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Beating The Cheaters

Beating The Cheaters. FTA NATIONAL CONFERENCE Milwaukee – April 2019. What is at stake? Who is vulnerable?. Employee (donor). Job preservation Promotional opportunities Avoiding additional (external) consequences. The Employer. Preserving your mission Reputation Compliance

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Beating The Cheaters

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  1. Beating The Cheaters FTA NATIONAL CONFERENCE Milwaukee – April 2019

  2. What is at stake? Who is vulnerable?

  3. Employee (donor) • Job preservation • Promotional opportunities • Avoiding additional (external) consequences

  4. The Employer • Preserving your mission • Reputation • Compliance • Federal, state, local laws • Potentially devastating financial costs

  5. The Public • Preventing impaired people from performing safety-sensitive functions • Assuring the traveling public that their transportation system is safe

  6. When are attempts made?

  7. The employee is prepared: • Vast resources exist to assist employees in cheating a test • Aware of collection site vulnerabilities • Planning vs. opportunity

  8. How do you stay ahead? • Review your collection site • Review testing program • Notification vs. arrival times • Efficient random testing • Selection list • Off hours and weekends/holidays? • Qualified Vendors

  9. The Collection Site

  10. The Tests • Alcohol Test • During • Equipment maintenance • Drug Tests • During & After

  11. During the Alcohol Test

  12. Alcohol Tests - During • Subpart L • 40.241(b) • 40.241(b)(1) • 40.241(g) • Air blank

  13. Alcohol Tests - During • 40.241(b): “Ensure that, when the employee enters the alcohol testing site, you begin the alcohol testing process without undue delay.”

  14. Alcohol Tests - During • 40.241(b)(1): “If the employee is also going to take a DOT drug test, you must, to the greatest extent practicable, ensure that the alcohol test is completed before the urine collection process begins.”

  15. Alcohol Tests - During • 40.241(g) “Direct the employee to complete Step 2 on the ATF and sign the certification. If the employee refuses to sign this certification, you must document this refusal on the “Remarks” line of the ATF and immediately notify the DER. This is a refusal to test.”

  16. Alcohol Tests - During • Air Blank • Alcohol remaining in the air

  17. Before/After the Alcohol Test

  18. Alcohol Tests – Before/After • Improper EBT Maintenance

  19. Before the Drug Collection

  20. Drug Tests - Before 655.45(h) • “Immediately” proceed to testing site 40.61(a) • “appropriate interval within which the DER has determined the employee is authorized to arrive”

  21. During the Drug Collection

  22. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  23. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  24. Employee’s ID • Check the photo • DOB on CCF match the ID? • DER’s identification is acceptable

  25. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  26. Outer garments • Donor must remove outer garments or loose-fitting garments • Jackets, sweatshirts, vests, etc. • Not down to undershirts/garments

  27. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  28. Empty Pockets • Require removal of all items • Collector must watch donor do this • Items may be returned immediately

  29. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  30. Insufficient Quantity • Carefully check the quantity • Best practice: Set higher goal if marking the container

  31. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  32. Improper D/O Procedures • Follow the actual protocols • Have observers available • Documentation

  33. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  34. Bottle Seals • Ask for clear writing • Initials must match • Barcodes must match • Watch for tears/rips • Note: It is notrefusal to test if they refuse to initial the bottle seals

  35. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  36. Step 5 • Must be completed before Step 4 • Check the information for accuracy and clarity • Recheck date of birth against ID • Document refusal to sign (this is not a refusal to test)

  37. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  38. Step 4 • Collector must complete Step 4 after donor completes Step 5 • Step 4 is a signed statement affirming the accuracy of the process • Must be appropriately filled out

  39. Drug Tests - During Subpart E • 40.61(c) Employee photo ID • 40.61(f) Outer garments • 40.61(f)(4) Empty pockets • 40.65(a) Insufficient quantity • 40.67 Not properly conducting a Directly Observed Test • 40.71(b)(7) Initial bottle seals • 40.73(a)(1) Sign Step 5 (employee) • 40.73(a)(2) Complete Step 4 (collector) • 40.73[general] Ensure that the specimen is secure until pick-up

  40. Specimen Storage • Where is the specimen kept for pick-up? • Is it secure? • Do you know the courier or shipping vendor? • Do you know when they pick-up?

  41. Drug Tests - During • Improper shy bladder procedures: • Unsupervised water intake • Come in close to closing time • Unsupervised waiting time • Unclear instructions

  42. Drug Tests - During • Improper shy bladder procedures: • If the employee refuses to drink fluids, this is not considered a refusal to test

  43. Overarching Concerns About the Collection Process • Adulterant or substitute • Ability to dispose of evidence • Donors fully monitored by collector • Facility secured • Federal procedure followed accurately

  44. After the Collection

  45. Drug Tests - After Subpart G • 40.121: A qualified MRO • 40.129(a)(4): Verification interview • 40.131(b) & (c): Staff performing interview

  46. Drug Tests - After Subpart G • 40.121 A qualified MRO • Ask for ALL documents • 40.129(a)(4) Verification interview • Confirm that the donor was contacted by the MRO • 40.131(b) & (c): Staff performing interview • Ask the employee who contacted them (if possible)

  47. Drug Tests - After Subpart I 40.191 – Refusals • Any refusal must be thoroughly documented • DER determines refusal, NOT the collector • Document times, conversations, statements, disposition, etc.

  48. Drug Tests - After • Disputes that arise after the collection will rely almost entirely on documentation • Ask for assistance or guidance from FTA • Collectors, MROs, MROAs, TPAs, and DERs may all be involved

  49. Differentiate the Actions • Employee-removal from safety-sensitive functions is the duty of the employer • Not the same as discipline, termination, etc. • May not necessarily have bearing on tests or test outcome

  50. Learn from History/Peers • Ask collection site if they have ever detected an attempt to cheat • Ask the MRO or TPA about their experiences • Keep it simple • Sophisticated devices are available, but the most likely area of concealment is in pockets or undergarments

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