Random Testing

As we continue to generate random test notices for the first quarter of 2006, I would like to take this time to cover some very important issues that C-DATA’s clients need to be aware of to assure their random testing compliance.

Owner-Operators Beware

It has been our experience that some owner-operators (O-O’s) may still have a misconception about their responsibilities to act on random testing notices. Throughout federal drug and alcohol testing regulations (CFR 49 DOT FMCSA Parts 40 & 382), the O-O is defined as both the employer and the employee when they operate under their own DOT/MC authority. It is important that O-O’s understand that when you receive a random test notification, you have officially been notified and are required to test immediately. All too often we hear the many excuses, such as:

• I thought I had 10 days.
• My wife told me, but I have been working out of town.
• I have just been too busy; I will do it some time next week.
• I forgot and now I don’t know what I did with my notice.
• I am not going to lose an $800 day to test!

C-DATA, as a third party administrator (TPA) offers a service to administer and manage a random test program that mainly selects drivers through the course of each year and notifies these drivers or companies, assists clients with statistical reports and finally acts as a record keeper. We have to abide by the same DOT regulations and we have to answer to the same enforcement agencies as our clients.

It seems sometimes O-O’s lose sight that they are small business owners and accountable for their actions. The ultimate responsibility for drug testing compliance does fall on them. One would think on the infrequent occasions they are selected throughout a calendar year, the non-compliance ramifications including “failure to test” which has the same consequences as a positive result, that all O-O’s would be anxious to comply with the regulations. A positive is a serious predicament, requiring an evaluation with a Substance Abuse Professional, counseling and a costly monitored follow-up testing program and can cost $1,200 to $5,000 over a 1 to 5 year period. A “failure to test – positive” could also lead to an “unsatisfactory” compliance review during your Carrier Inspection, possibly penalties and fines or even the loss of your operating authority. The down sides far out weighs the loss of an hour or two or even a day’s revenue. It’s not worth it!.

Collection Site Accessibility
C-DATA has over 425 authorized specimen collection sites within California and access to hundreds more nationwide. We have made every effort to offer 24-hour sites and take into consideration truck parking whenever we set up an authorized site. Our authorized sites have been supplied with pre-printed testing forms and supplies conveniently stored so any of our clients can test at any of our sites when open.

So, if you are out of the area and unsure of an available site, do not hesitate to call us. We can direct you to a site or we may be able to locate a site that can do a one-time collection.

Different situations may arise and if you feel the need for clarification we always encourage you to call us at (800) 820-9314, 8:00 am - 5:00 pm, Monday through Friday.

Employers (Including O-O’s)
Our random testing selections are on a quarterly basis per calendar year. What this means is, in the case of an employer that has a driver which is selected for random testing, the testing needs to be completed within the testing quarter.

1st Quarter: January 1st - March 31st
2nd Quarter: April 1st - June 30th
3rd Quarter: July 1st - Sep. 30th
4th Quarter: October 1st - Dec. 31st

According to CFR 49 DOT FMCSA Parts 40, the minimum requirement for completed DOT random testing selections is 50% for drugs and 10% for alcohol per calendar year. So, C-DATA as a Consortium/Third Party Administrator (C/TPA) must assure we have reached these minimum requirements by the end of each year. With this in mind, if the random testing is not being completed in a timely manner we have to increase the random selections, which of course, increases the chances that many more than 50% of the pools drivers may be selected and increases the risk of over testing, which could eventually require an increase in program fees.

When you receive a random test notification, check to see if only drugs or both drug and alcohol are required. Because the required percentages are less for alcohol we have found many times the alcohol is not completed as an oversight by either the donor or the collector. In most cases, the donor wants to put the blame on the collector, but remember the ultimate responsibility is on the part of the donor to know what is required.

SAMHSA – Study Find 12.3 Million Drug Users

According to a study by the Substance Abuse and Mental Health Services (SAMHSA) 12.3 million American workers are considered illicit drug users. The study found 8% of all full-time employees and 10.3% of all part-time employees in the American workforce currently use illicit drugs. (SAMHSA defines “current illicit drug use” as at least once in the past 30 days).

Educational level was also found to be a factor in current illicit drug use among adults (persons 18 years of age or older), with the highest at risk group being those with some college, but no college degree

:• Some College, No Degree 8.7%
• No High School Diploma 8.6%
• High School Graduates 7.8%
• College Graduates 5.6%

The gender role was also considered in the study with the results indicating that males are more likely to be illicit drug users:
• Males 9.9%
• Females 6.1%

Although conclusions may be drawn as to the most likely candidates for illicit drug use, substance abuse is a tragedy that knows no boundaries, affects all segments of the population and the workforce and frequently defies probability that there is no typical substance abuser.

This study as well as many more can be found at www.oas.samhsa.gov

Lonnie Johnson
AADT Operations Director