December 2006
Questions & Answers
Question:
We received a call from an employer that had an employee test positive for marijuana. The employee explained to the employer that there must be a mistake. He stated that during the collection he was not able to produce enough urine so he had taken some of the water out of the toilet. He remembered at the time the water looked yellow, so it must have already been in the toilet from the person before him. Could this be possible?
Answer:
No, there are very specific guidelines that a collector must follow prior to and after each and every collection. One of the first steps is to properly secure all water sources which in the case of the toilet a bluing agent must be added to the water or use tamper-evident tape and cut off the water supply. So, if there were any access to the water in the toilet it would have been blue. The collector is also trained to inspect the specimen for any unusual color prompting a directly observed re-collection. In the case of a DOT collection the testing lab is also to note any unusual color when the specimen is sent in for testing. Lastly, if there was any possibility of adding water to the specimen the creatinine concentration and specific gravity levels would have been inconsistent with normal levels thus reporting as a diluted specimen, as well as the temperature would have been out of range causing it to report as a cold specimen. Refer to §40.41, 40.43 40.65 and §382.505DOT Urine Specimen Collection Guidelines for further clarification.
Count Down to the New Year
This year, C-DATA mailed out over 6,300 renewal notices for 2007, so one can imagine we have been franticly processing the returned renewal documents in addition to the daily duties of adding new accounts, filling requests to delete, add or change driver’s information, reports, assistance with inspections, collection site issues and processing quarterly random selections and results for year end.
Last year, we had implemented the new C-DATA Consortium Service Agreement (Form 003) and had anticipated some problems with the return of the form completed as we require. After having to contact and re-send hundreds of forms last year, this year we had hoped everyone would have been acclimated to the document and importance of filling it out properly.
Unfortunately, again we have seen hundreds of incomplete renewals returned which creates a very time consuming burden on the organization. We are very committed to having all documentation correct. I have listed some of the problems below we have experienced this year with the renewals. These problems are causing such renewals to be held-up and returned to the client pending the proper completion of the documentation.
Companies with Drivers
- Failure to have an authorized company DER sign the Renewal Form 005 - An authorized DER (Designated Employer Representative) is someone that C-DATA has a signed authorization on file by either the company owner or a previously designated representative.
- Failure to return the completed Consortium Service Agreement - The Consortium Service Agreement must be properly completed on the front with the company id number and name of the company and the back side must be signed by a DER and completed with the company address and date.
- Failure to submit the information to add a driver.
Owner-Operators
- Failure to sign the Renewal Form 005 – As an owner-operator this form must be signed only by you. So many times a wife or family member signs the form, but this agreement outlines the enrollment requirements of both parties and therefore is an agreement between the owner-operator and C-DATA only.
- Failure to return the completed Consortium Service Agreement - The Consortium Service Agreement must be properly completed on the front with the company id number and name of the owner-operator and the back side must be signed by the owner-operator and completed with the company address and date.
CDTOA Annual Paying Members
- Failure to send back required documents or either the Renewal Form 103 or the Consortium Service Agreement Form 003. It appears that many times annual dues paying CDTOA members (those that pay one annual membership fee) who are entitled to one free enrollment in C-DATA, are under the assumption they are automatically enrolled in C-DATA for the next year when they pay their CDTOA dues. It is not automatic, both the Renewal Form and the Consortium Service Agreement are agreements to the terms of each year’s enrollment and must be completed and returned each year.
We would also like to remind members and clients both that we must receive your properly completed 2007 Renewal in our office no later than December 15th to guarantee you will receive your 2007 Packet and Certificate by January 1st.
C-DATA Has Not Lost Its Competitive Commitment
Interestingly, I recently came across an old C-DATA (back then CalDATA) price list for 1997. I was pleasantly surprised to see that over the past 10 years we have been able to keep the enrollment fees and testing costs down, especially considering that the inflation rate alone has risen 22.2% during the same period. C-DATA’s enrollment fees only increased 7.3% and 16.1% for our testing fees.
For instance, the enrollment fees for non-CDTOA members with 1 to 10 drivers in 1997 was $89 vs. $96 per driver for 2007. And the enrollment for companies with 10 or more drivers was $74 vs. $72 per driver, so it actually decreased. If you refer to the chart below, you can see driver replacement fees also decreased and supervisor training experienced a minimal increase and many of the service fees have actually remained the same. The best part with all of this is that we believe that we have actually improved our services through increased staffing and training. So, how have we done this? - Mainly through vender contract negotiations (cost reductions), a well trained and efficient staff and of course the increase in business volume. This all goes to show that there is truly a benefit to numbers – and we have passed those savings along in the form of competitive pricing.
When Must the Employer Direct an Observed Collection?
As an employer, you must direct an immediate collection under direct observation with no advance notice to the employee if:
- The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to you that there was not an adequate medical explanation for the result
- The MRO reported to you that the original positive, adulterated, or substituted result had to be cancelled because the test of the split specimen could not be performed
- The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the specimen to you as negative-dilute and that a second collection must take place under direct observation. Refer to §40.197.
- As an employer, you may direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test. Refer to §40.67.
With the Holidays upon us, all of us at C-DATA would like to remind everyone when you get behind the wheel, a little alcohol or drugs (legal or illegal) can cause big problems. ONE DRINK CAN MEAN THE DIFFERENCE BETWEEN A CLOSE CALL AND THE END OF THE ROAD. Drive responsibly and if drinking, always have a designated driver. Your families want you back safely next year and so do we!
Happy Holidays from all the staff at C-DATA.
Lonnie
We are here to help!
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.