What You Need to Know About DOT Drug

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What You Need to Know About DOT Drug Alcohol
Collections Recent Updates

• Presented by Manny Chavez

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IMPORTANT EVENTS IN 2007 - 2008

• News reports and other investigations have raised
  concerns about significant vulnerabilities in
  DOTs drug testing program. (e.g. FOX 9
  undercover investigations of five DOT collection
  sites in Minnesota)

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Important Events in 2007- 2008 (contd)

• Continuing use of products designed to beat the
  drug test brazenly marketed on the internet.
  (Examples Whizzinator, Urinator, the Wedge)
• Congressional hearings on challenges to
  establishing an effective drug testing program

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Important Events in 2007- 2008 (contd)

• GAO undercover investigations (May - September
  2007) of DOT collection sites around the country
  focused on the motor carrier industry
• GAO released report to Congress on options to
  improve drug testing programs and better identify
  illegal drug users and keep them off the road
  (May 2008)

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Important Events in 2007- 2008 (contd)

• October 14, 2008 Federal prosecutors won a
  19-count indictment against Puck Technology,
  maker of the Whizzinator and Number 1, and its
  owners (Gerald Wills and Robert Catalano) for
  fraud and selling drug paraphernalia.

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Important Events in 2007- 2008 (contd)

• November 24, 2008 Wills and Catalano pleaded
  guilty to one count of conspiracy to defraud the
  federal agency that administers federal workplace
  drug testing programs, and one count of
  conspiracy to sell drug paraphernalia

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Results of GAO Investigations Applicable to all
Transportation Modes

• Lack of compliance with specimen collection
  protocols (22 out of 24 were not in compliance
  with some of the protocols)
• Subversion of the drug test is possible
• Small vials in socks or undergarments containing
  synthetic urine or drug-free urine
• Use of adulterants

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Results of GAO Investigations Applicable to all
Modes (contd)

• Limitations to the test itself (DOT only tests
  for 5 illegal drugs)
• Lack of disclosure of past positive drug tests

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Options Identified by GAO(May 2008)

• Providing and publicizing information regarding
  drug testing requirements through promotional
  materials, website, conferences
• Increasing oversight and enforcement authority
  over service agents

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Options Identified by GAO(May 2008) (Contd)

• Strengthening the enforcement of safety audits
  for new carriers (FMCSA)
• Adopting federal legislation prohibiting the
  sale, manufacture, or use of drug testing
  subversion products

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Options Identified by GAO (May 2008) (contd)

• Testing for additional illegal drugs or some
  prescription drugs
• Developing a national database reporting
  requirement and authority to suspend a CDL for a
  positive drug test result or test refusal

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2009 UPDATES

• DOT made available the Collection Site Security
  Integrity poster and 10 Steps Video
• H.R. 858 (Drug Testing Integrity Act of 2009) was
  introduced in Congress on 2/4/09

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Collector Identified

• A person who instructs and assists employees at
  a collection site, who receives and makes an
  initial inspection of the specimen provided by
  those employees, and who initiates and completes
  the CCF. 49 CFR 40.3

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DOT Urine Specimen Collection Guidelines

• THE COLLECTOR HAS A MAJOR ROLE IN THE SUCCESS
  OF THE DOTS DRUG TESTING PROGRAM. THE COLLECTOR
  IS THE ONE INDIVIDUAL IN THE TESTING PROCESS WITH
  WHOM ALL EMPLOYEES HAVE DIRECT, FACE-TO-FACE
  CONTACT.

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Qualified Services

• Collection Site Personnel Training Requirements
• Qualified as Collector
• Qualified as BAT/STT
• Basic information
• Qualification training
• Initial proficiency demonstration
• Refresher training
• Error correction training

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Requirements For Collection Site

• Privacy enclosure for urination
• Single toilet room preferred
• Toilet or void receptacle
• Water source for hand washing, preferably outside
  privacy enclosure
• Restricted access during collection

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Requirements For Collection Site (Contd)

• Other water sources in privacy enclosure turned
  off or secured
• If facility is normally used for other purposes,
  restrict access to collection materials and
  specimens

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Employee Briefing

• Collector verifies employee identity
• Donor checks outer garments
• Empty pockets and display contents
• Allow employee to keep wallet, footwear

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Urine Specimen Collection Procedures (Contd)

• Collection site personnel inspects collection
  room before and after each specimen collection
• Collector completes step 1 of CCF
• Employees must wash their hands after being
  directed to by the Collector

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Urine Specimen Collection Procedures (Contd)

• Employee or collector selects wrapped single
  specimen collection cup and unwraps in presence
  of both
• Collector gives employee collection container and
  directs him to provide at least 45 ml of urine in
  privacy enclosure
• Collector instructs employee not to flush toilet
• Collector may set a reasonable time for voiding

