newsUpdates
March 2009

Questions & Answers

The Use of the SS# or Employer ID# for Testing Purposes

Question - Our trucking company has its company drivers enrolled in AADT’s random drug and alcohol testing program. When we receive the random notification and clinic passport, it only lists the last 4 digits of our driver’s social security number, but when the driver goes in to the collection site the collector always asks for the full social security number. Do they have to give that information to the collector?

Answer - The chain of custody form (COC) is referred to as the “chain of command” it basically is the official record for the purposes of identifying all parties that are involved in the testing process from start to finish. Included in this process is the donor, collector, specimen pick up service, laboratory testing personnel, and the certified scientist at the medical review office responsible for reporting the test result. At the time of collection the collector will require a picture ID and request the donor’s SS# or employee identification number which is what is required in §40.35 (d), to list on the COC.

It is understandable with identity thief becoming more frequent, that many of us are uncomfortable with having our’s or our employee’s SS# written on a form where others may have access to that information; so many are opting to use an employer ID# or driver’s license number in lieu of their SS#. To my knowledge currently there is no federal law banning the use of the SS#, but separate laws vary from state to state to when and what is allowable, ranging from not at all to only the last 4 or 6 digits. Within the federal law for DOT testing purposes it would be acceptable for a collector to ask, but it is not mandatory that the donor comply.

AADT only uses the last 4 digits of the donor’s SS# on any printed documents from our office and has removed the physical address, and birthdate from the company profile when being mailed. We have made the submission of the SS# optional, but preferable. Since we have accumulated approximately 38,000 donor’s in our database over the past 14 years it is not uncommon to have duplicate names or even the same last 4 digits of the SS#, as well as different commercial driver license numbers (CDL) from different states for the same driver. But when you factor in the name, CDL, birth date and SS# you have a positive identity factor.

Until the CDL becomes universal from state to state, for now for potential employers, the use of the SS# is the most effective source of identifying an individual that may have a history of a positive drug and/or alcohol test. So you can see it puts all parties involved in a precarious situation. All of us would like to believe that once a donor has tested positive that the consequences will prevail and we have done our part to assure the safety of the general public, but as you can see, as hurdles are set in place it makes that goal much harder to accomplish.

Committed to Education
And Safety Awareness

In our commitment to education on safety awareness, AADT continues to feature articles, offer presentations, sponsorships and representations at various transportation, construction and drug free workplace events. In addition to the California Transportation News’ monthly articles for CDTOA members, Affiliates and Industry Associates, AADT’s feature articles have appeared in other transportation related publications pertaining to the towing and moving and storage industries. This month, I have included an article regarding the benefits of implementing a Drug Free Workplace Program that will be featured in the TowPartners Advice Spring Publication.

How Do Employers Benefit From
A Drug Free Workplace?

Today everyone is feeling the pinch during these challenging economic times. This economic crisis has us all looking for ways within our respective company’s to cut costs and save money. One area of potential savings that is often overlooked is drug and alcohol testing. Many believe that a drug and alcohol testing program is one of those “Catch 22” things – we “can’t afford it right now,” when in reality, once the many savings benefits are understood, a program really becomes something a company “can’t afford not to do”!
I’ve been involved within the drug and alcohol testing industry since 1999 and I’ve experienced a lifetime of knowledge, growing up and living around family members and friends with past generations involved within the heavy equipment, construction, trucking and transportation industry. I have seen my share of substance abuse and alcohol misuse among people at all levels. In turn, I have also heard the many excuses, blame, enabling behavior and regrets, as to why an employer did not have a drug free workplace policy and program in place or failed to consistently enforce the one they had.

Whether drug and alcohol testing is a mandated requirement for your business through various federal, state, county, city agencies or labor or trade contracts, or if you are concerned with the overall safety factors and well being of your employees, it’s a subject that we all should take seriously.

Drugs, whether illegal or prescription, are tightly controlled because of their effects on human behavior and health. It is a long proven fact that enacting a drug free workplace program within your company can ensure employees are aware of the dangers of substance abuse and alcohol misuse and can help to minimize on-the-job accidents, absenteeism, tardiness, and even employment turnover. Businesses that have an established drug free workplace program have experienced an increase in staff morale, motivation and productivity which in turn leads to increased customer satisfaction.
Every employer knows having employees is a very costly but necessary element of their business. There’s wages, employer taxes, benefits, insurance, and the time and effort invested into product knowledge and training unique to each person’s position. So when these operating costs are factored in along with the additional burden of accidents or incidences associated with legal expenses, insurance, unemployment or disability claims, thief, destruction or damage to the company’s assets (vehicles, machinery or equipment), the potential savings become very evident. Than there is the issue of the potential loss of your industrious efforts spent building your business and just one catastrophic accident claim could jeopardize your businesses future.

Additionally, many insurance products including workers’ compensation programs offer savings through incentive programs, some in the form of a discount on premiums or a percentage of their fees returned due to a reduction in filed claims.

