many medicinal qualities of cannabis by many of our leaders is the root of the problem. I am a nurse and patient and have seen and heard hundreds of testimonies from people some would consider to not be using medicinally.The fact is that medicinal cannabis is the most safe and effecive treatment option for most of the people who medicate. These people have tried traditional methods of treating their problems only to end up with more complications both short term and long term. As a medical professional it is of utmost importance that I hold tight to my oath to cause no harm and continue to advocate for medicinal cannabis use where it is applicable and reasonable.  Given that railroads have such an impact on our nation and communities via general transportation and supporting our economic system. It is obvious that the FRA should expand its scope of alcohol and drug regulation to cover mechanical (MECH) employees who test or inspect railroad rolling equipment. Also, the fact that two MECH employees have passed due to related events furthers the argument that something needs to be done.   DOCKET NO. FRA-2019-0071 Posted by the Federal Railroad Administration (FRA)Control of Alcohol and Drug Use: Coverage of Mechanical Employees and Miscellaneous AmendmentsSection:  II Mechanical Employees, Contractors, and SubcontractorsDear FRA,I am writing regarding the proposed rule revisions to FRA Regulations (49 CFR, Part 219). This rule will require random alcohol and drug testing to expand to contractors and subtractors working in the Maintenance of Way (MOW).  Before June 12, 2017, only the regulated mechanical employees required pre-employment, post-accident, and random drug and alcohol testing.  I support the revisions because these contractors are equally responsible for inspecting the railroad equipment and tracking their signal and communication systems.  Train accidents are happening every 3 hours in our country.  This data covers railroad employees, distracted drivers, and lack of proper warning signals for pedestrians and drivers. When an employee becomes involved in a railroad accident, they must provide a specimen within 4 hours unless immediate medical treatment is required.  If the worker is delayed based on injuries, an on-duty supervisor must provide documentation to the administration explaining such.  The different agencies can go to the FRA website to view the mandated requirements for stand-alone or random drug and alcohol testing. These random screenings are performed quarterly on their roadway workers.  The testing is divided into two separate categories, 50% involves testing for drugs and the other 25% involves testing for alcohol usage for annual records. In closing, my position remains to support the proposed rule that alcohol and drug screening be expanded to all roadway workers.  Hopefully, this will eliminate some percentage of tragic accidents that we often hear about regarding individuals losing their lives or life-threatening injuries, trying to outrun a train when approaching the railroad tracks.  The clients in my treatment program are placed on a daily call-in for random drug and alcohol screening.  The outcome of relapsing seems to decrease in numbers because of accountability.   Therefore, the duties of a railroad worker who repairs our bridges, tracks, and roadways should be accountable for the safety of keeping themselves, our citizens, and co-workers unharmed if preventable.   I am for this proposed rule since it provides a safer work environment for mechanical employees.  If I was an employer, I wouldnt want my employees to the intoxicated or under the influence while dealing with machinery or equipment. It can lead to accidents especially if the equipment was dealt with improperly. Under executive summary, It explains incidents that led up to the revision of alcohol and drug regulation. These incidents either caused an injury or death for mechanical employees. If frequent drug tests became a necessary precaution, it will help prevent these kinds of incidents from increasing.   I think the clarifying of the Support act is a move that is necessary in order to cover more or fewer people. This explanation and clarification on mechanical employees is necessary and must be addressed in certain situations. I would encourage this proposed rule in order to create better environment for the control of Alcohol and Drug use, make it clear and specific to everyone.