
Question: Is it legal for a collection facility to require DOT donors (drivers) to wear examination gowns during a collection?
Answer: DOT 49 CFR Part 40.61 (f)(3) states that, you must not ask the employee to remove other clothing (e.g., shirts, pants, dresses, underware), to remove all clothing, or to change into a hospital or examination gown (unless the urine collection is being accomplished simultaneously with a DOT agency-authorized medical examination.)
Reflecting on the past year I would have to say we have seen many exciting and positive changes within C-DATA. We now are affiliated with and/or advertise in seven various Construction/Transportation Trade Associations. We have participated in various Trade Show Events with an impressive booth set-up, we have increased staffing to better service our clients and we now have three full-time Spanish bi-literate representatives and two outside field representatives.
The majority of our staff has been trained and certified in drug and alcohol collections and now offer on-site collections. We have experienced a steady continuous growth with many referrals from enforcement agencies, present clients, brokers, collection facilities and transportation services. In late December, C-DATA surpassed 10,000 enrollees in our testing pools of course none of this could have been accomplished if not for our committed, dedicated C-DATA TEAM and loyal clients.
Remember we encourage and welcome your inquires, if in doubt, we would rather have a situation completed properly than to try to correct it after the fact and risk jeopardizing your compliance.
Best wishes,
Lonnie
We would like to remind everyone that your annual MIS reports are issued only on request. Per the DOT Regulations §382.403 (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its driver. (e) A service agent (C/TPA) may prepare the MIS report on behalf of an employer. However, a company official (DER) must certify the accuracy and completeness of the MIS report, no matter who prepares it.
Note - the Owner-Operator is
both the employer and employee/driver for the
purposes of drug and alcohols testing, some exceptions
apply. Also, if you complete any of your testing
(e.g., pre-employment, post-accident, follow up,
etc.) outside of C-DATA and do not forward the
information to us for reporting reason, a MIS
report prepared by C-DATA will not have all of
your testing information listed correctly.
Annual and Bi-Annual Statistical Reports
Your company will only receive a statistical report directly from the Lab if there have been more than five tests performed within the reporting period. Our contracted Lab will automatically mail these reports directly to you at the end of every bi-annual period. If you do not receive your report within 30 days following the end of a bi-annual period, or you have not had five tests within the reporting period but you have a request from enforcement, please contact us for assistance.
Contact C-DATA at least 48 hours prior to your DOT or CHP BIT/CSAT Carrier Inspection for your Summary Reports 1-800-820-9314.
Miguel Aleman, Mexico Hit men, pistols tucked in their pants and walkie-talkies strapped to their belts, move freely in this city of sorghum farmers and cattle ranchers, dropping off their ostrich-skin boots with shoeshine boys in the citys plaza and stopping at local bars for a beer.
The openness with which they operate - in Miguel Aleman and countless other towns across Mexico - reflects the drug cartels grip on this nation of nearly 100 million people, and the power they have gained as the top supplier for Americans $65 billion illegal drug habit.
Mexican gangs also dominate
the growing methamphetamine trade, producing 53
percent of the drugs on the market in superlabs
in Mexico as the U.S. tightens its laws. Much
of the rest is made in clandestine labs in California,
also run by Mexicans, U.S. officials say.
As has been the case for nearly 100 years, Mexico
is the biggest marijuana supplier to the U.S.
and produces nearly half the heroin consumed north
of the border, behind only Colombia.
The drug trade permeates life in Mexico. In Miguel Aleman, drug traffickers boost the local economy and rule with a combination of fear and awe, threatening or bribing anyone who dares to try to stop them.
Crackdown Fallout
The Mexican rise to power is rooted in the U.S.
crackdown on drug trafficking through the Caribbean
in the 1980s, which pushed Colombians to use Central
America and Mexico as a major transshipment point.
Colombians began paying their Mexican counterparts in cocaine, rather than cash, reducing the need to launder money. That gave Mexican gangs an opening to begin taking over distribution in the United States.
Colombian gangs, facing tough extradition laws at home and stiff penalties in the United States, have largely gone into hiding in Colombia, focusing on production rather than distribution.
Key Cartels
Most Mexican drug gangs are led by former farmers
or police officers from the Pacific Coast state
of Sinaloa, an agricultural area where trafficking
in illicit substances dates back to Prohibition.
The countrys two top drug gangs are the Juarez Cartel, based in Ciudad Juarez, across from El Paso, Texas, and the Gulf Cartel, based in Matamoros, across from Brownsville, Texas.
Gaining ground is Joaquin El Chapo Guzman, an alleged ally of the Juarez cartel who escaped from a maximum-security prison in 2001 and has been warring for control of smuggling routes along the U.S-Mexico border.
Once mortal enemies, Gulf Cartel
leader Osiel Cardenas and his Tijuana counterpart,
Benjamin Arellano Felix, have united in jail,
hoping to keep both ends of the border under their
control, said Jose Luis Santiago Vasconcelos,
Mexicos top anti-narcotics prosecutor.
After taking office in 2000, Mexican President
Vicente Fox launched a crackdown, netting several
kingpins, including Arellano Felix and Cardenas.
But the arrests have done nothing to slow the
flow north, with seizures in 2004 increasing 25
percent over 2003.
Last year, Mexico seized 27.5 tons of cocaine, and another 24.7 tons were confiscated entering the United States, mainly through Texas, a top DEA intelligence official, Anthony Placido, told U.S. lawmakers.
The U.S. government estimates
that Americans spend $65 billion a year on drugs
- some $20 billion more than on alcohol.
Mexican traffickers profits have allowed
them to buy off hundreds of law enforcement officials
here, including the head of Mexicos anti-drug
agency, Gen. Jesus Gutierrez Rebollo, fired in
1997 and now jailed.
They also often provide the
only steady, high-paying jobs in rural Mexico,
and buy popularity by helping renovate a church
or outfit youth soccer leagues with uniforms.
Life isnt always peaceful, however. Recent
arrests have sparked a turf battle that forced
Mexico to send soldiers and federal agents to
many key cities along the 1,900-mile border.
The worst violence this year has been in Nuevo
Laredo, 100 miles east of Miguel Aleman.
More than 150 people have died, including a new
police chief, gunned down eight hours after taking
office in June.
Mexican and U.S. officials say the nations top druglords are battling for highly prized smuggling routes in Nuevo Laredo, the busiest commercial border crossing for U.S.-bound Mexican goods. Drugs are often hidden in tractor-trailers driving north.
Taint of Corruption
Soon after taking office in 2000, President Fox
reorganized the Attorney Generals Office
and tried to make the Federal Agency of Investigation,
Mexicos equivalent of the FBI, more professional.
But Daniel Cabeza de Vaca, Mexicos federal attorney general, told a Mexican Senate Commission in August that the agency, one of the few trustworthy law enforcement bodies in Mexico, had been corrupted.
U.S. officials privately grumble that Mexico,
unlike Colombia, has failed to extradite major
druglords to the United States, where most would
face long terms in high-security prisons.
Mexico argues the drug leaders must face justice here first. But attempts by Fox to clean up the justice system Mexicos most corrupt branch of government - have stalled in a hostile Congress.
Lonnie
Johnson
C-DATA Operations Director
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.