Currently there are no federal laws prohibiting employers from pre-employment drug testing their employees. However, there are several states, cities and counties that restrict or question an employer’s ability to “randomly” drug test employees who are not in “safety-sensitive” positions. Some federal and states laws have certain restrictions on how the specimen may be collected from the donor. Therefore, it is extremely important that employers familiarize themselves with the various federal and state laws that may apply to their organization and consider seeking the advice of legal counsel or labor relations specialist prior to implementing a drug free workplace program.

Drug free workplace programs vary based on each organization’s specific needs. Whether it is a simplified version that defines the basic zero tolerance with immediate termination or a detailed version defining the company’s philosophies and rehabilitation expectations, regardless of your decision a written drug free workplace policy is the foundation of a drug free workplace program.

Develop A Drug Free Policy - Typically a drug free policy should provide written guidelines that prohibit employees from the possession, use, sale, or manufacture of illegal drugs and intoxicants while on company property, during work hours or while on company related functions. Define what is considered company property (i.e., desks, lockers, tool boxes, company vehicles, employee vehicles on company property, or job sights). A provision regarding fitness for duty should also be included stating that employees are expected to be in suitable mental and physical condition and able to perform their assigned job duties satisfactorily at all times. The policy should emphatically communicate the company’s position on illegal drugs, substance abuse and alcohol misuse and what employees can expect if the policy is violated. The policy must be carefully communicated with adequate notice to all employees. Deviation from the policy is sure bet for setting your program up for failure.

Determine Who Will Be Tested - Evaluate when, how, and for whom drug and/or alcohol testing will be conducted (i.e., job applicants, all employees, employees in jobs involving safety or security, employees in a supervisory position, etc.). Another consideration is whether testing will be periodic and announced or random and unannounced. If an employee has been involved in an accident will post accident testing be required and if so under what circumstances. Also, will testing be a requirement for employees that have been on an extended leave of absence.

Train Supervisors - Training for managers and supervisors is critical in identifying and preventing substance abuse cases. Supervisory training should address the physical, behavioral, speech and performance indicators of probable alcohol misuse and the use of controlled substances, proper documentation of questionable behavior, and how to constructively confront the employee. Managers and supervisors must be familiar with the disciplinary consequences of violating the company’s drug free policy and be consistent with the enforcement of those consequences.

Educate Employees - Education plays a key factor in the success of a drug free program. Making your employee’s aware of the dangers of drug abuse and alcohol misuse in the workplace make for a safe and productive work environment. A drug and alcohol education program provides employees with the information they need to fully understand and cooperate with and benefits from their company’s drug free workplace program and clearly communicates the consequences that may be imposed on employees for under the influence or possessing drugs and/or alcohol on the job.

Employers should relay the message that there is help available through drug and/or alcohol counseling, rehabilitation, and assistance programs for those in need. Sometimes employers even provide company wide training to supervisors and employees regarding the dangers of illegal drug use and alcohol misuse through the use of outside consultants or substance abuse professionals.

If it is determined that employees are using drugs and/or alcohol will the company allow for rehabilitation or will employees be subject to immediate termination. Also if suspicion is a factor, whether it is post accident or reasonable cause, suspension pending an investigation of the issue may be an appropriate recourse.

Will Assistance Be Provided - Experienced employees can be a valuable asset to a business and costly to replace. Employee assistance programs (EAPs) are a cost effective means of addressing poor work performance that may stem from employees’ personal problems, including substance abuse. Through an EAP an employee is offered individual counseling with a private therapist or substance abuse professional (SAP) to get to the root of the problem and to suggest a rehabilitation program tailored to the employee’s individual needs. Rehabilitation programs vary and can range from self-help group counseling to in or out patient addiction treatment centers. After care treatment with follow up testing, in some cases, is mandatory or optional in others, but can be monitored by the individual employer or a substance abuse counseling service.

Many times employers procrastinate implementing a drug free workplace program due to the misconception that it is too costly to develop a written policy or they have the overwhelming feeling of “how to even start”.

I have found the U.S. Department of Labor’s Working Partners web site (www.dol.gov/workingpartners) to be one of the most extensive resources for assistance in implementing a drug free workplace program and information is available to the public at no cost. There’s a tremendous amount of guidance here to help you build a tailored drug free workplace written policy and it all can be easily found by clicking on Drug Free Workplace Advisor link on the right hand side of the main screen.

So, in short, although establishing a drug free workplace program may seem to create an additional cost burden for your business; once you factor in all the many benefits I’ve identified here, in the long run, a drug free workplace program can prove to be a measurable cost savings and benefit for your business; and who doesn’t need that today?

Task Force Recommends CDL Program Improvements

The Federal Commercial Driver License (CDL) Program is a highway safety program with the task force, the CDL Advisory Committee, which was formed by the Department of Transportation (DOT) as federally mandated by Congress as part of the 2005 Safe, Accountable, Flexible, and Efficient Transportation Equity Act.

The DOT released a report on January 8, 2009 with the following task force recommended:

It’s very clear that the DOT is aware of the many problems that exist within the commercial transportation community and the need of universal uniformity in many levels. The full report can be seen online at www.fmcsa.dot.gov


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.