The current list of DHHS certified labs is published the first week of each month and is printed in the Federal Register under the Substance Abuse and Mental Health Services Administration (SAMHSA) heading. Only those labs certified can be used for FTA drug testing. The list should be checked monthly as new labs are being added and others are being removed.

Website location: http://
www.workplace.samhsa.gov/
ResourceCenter/lablist.htm

To verify the certification status of a laboratory, DHHS has established a telephone HELPLINE (800) 843-4971.

All FTA grantees and subrecipients are responsible for the full compliance of their system with the FTA drug and alcohol testing regulations including their contractors that perform safety-sensitive job functions. The only safety-sensitive contractors that are exempt from the rules are maintenance contractors that provide services for urban Section 5309 and 5307 funded systems that serve populations of 200,000 or less and Section 5311 rural systems. All other safety-sensitive contractors must meet the same standards for compliance as the grantee/subrecipient.

Consequently, grantees/subrecipients must oversee their contractors to ensure compliance. The regulation does not specify the nature or extent of oversight efforts. The regulation gives wide latitude to grantees/subrecipients to take whatever actions they deem necessary to ensure their contractors’ compliance. There is a wide array of oversight methodologies in practice within the industry reflecting the financial, political, and operational environment of each unique grantee. Some systems provide technical assistance, policy review and training, others conduct desk reviews using compliance checklists, while still others conduct periodic mock audits. All of these methods and many others are acceptable and represent a wide range of associated administrative burden and cost.

A common misconception among grantees/subrecipients is that the oversight requirements can only be met by conducting periodic, labor intensive, and costly mock audits. Some agencies have felt compelled to hire additional staff to address the resultant workload. This level of oversight is not a requirement of the regulation. Even though an aggressive program of mock audits and intensive oversight is commendable and offers a high level of compliance assurance, other less costly methods may be as effective.

The Best Practices Manual: FTA Drug and Alcohol Testing Program discusses contractor oversight and provides examples of contractor oversight checklists (Section 4.2 and Appendix C). These checklists can be used to document oversight efforts and identify areas that require corrective action.

The most successful oversight programs are ones based on a positive relationship between grantee and contractor where the two parties work together to ensure compliance. Often grantees offer resource materials, employee, supervisor and management training, and technical assistance to their contractors. Contractors can be included in the grantee’s random pool and piggyback onto the grantee’s contracts with service agents. It is also common for grantees to assist contractors in establishing record keeping procedures and preparation of MIS reports. Each of these low cost/no cost efforts are acceptable oversight techniques and improve the grantee’s level of assurance that contractors are in compliance.

Oversight programs that successfully identify problem areas and initiate corrective actions will enhance the integrity of each contractor’s testing program, minimize compliance issues, avoid potential legal conflicts, and improve the overall effectiveness of the program.