06.25.08
Posted in Drug Abuse and Statistics, Employers, General, Laboratories, Press Release, Regulations, TPA at 5:00 pm by administrator
Published in today’s Federal Register is a Department of Transportation Final Rule:
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
In summary:
1. This Final Rule makes it mandatory for laboratories to test all DOT specimens for specimen validity (i.e., adulterants and urine substitutes) and for laboratories to follow all Department of Health and Human Resources (HHS) protocols for doing so.
2. Observed collections will afford less privacy in order to guard against employee use of items designed specifically to beat the testing process.
a. Directly observed collections will continue to occur only when there is a specific reason to believe that an employee may be attempting, or have sufficient reason, to evade the testing process.
b. Items such as prosthetic devices designed to carry clean urine will be checked for by observers with both male and female donors. The observer will have the employee raise and lower clothing, and then put it back into place for the observed collection.
c. Observed collections will now be required, rather than optional, for all return-to-duty and follow-up drug testing.
3. In an effort to thwart those who would manufacturer products designed to adulterate specimens, the Final Rule will no longer have easy-to-follow tables and charts outlining the adulterants for which laboratories are testing and the scientific cutoff levels at which laboratories are testing them.
4. Definitions in the Final Rule have been changed to harmonize with the HHS.
5. During an invalid result Medical Review Officer (MRO) review, an employee admission of adulterating or substituting a specimen is now a refusal to test.
6. Pursuant to MRO requests, the Final Rule will close the potentially endless loop on invalid specimen results; and employees requiring negative results [for example, pre-employment tests], when they have medical reasons for providing invalid results, will be able to obtain them through medical evaluations to rule out signs and symptoms of drug use.
7. The Final Rule will also streamline and simplify the potential myriad of complicated laboratory-confirmed and MRO-verified drug test results.
8. The Final Rule requires drug testing laboratories to report to DOT semi-annual statistical summaries on all of their DOT testing.
9. The Final Rule effective date is August 25, 2008.
Permalink
05.29.08
Posted in Employers, General, Press Release, Regulations at 12:07 pm by administrator
Recently, the Government Accountability Office (GAO) released its report “Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them Off the Road.” In the report, the GAO makes several recommendations on how to improve transportation drug testing programs – specifically FMCSA. One such recommendation is the implementation of a national database of drug testing information. DATIA has advocated such a database for over a decade, and is pleased to see this recommendation. Currently, DATIA is working with transportation associations and Congress to expedite the development and implementation of the database. The GAO also recommends providing FMCSA with additional authority over drug testing service providers, encouraging or requiring states to suspend CDLs for drivers who fail or refuse to take a drug test, and encouraging Congress to adopt legislation to ban subversion products. DATIA was heavily involved in the wiring of the Drug Testing Integrity Act, introduced two years ago, and is currently working to push its movement in Congress. DATIA will keep its members informed as these initiatives progress. Read the full GAO report here.
Permalink
11.28.07
Posted in Employers, General, Regulations, TPA at 4:42 pm by administrator
Below is an email notice from W. J. Judge, JD, LL.M.
————————————————————————
I was not quite sure how to approach this issue but everyone on the list, especially those who operate clinics where drug test collections are conducted, needs to be aware of what’s happening in Washington, DC regarding the collection process and upcoming enforcement possibilities. On November 1st the U.S. House of Representatives Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit held a hearing to address, among other things, the lack of drug and alcohol collection site procedural compliance. This hearing stems from a February 2001 Minneapolis TV expose that revealed 4 of 5 collection sites failed to properly collect samples or have proof of training.
During the hearing representatives of the Government Accounting Office (GAO) indicated that their full investigative report will be sent to Congress in May. That report will show that during their undercover investigation the 24 sites investigated showed “flaws in all phases of the testing protocols.” 22 of the 24 sites failed at least 2 of the required collection requirements. Those sites have been referred to DOT for enforcement action.
FMCSA (Trucking) Administrator John Hill testified and asked Congress for the authority to levy fines against collection sites found to be in violation of DOT requirements. He said the administrative procedures designed to correct collection problem just don’t work. DOT has promised to investigate ways to step up enforcement of qualification and procedural rules.
During the Q&A portion of the hearing training and having proof of training (49 CFR Part 40.33) were mentioned as important solutions to many of the problems uncovered by GAO. In response to the hearing many employers and TPAs are now taking steps to ensure that each collection site person has proof of training. Collection site personnel are increasingly being asked to produce their proof of training.
W
. J. Judge, JD, LL.M.
Permalink
11.03.07
Posted in Employers, General at 11:48 am by administrator
Recently there was a news segment on “Beating a Drug Test” and a drug masking agent called “Urine Luck” on our local ABC News afiliate. “Urine Luck” contains a chemical called Chromate which most laboratories test for as a part of it’s adulterant panel. If you research the “Urine Luck” website, it will not list the ingrediates because it would deter the public from buying a product that is being tested for by the labs.
It is important for employers and the general public to know there are 2 key components in drug testing to maintain the integrity of the process. First is the collection process which includes checking pockets and taking off hats and jackets, checking the temperature of the specimen which should be between 90 to 100 degrees, visual inspection of the sample, visual inspection of the restroom before and after the collection, and packaging the sample in the presence of the donor. The second key component is the laboratory checking the pH, specific gravity, creatinine levels, and testing for one or more adulterants. For DOT testing this is required and for most reputable laboratories is tested for non-dot also. Some labs will give the option of adulterant testing with expanded adulterant panels.
When choosing a drug testing management company or collection site, look for a reputable company. The Drug and Alcohol Testing Industry Association and the Substance Abuse Professional Administrators Association has a membership directory which includes certified collectors.
If anyone has questions or needs information about beating the drug test, please call or email us. Drug testing is an education process. Education is the first step to having an effective drug testing program.
Scott Kitchens
email: scottkitchens@slonsites.com
phone: (205) 590-1024
Permalink
