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Question - As an employer with DOT drivers, can I request that our drivers disclose specific prescription information if they are on a medication that could affect their driving ability? I believe we can have this written in our company drug policy, but is there anywhere in the DOT regulations that states whether a driver must disclose prescription information to the employer?
Answer - In DOT regulations, Part 382, specifically §382.213(a) it stated – No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, defined in §382.107, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle. (c) An employer may require a driver to inform the employer of any therapeutic drug use.
So that being said, §382.213(a) states that it is the driver’s responsibility to inform a licensed medical practitioner that they perform a safety-sensitive function as a profession prior to the medical practitioner prescribing medication. It would be wise of the driver to have the prescribing medical practitioner state in writing that when taking the medication as prescribed it will not have an adverse effect on the driver’s ability to perform a safety sensitive function. Of course chances are most medical practitioners will be reluctant to do so.
In §382.213(c), as the employer, you can (employer’s option) require a driver/employee to inform you of any prescription/therapeutic drug use provided the requirement is clearly stated in the employer’s written policy and the driver/employee had previously been informed of the written policy. Should the driver/employee fail to report such usage, the employer could take action against the driver/employee as outlined in the employer’s written policy.
As the employer, you may want to consider requiring a written statement from the driver/employee’s prescribing medical practitioner that when taking the medication as prescribed it will not have an adverse effect on the driver’s ability to perform a safety sensitive function before considering letting the driver return to a safety sensitive function.
MEDTOX Laboratory - The transition of moving to MEDTOX Laboratory as our primary lab is on schedule, our goal was to have everything in place by July 1st (3rd quarter randoms). MEDTOX sent a mass fax letter to all collections sites letting them know of the new billing protocol. All collection sites should have received the MEDTOX chain of custodies (COC/CCFs) and supplies with a copy of a notification letter and AADT protocol instructions. Following that communication, AADT sent a mass fax to all collection sites with a confirmation letter of the transition, AADT protocol instructions and a sample copy of the collection site clinic passport (Form 111).
In order to inform all of our AADT clients of the MEDTOX transition, we sent a letter explaining the MEDTOX transition and a copy of the revised collection site clinic passport (Form 111) to replace the one in their current Compliance Manual for future use. Unfortunately this caused the anticipated mass confusion, and inundation of calls asking…”what does this mean, what do I have to do, can I use the same collections sites”?
We also had the clients that failed to actually read the letter and assume any time they receive any correspondence from AADT it must be a random, so they either called upset that they had gotten selected again or they just went and tested! We make every effort to keep our clients informed through communication and detailed instructions, but it is fruitless if clients fail to completely read the information provided or do not contact us if they are confused or have questions.
SAPAA Conference - In April, I attended a conference workshop in New Orleans for the Substance Abuse Program Administrators Association. I received helpful input concerning drug free workplace case law; I attended a workshop on “How to Survive an Audit” and met with a group that offers a very reputable substance abuse professional referral service. AADT now has an additional option for our clients in need of a Substance Abuse Professional (SAP) for their Employee Assistance Program (EAP). Our referral services are competitively priced, offer a nationwide network of substance abuse professionals and provide monitoring services through the follow-up testing process.
CHP Tow Rotation - A few years ago, when the California Highway Patrol (CHP) first implemented their Tow Rotation Service Agreement for towing operators wanting to be included on the CHP rotation tow listing, we received a large amount of towing companies enrolling in our random drug and alcohol program to meet the tow rotation requirement. Each year the operators must re-submit their application and updated information to the patrol. The CHP enforcement of the tow rotation requirements varies between each of the CHP tow districts and area commander.
The following year, AADT experienced a drop off in enrollment of tow companies. Apparently many owners did not see any enforcement of the tow rotations drug and alcohol enrollment and testing requirements, so many didn’t want to spend the money.
Well this year, the feedback we have been receiving so far is very positive. The enforcement community has been far more aggressive toward verifying drug testing compliance as part of the CHP Tow Rotation Program eligibility. We were told that many cities/counties are requiring their tow operators to submit proof that they are approved for the CHP Tow Rotation Program or they will not issue them permits to operate within their cities/counties.
Texas Tow Expo - AADT personnel attended the Expo Apr. 30th - May 2nd in Houston, TX as an exhibitor.
We received some very good exposure; our booth was just across the aisle from Southwest Tow Operator Association (STO) and Texas Department of Licensing and Regulations (TDLR).
We had established a good rapport with both groups since we have been in contact with them from the beginning of the Texas Act, HB 2094 which legislatively created the framework for the licensing of all tow operators and vehicle storage facilities in that state and we were one of the first consortiums and random drug testing organization to be approved by the TDLR.
We received many encouraging comments from our client’s that are with us now. Many said they are really happy with our knowledge and service and introduced other colleagues, encouraging them to enroll with us. Some non-clients stated they were dissatisfied with their current consortium because they were not service oriented. Some said that their consortiums actually went out of business due to the economy, and others didn’t like that they were charged per test and had been selected to test every quarter so far. Others did not like the fact they can only go to one specific collection site which was very problematic when they were working out of the area.
