Professional Adherence to the Intent of the Regulations: Test or Good Bye

On Thursday, December 29, AADT Customer Service Manager sent AADT Executive Director this email:

Lee,

We have an owner-operator (O-O) that we are not renewing for 2012 per our policy. The client had been selected once in 2010 and again in 2011, and both times failed to respond to the random request to test, which included 3 follow-up notices for each selection. When the client called to renew and was asked about this, he stated that there was a change of address, but we found it funny that the client had received his 2011 Certificate for enrollment and the renewal documents for both 2011 and 2012 at the address we have in the system. Plus, at no time did the client make any attempt to send us a new address, which is all clearly outlined in of our service agreement. I notified the O-O that we would not be renewing his agreement for 2012.
I have attached our O-O Service Agreement in which Part 2, Section 5, clearly spells out the responsibilities of the O-O. This is also reaffirmed in the agreement acceptance statement. The company service agreement has identical language.

It is important that our members and clients understand that AADT is strictly enforcing our policy. See especially Part 2, Section 5 in the standard AADT Service Agreement. The specific language states: "Failure to randomly test may also result in termination from AADT's program and O-O (owner-operator) agrees to the release of this information to any applicable enforcement agencies." This applies to both owner-operators and companies that are using excuses to not follow correct random testing procedures for themselves and their drivers.

Companies should be aware that the DOT-FMCSA is very clear on company driver selections. If a driver has been selected for a random test and they are legitimately not available (and you use a C/TPA like AADT), the next driver in your company will be selected as an alternative by AADT. If the same excuses come up for a particular company driver repeatedly within two consecutive random selections, we may be forced to terminate our business relationship. Clearly, this is not an idle threat.

Service Agreement Makes it Clear

On the back page of each new automatic renewing service agreement, in the last paragraph, there is an acceptance declaration that includes this affirmative statement:

I hereby agree to the terms of this Agreement and further acknowledge that I must participate with every aspect of this Agreement. I do recognize that AADT has the right to terminate my enrollment as a participant should I fail to abide by the terms set forth in this Agreement, including those terms outlined on the random test notifications, AADT's Price List and the back of the invoicing statements. This agreement shall be extended automatically for successive 12 month terms until you give us written notice of your desire to terminate this agreement, or this agreement is cancelled for any reason by AADT. (Signed: The Client)

Two points of importance to note: First, by signing the agreement, you are reaffirming the full participation language clearly outlined in the document. And second, you are confirming the understanding that it's an "automatically renewing agreement" and will not require another signed service agreement unless there are major changes associated with the company's status or regulations, or if either party chooses for any reasons to cancel the agreement.

Notice to Carriers: DOT Supervisory D and A Training

Companies Using Aggressive Marketing Tactics To Sell Services

Updated by DOT On: 12/1/2011

In recent months, the DOT has received numerous inquiries and complaints regarding companies using aggressive marketing tactics to sell supervisor training to employers who may be subject to the Federal Motor Carrier Safety Administration's drug and alcohol testing requirements. Please note that the FMCSA is not familiar with these companies or the training they are offering.
49 CFR §382.603 requires supervisors of CDL drivers to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use. The purpose is to qualify supervisors for determining when reasonable suspicion testing is needed.

The FMCSA does not certify trainers or training companies, nor does it pre-approve the curriculum presented. Employers are responsible for meeting the training requirement of 49 CFR §382.603, including ensuring that any training company/entity from which they purchase training provides training in the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. It is up to the employer to select which training to attend, keeping in mind the aforementioned guidelines. www.fmcsa.dot.gov/about/news/new-at-fmcsa/DOT-Supervisory-Drug-and-Alcohol-Training.aspx

AADT Counsel Sends Letter to Competitor

On or around July of 2010, we received a number of complaints about a company making deceptive claims to our clients about drug and alcohol testing services. On the third compliant, we notified our legal counsel and instructed them to send a letter of notice to the company back East, I believe from Connecticut that threatened legal action. One thing that we noticed was that this company was purposely targeting Latino businesses. If you receive a call like this from any company, please immediately call us at 800-820-9314.

We hope the new year proves to be good for all!
AADT Staff