3)   Substance abuse testing

The SAPTEP shall include testing for substance abuse, including pre-employment testing, random testing, for cause testing, and post-accident testing.

4)   Substance abuse employee assistance

The SAPTEP and required SAPTEP training shall provide all miners with information about available substance abuse employee assistance services and the role of such services in the SAPTEP.

5)   Substance abuse enforcement

The SAPTEP and SAPTEP required training shall detail the role of the mine operator’s     discipline policy and procedures, and include the consequences of violating the SAPTEP.

6)   Restricted duty

Miners who are suspected of violating the SAPTEP shall not work in jobs where their       suspected violation could endanger themselves or others, until the mine operator makes a    determination that they do not pose a substance abuse related hazard to themselves or others.

7)   Recordkeeping

Mine operators shall provide records of compliance to MSHA with this standard upon      request.

This alternative proposal will address the core issues that MSHA seeks to cover with the proposed rule, but do so in a manner that will allow mine operators to use existing programs, personnel, infrastructure, and reporting systems. Operators with non-MSHA sites will be able to maintain uniform policies and procedures for all of their employees. And above all, this alternative proposal will allow the industry and MSHA to work together to eliminate drug and alcohol misuse and abuse in our nations’ mines.

Hugh Thatcher is an associate at Patton Boggs LLP’s Denver office. He counsels and represents clients in occupational/mine safety and health law. Thatcher may be reached via phone at 303-894-6179 or via e-mail at hthatcher@pattonboggs.com.