We have advertised or been featured in TowPartners and California Tow Truck Association (CTTA) publications, Southwest Tow Operator Assoc. (STO) website, included in blast faxes and blast emails and sent postcards to members. At the various industries exhibitions that we have attended, many show attendees said they had seen our advertising, so they thought they would give us a try!
TDLR Ruling - Recently I was approached by the director of Southwest Tow Operator Assoc. (STO) with questions on random alcohol testing, since TDLR is now considering implementing this type of testing. (Currently the requirement is 25% random drug testing only, no alcohol). Upon STO Director’s request, I drafted an email in opposition of random alcohol testing and explained our experience with the DOT requirement being an additional burden on the employer with no significant validation for the requirement, especially when alcohol testing is allowable for reasonable suspicion, post accident, pre-employment, return to duty or follow up. In my 10 years of experience and considering the size of our testing pools we have not experienced one random breath alcohol positive. To date it is believed that TDLR has taken into consideration our recommendation and has reconsidered to not implement random alcohol testing – at least for now.
3rd Phase Renewals - The final phase of renewal notices were mailed the 2nd week of May to clients that have not renewed for 2009 and that we have not received any previous correspondence from the client or post office regarding the two prior notices.
AADT Business Snapshot - We have seen the largest growth in large engineering and construction companies requesting non-DOT testing for employees. Many of these companies are competing for government funded or public works jobs and it is a contract requirement or they have newly expanded in other states or already were in other states and using multiple TPA’s but want AADT to handle all facilities. We are also experiencing some growth from the towing industries in California and Texas and the trucking industry located mostly out of state.
Although AADT has experienced a drop in overall enrollment, especially within the California construction and dump trucking business, considering the state of the current economy, we at AADT feel very fortunate that we have been able to experience growth in other areas. We realize this could not be accomplished if it was not for our dedicated staff, loyal clients, industry colleagues and reputation that has been built by offering a higher standard of quality programs and services and for that, we are very thankful to everyone that has helped us to achieve that goal!
Sen. Mark Pryor (D-Ark) has submitted a bill to congress calling for a national drug clearinghouse database for commercial vehicle operators. The bipartisan bill would record positive drug and alcohol test results and records of refusals to test.
Called the Safe Roads Act, Senate bill S. 1113 directs the U.S. Dept. of Transportation to create the database and authorizes $5 million for the Federal Motor Carrier Safety Administration (FMCSA) to develop and deploy the clearinghouse.
Also, it would require medical review officers, employers and other service agents to report positive drug or alcohol tests to the FMCSA; require employers to cross reference prospective employees with the database prior to hiring and protect employees’ privacy and define employees’ rights to challenge the information in the database.
A national drug clearinghouse database for commercial vehicle operators has been a hot topic in the drug and alcohol testing industry for at least 10 years. As those in the industry know this would be a logical solution to aid in catching the drivers that have tested positive or refused to test and have just move on from one transportation company to another without the next hiring company having knowledge of the positive or refusal. This will be a major tool in limiting a trucking companies liabilities associated with accidents and incidents caused by drivers under the influence. It would make our public roadways a much safer place!
In January of this year, the Federal Commercial Driver License (CDL) Program, a highway safety program 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 had released a recommendation report to the DOT with high emphasis on the need for a national drug clearing house database.
Six German states have told retailers to stop selling Red Bull Cola energy drinks after a test found a trace amount of cocaine. The bans started after a sample test conducted by authorities in North Rhine-Westphalia state found 0.4 micrograms per liter in the drink.
Five other states also banned it from shops amid concerns over possible narcotics law violations. Germany’s Federal Institute for Risk Assessment said that the cocaine level was too low to pose a health risk. It planned to produce a more detailed report.
Meanwhile, Red Bull of Santa Monica maintains that the product in question, Red Bull Cola, is “harmless and marketable in both the U.S. and Europe.” Red Bull’s notes that their products contain analogous coca leaf extracts as a flavoring agent in the making of its cola, but insists that the illegal cocaine alkaloid is removed by law before being shipped outside the Andean region of South America. They claim that their own tests show no traces of actual cocaine.
In the wake of increasing violence along the U.S.-Mexico border, law enforcement officials have found that most of the drugs smuggled into the United States by the Mexican drug cartels are concealed in trucks that drive across U.S. border checkpoints.
Since the implementation of the North American Free Trade Agreement (NAFTA) in 1993 and the Mexican Truck Pilot Program in 2007, the number of trucks entering the United States has steadily increased and the ability to fully inspect trucks has waned. In fact, the media has reported that in 2008 alone over 3 million trucks crossed the U.S-Mexico border and only about five percent were inspected.
Due to a lack of safeguards in place to ensure Mexican truck drivers comply with homeland security and immigration laws, Congressman Gary Miller (R – 42nd Dist., OC/LA Co.) has adamantly opposed allowing Mexican trucks to have access to all U.S. roads. After he voted against the Mexican trucking program numerous times, Congress finally terminated the program in the recently enacted Fiscal Year 2009 Omnibus Appropriations bill.
Lonnie Johnson
AADT Operations Director
lonnie@aadrugtesting.com