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Where to Find? .....
DHH Labs
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:
www.workplace.samhsa.gov/
ResourceCenter/lablist.htm
To verify the certification status of a laboratory, DHHS has established a
telephone HELPLINE (800) 843-4971.
The information presented on this page
should be used to update Chapters 7 and 8 of the revised Implementation
Guidelines.
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Previous DOT Test Record Request Clarified
The DOT drug and alcohol
testing rule (49 CFR Part 40.25) states that all covered employers must
make a good faith effort to obtain DOT drug and alcohol testing records
for the previous two years for all applicants seeking safety-sensitive
positions. This requirement has been the source of confusion and
therefore, the following clarifications are provided.
- The authority for this requirement for FTA
covered employers comes directly from 49 CFR Part 40.25, not FTA.
Consequently, employers should not refer to FTA or Part 655 in their
request for information. The suggested format for the “Release of
Information” was provided in Issue 22, page 3 of the Updates.
- Part 40.25 also requires employers to ask all
applicants/transfers whether he/she has tested positive, or refused
to test within the past two years on any DOT pre-employment drug or
alcohol test administered by a DOT-covered employer for which they
were not hired. Consequently, this question must be incorporated
into the application process. Many transit systems have been deemed
non-compliant because they failed to implement this provision of the
requirement.
- The Federal Motor Carrier Safety Administration
(FMCSA) requires employers that are covered by 49 CFR Part 391.23 to
request information for a three-year period rather than the two
years required by the DOT. Since the FMCSA rule exceeds the DOT rule
requirements, employers that meet the FMCSA rule are considered to
be compliant with the DOT rule as long as the request for
information that the employee signs clearly defines the period of
coverage.
CCF/ATF Errors Cause Compliance Problems
Occasionally employers
and/or Third Party Administrators (TPA) use outdated Custody and Control
Forms (CCF) with the wrong laboratory or Medical Review Officer (MRO)
listed. When this occurs, urine specimens are being sent to the wrong
laboratories and results are being sent to the wrong MRO. Similarly,
TPAs sometimes use their own identifying information on the CCF and do
not complete the employer-specific information as required. Not only is
this practice a violation of the regulations (49 CFR Part 40.45(c)(2)),
but it may also result in test results being sent to the wrong employer
with corresponding time delays and confidentiality compromises. To
remedy these situations, review CCF forms to ensure that all necessary
information is provided on the form and that it is correct and
up-to-date.
If a screen test for alcohol results in an alcohol
concentration of 0.02 or greater, a confirmation test must be performed.
The confirmation test must be
conducted at least 15 minutes, but not more than 30 minutes, after the
completion of the screen test. The Breath Alcohol Technician (BAT) is
required to indicate on the Alcohol Test Form if the fifteen minute
delay between the initial screen and the confirmation test was met by
marking the appropriate “yes” or “no” box. One of these boxes should be
completed only if a confirmation test is required. Neither box should be
checked if a confirmation test is not required. If a box is checked in
error, this would be considered an audit compliance finding.
Consumer Alert on Breath Testing Devices
The Office of Drug and Alcohol Policy and Compliance (ODAPC)
published a consumer alert cautioning against the use of the “Alcohol √”
disposable breath alcohol screening device manufactured by Akers
Biosciences, Inc. of Thorofare, NJ. Recent testing by the National
Highway Traffic Safety Administration (NHTSA) found that the device had
been substantially modified, resulting in false positive and false
negative test results and was no longer in compliance with NHTSA
requirements for a breath screening device. Given this finding, ODAPC
asks that all regulated employers not use any of the Akers “Alcohol √’’
alcohol screening devices. |