newsUpdates

February 2004



Semi-Annual Laboratory Statistical Summary

Our laboratories (LabCorp and PharmChem) forwarded the semi-annual laboratory statistical summaries to us in early January and we mailed them to our clients by January 15, 2004. Regulations require these summaries to be sent by January 20. If you had less than five drug tests conducted from July 1, 2003 through December 31, 2003, you will receive a letter stating you had less than five tests conducted instead of a summary. If you had five or more tests conducted, your summary will include what type of tests (pre-employment, random, etc.) were conducted and whether they were negative, positive, adulterated, canceled or substituted. You must keep this documentation for a minimum of two years; 5 years if the report includes a positive drug or alcohol test result indicating an alcohol concentration of .02 or greater. (Section 382.401, Title 49 CFR)

MIS (Management Information Systems) Reports

Each mid to late January, the Federal Motor Carrier Safety Administration (FMCSA) randomly sends MIS reports to carriers to complete and send back to them by March 15. If you are one of the “lucky” ones who have been selected, give us a call. We will help you complete the report. If you get an MIS report request, don’t ignore it! Failure to complete and return the report could result in a $1,000 fine! Call us at 1-800-820-9314.

Substance Abuse Professional (SAP) Qualification Training

The deadline has passed for SAPs to complete their qualification training (December 31, 2003). You may not be aware that many groups within the industry had written letters to the Office of Drug & Alcohol Policy and Compliance, the US Secretary of Transportation and the Federal Motor Carrier Safety Administration requesting that they extend the December 31, 2003 qualification training deadline for at least one year. Unfortunately, those requests were denied.

The reason given for the denial was there is a list of providers available and affordable who offer the training and/or examinations for the SAPs. The Office of Drug and Alcohol Policy and Compliance has posted the list of providers on their web site: www.dot.gov/ost/dapc/.

What happens if you choose not to use our SAP, Karmen EAP International to provide a program that meets all DOT 49 CFR Part 40? Or what if your driver is evaluated by to a SAP who has the credential according to the Federal regulations but has not completed the qualification training? That question was asked and the answer given to us was it will be up to the individual mode that regulates our Consortium members (CHP or USDOT/FMCSA) to decide what action would be taken.

It is advisable when contacting a SAP to ask for the documentation that he/she has gone through the qualification training before the driver starts the return to duty process. If the SAP cannot provide it, another SAP should be chosen. Documentation is the best proof.

C-DATA’s SAP is Dr. Karmen M. Payne, President and owner of Karmen EAP International. She has been in the Employee Assistance Program field for approximately 14 years and possesses an extensive educational background which includes: Doctorate in Hypnotherapy, Masters in Psychology, Bachelors in Psychology, Certified Employee Assistance Professional and Certified Substance Abuse Professional, among others. As noted Dr. Payne’s experience is very diverse in counseling and training. Dr. Payne’s business was founded in 1992 and is based in Costa Mesa, California with providers throughout the United States who are well equipped to provide all necessary services. Karmen EAP International and C-DATA will make every possible effort to connect employees with qualified providers that are within the individual’s local area. Contact

C-DATA with questions for an application.

 

Note that throughout this article, when I refer to the applicable federal regulations, I’m referring to CFR 49, Parts 40 & 382; these regulations can be found in Section 5 of the AADT Company Compliance Manual or in the AADT website at www.aadrugtesing.com under links at DOT Office of Drug and Alcohol Policy and Compliance at www.dot.gov/ost/dapc or Federal Motor Carrier Safety Administration at www.fmcsa.dot.gov.