FOR YOUR INFORMATION FTA Drug & Alcohol
Regulation Updates
Issue 35, page 3
 
Collection Site Scrutiny Continues The integrity of the urine specimen collection process continues to be under scrutiny and has received national exposure with a recent story reported on NBC Nightly News. The news story, aired on November 1, 2007, reported the findings of a Government Accountability Office (GAO) undercover investigation that found it was surprisingly easy to cheat on random drug tests. The news report was aimed specifically at truck drivers, but the GAO findings are relevant for all employers covered under the DOT drug testing program including those in the transit industry.

The undercover investigation assessed the urine specimen collection procedures at twenty-four (24) drug testing sites. The procedural errors found were in direct violation of the testing procedures defined in 49 CFR Part 40.
  • 75% failed to restrict access to items that could be used to adulterate or dilute the urine specimen; individuals had access to soap, air freshener, and other potential adulterants in the privacy enclosure.
  • 67% had access to running water in the privacy enclosure.
  • 42% failed to ask the employee to empty his/her pockets and display items to ensure no items were present that could be used to adulterate the specimen. The GAO Investigators brought drug masking agents and synthetic urine (bought over the Internet) into the collection sites and mixed them with their specimen without being detected by trained collection site personnel.
  • 19% failed to check the temperature of the specimen.
  • 17% failed to add bluing agent in the toilet water or secure the tank with tape.
In addition, the Investigators used bogus identification to initiate the testing process in all (100%) of the 24 sites that were investigated demonstrating the ease at which safety-sensitive employees can send other (presumably drug-free) individuals to take the tests for them. Only two of the twenty-four sites followed all of the remainder of the testing procedures tested by the Investigators. The remaining twenty-two (91.7%) had two or more serious protocol violations. One site failed to adhere to 75% of the testing protocols.

Even though the results of this investigative report are alarming, experts in the field and DOT officials were not surprised by the findings. In fact, collection site protocol violations are a source of many FTA audit findings.

Based on random test results, the DOT estimates that less than two percent (2%) of truck drivers test positive for illegal drugs. The DOT has no estimate of how many truck drivers might be beating the drug testing process through the use of masking agents, specimen substitution, dilution or adulteration enabled, in part, by a flawed collection process. However, “Operation Trucker Check” conducted in Salem, Oregon in May 2007 suggests that the DOT estimate may be significantly underestimated. During a three-day period, Oregon state police collected anonymous urine samples from truck drivers during safety inspections. Of the 500 truckers involved, ten percent (10%) tested positive for drugs. Marijuana, methamphetamine, and opiates were the drugs must commonly detected.

In response, the DOT has developed a poster with ten key DOT drug testing protocols that are available to urine collection sites. These posters are designed to assist collectors in their efforts to follow the DOT testing protocols during the collection process. Collection sites may order copies of the poster from FTA’s publications clearinghouse by going to FTA’s website at http://transit-safety.volpe.dot.gov. Click “Publications” and then “Drug and Alcohol Program.”

In addition, the DOT sent notices to individuals on the DOT email list-serve, calling on employers and Consortiums/Third Party Administrators to make sure that each of their collectors and collection sites follow the testing protocols. They also asked collection site personnel and management to refresh their knowledge of 49 CFR Part 40 and the Urine Specimen Collection Guidelines, and to modify their Standard Operating Procedures if necessary. The FTA is requesting that covered employers strengthen their collection site compliance monitoring procedures and take corrective action where necessary. The FTA has also enhanced the scrutiny of collection sites during the audit process.

The GAO is currently examining options to deal with these and related drug testing issues. A report is expected to be completed in summer 2008.
For Your Information Page 3 Winter 2008 FTA Drug & Alcohol Regulation Updates
<< Previous Page     Next Page >>