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Urine Specimen Collection Procedures (Contd)

• Check specimen temperature within 4 minutes.
• Inspect specimen for signs of tampering or
  adulteration
• Check specimen for adequacy (at least 45 ml)
• Complete step 2 of the CCF

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Urine Specimen Collection Procedures (Contd)

• Collector splits specimen into two bottles
  (primary - 30 ml and split - 15 ml) Do NOT top
  off
• Collector seals, labels, and dates the bottles in
  full view of the employee

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Urine Specimen Collection Procedures (Contd)

• Employee initials labels after labels are applied
  to bottles
• Employee reads, signs, and provides requested
  information on step 5 copy 2 of CCF. Refusal to
  sign is not a refusal to test

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Urine Specimen Collection Procedures (Contd)

• Collector signs, dates, and completes the
  remainder of the CCF
• Both specimens will be shipped in a single
  shipping container with the completed CCF

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Federal Custody And Control Form
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• Medical Review Officer Copy

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Distribution of Copies

• Copy 1 Placed in pouch and sent to laboratory
• Copy 2 Faxed/given to MRO within 24 hours
• Copy 3 Collector Copy
• Copy 4 Employer Copy sent (Within 24 hours)
• Copy 5 Given to Donor (Note Donor may list any
  medications they are taking)

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Unusual Collection

• Observed Collections
• Same Gender as Employee
• Specimen is Out of Temperature Range
• DER or MRO requirement
• Check for Devices used to Cheat the Test
• Return-to-duty Follow-up Testing

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Problem Collection

• Insufficient Volume (Shy Bladder)
• Employee May Drink up to 40 oz. Not a refusal if
  donor declines to drink
• Distributed reasonably through a period up to 3
  hours or until sufficient specimen provided,
  whichever occurs first

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Alcohol Testing Equipment

• Use of Screening Only devices ASD/EBT
• Advantage of EBT vs. ASD
• Used for Screening and Confirmation tests

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Saliva Alcohol Test
ASD
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Screening Devices
Alco-Sensor IV
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Approved EBT Device
RBT-IV
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EBT Requirements

• Approved by the National Highway Traffic Safety
  Administration (NHTSA), listed on the Conforming
  Products List (CPL) without asterisks
• Perform external calibration checks per
  NHTSA-approved Quality Assurance Plan (QAP)

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Test Refusals Common to Drug and Alcohol Tests

• Failure to appear within specified time
• Failure to remain at testing location
• Failure to provide urine specimen or breath
  sample as applicable for DOT test
• Failure to provide sufficient volume of urine,
  or breath without valid medical explanation
• Failure to undergo a medical examination
• Failure to cooperate with any part of the
  testing process

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Test Refusals Specific to Alcohol Tests

• Failure to sign the certification on Step 2 of
  the Alcohol Test Form

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Test Refusals Specific to Drug Tests

• Failure to permit an observed or monitor test as
  required (40.67 (1) and 40.69 (g)
• Failure to take a second test required by the
  employer or collector
• A drug test result that is verified by the MRO
  as adulterated or substituted

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Test Refusals Specific to Drug Tests

• As of August 25th, 2008 these
• are considered Test Refusals
• 1. An employee admits to the collector that he or
  she adulterated or substituted their specimen.
• 2. The employee behaves in a confrontational way
  that disrupts the collection process

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Test Refusals Specific to Drug Tests

• 3. The employee fails to follow the observers
  instructions to raise and lower their clothing
  and to turn around to permit the observer to
  determine if the employee has a prosthetic or
  other device that could be used to interfere with
  the collection process
• 4. The employee possesses or wears a prosthetic
  or other device that could be used to interfere
  with the collection process
• 5. The employee refuses to wash his or her hands
  after being directed to do so

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• The following appeared in the 3/3/08
  Caledonian-Record of St. Johnsbury, VT
• 2/29/2008
• Police Man Gets Shot to Avoid Work
• Associated Press
• PASCO, Wash. (AP) - What happened to faking a
  cough? Sheriff's detectives in Franklin County
  said a man had his friend shoot him in the
  shoulder so he wouldn't have to go to work.
• When he first spoke with deputies, Daniel Kuch,
  of Pasco, told them he'd been the victim of a
  drive-by shooting while he was out jogging
  Thursday.
• But detectives told KONA radio that Kuch later
  acknowledged that he asked his friend to shoot
  him so he could get some time off work and avoid
  an upcoming drug test.
• The friend, Kurtis Johnson, of Burbank, has been
  arrested for investigation of reckless
  endangerment.
• Kuch was booked into the county jail and is
  expected to be charged with false reporting.
• Detectives declined to say where Kuch works, or
  whether he still has a job.