Drivers Initialing Specimen Labels on the CCF is Wrong!

It appears that some drug collection site collectors are telling drivers to initial the specimen labels (that goes on the specimen bottles) while they are still attached to the custody & control forms (CCF). This is wrong!

The whole idea for a driver to initial the labels AFTER THEY ARE AFFIXED TO THE SPECIMAN COLLECTION BOTTLES is to ensure that it is his or her specimen.

When our lab Medtox became aware of this, a letter was immediately sent to all of the collectors and clinics that AADT members and clients use and were reminded to follow Dept. of Transportation (DOT) procedures at all times, No exceptions!

If you see or hear a collector is still letting the drivers initial the labels on the custody and control form, please let us know immediately. (See 49 CFR Part 40, Section 40.71 (b)(7))

Additional Post-accident Testing
If you revised your Drug & Alcohol Abuse Policy to include post-accident testing beyond what the DOT regulations state, please understand why your company has adopted these unique provisions and your liabilities associated with this special requirements. (See 49 CFR, Part 382, Section 382.303)

When asking clarifications about any type of post-accident testing situations, it’s important to let our customer services representative know that your company policy may be different concerning post-accident testing.

We rely entirely on what our members tell us about an emergency response call during our office hours. Sometimes we find on occasions that our member DID NOT have the authority to do the additional accident testing and this can create certain liabilities outside of DOT drug testing regulations.

Then to make it worse, if the driver tested positive or refused to test and our member terminated the driver, the driver could potentially turn around and sue the company for wrongful termination under certain state or federal labor codes!

We are trying to protect our members from liability, so it’s very important to know when you should test and when you may test an employee following an accident.

If you have any questions, AADT’s customer services specialist are available during all business hours (8 a.m. to 5 p.m., PST, Monday – Friday) for any drug & alcohol testing technical questions or assistance.

Drug & Alcohol Testing Abuse Company Policies
A reminder to all members and clients in our AADT’s drug and alcohol testing consortium, the Sample Drug & Alcohol Abuse Company Policy in your AADT Company Compliance Manual (Section 4), should only be used by our member clients who are actively participating in AADT. The Sample Policy is not provided to non-members or clients. The AADT staff attends various meetings throughout the year and maintains membership in a variety of industry associations who provide us with updates to the Dept. of Transportation (DOT) regulations to help provide our clients with updated Sample Policy or Policy revisions as new regulations go into effect. As stated in previous updates, we are already aware that more changes will need to be made to your D&A Policy next spring.

One of the great advantages of using AADT is providing you with an up-to-date Sample Policy you can adopt as your own, or you can revise to put in additional items per your request. You never have to worry when a DOT inspector or CHP MCS visits you as we can send you any important revisions to you when needed, and the USDOT and CHP inspector are well aware of the services we provide to our AADT members and our commitment to industry education and compliance. We also suggest that if you have legal counsel available, you should always have your company policies reviewed from time to time or when regulatory requirements are changed.

Our professional relationship with the enforcement industry puts AADT into a very positive light because our activities through CDTOA’s legislative and regulatory involvement. We continually reinforce that we test, not at 85 or 100 percent, but at the federal requirements: 50% for random drug tested and 10% for alcohol tests – for DOT regulated drivers/employees. We have instant access to our detailed random percentages at all times of the year and can provide this information when needed.

It’s also important to note that we purchase blind specimens from a toxicology laboratory and send them with fake names and ID numbers to check the quality of the laboratory’s testing. So there are many quality checks and costs associated with a program like AADT’s that most clients may not understand, but are required within these regulations. (Also see 49 CFR, Part 382, Section 382.601)

Again, AADT’s customer services specialist are available during business hours (8 a.m. to 5 p.m., PST, Monday – Friday) for any drug and alcohol testing technical questions or assistance.

FMCSA Conducts First National Drug and Alcohol Strike
Force Commercial Drivers Found in Violation Taken Off the Road

WASHINGTON – The Federal Motor Carrier Safety Administration (FMCSA) announced early November, 77 commercial bus and truck drivers are off the road and over 80 carriers face enforcement action as a result of FMCSA’s first national drug and alcohol strike force.

From September 8 to September 18, 2009 FMCSA safety investigators examined the drug and alcohol safety records of commercial drivers employed by bus companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies.

“Safety is the number one priority for the Department of Transportation. Parents need to know when they put their child on a school bus that the driver will get them there safely and that they are drug and alcohol free,” said U.S. Transportation Secretary Ray LaHood. “Violators of our drug and alcohol policies have no business driving a commercial vehicle. Programs like the drug and alcohol strike force are helping remove the most dangerous offenders from our roadways.”

The 77 commercial drivers who face the prospect of civil penalties for failing to adhere to federal drug and alcohol regulations can no longer operate a commercial motor vehicle and will likely face a monetary fine. Additionally, 84 commercial carriers face pending enforcement action for violations such as using a driver that has tested positive for illegal drugs and for not instituting a drug and alcohol testing program.

The goals of the strike force were to identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to try and evade federal drug and alcohol testing and reporting requirements.

Both drivers and carriers will have an opportunity to contest the alleged violations and the amount of the civil penalties.