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DOT COLLECTOR QUALIFICATION TRAINING and PROFICIENCY DEMONSTRATION (In accordance with 49 CFR Part 40)

DOT COLLECTOR QUALIFICATION TRAINING and PROFICIENCY DEMONSTRATION (In accordance with 49 CFR Part 40). 6 th Annual FTA Drug & Alcohol Program National Conference St. Louis, MO April 5, 2011. FMCSA. FAA. FTA. PHMSA. FRA. USCG*. *HSA. COURSE MATERIALS.

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DOT COLLECTOR QUALIFICATION TRAINING and PROFICIENCY DEMONSTRATION (In accordance with 49 CFR Part 40)

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  1. DOT COLLECTOR QUALIFICATION TRAININGandPROFICIENCY DEMONSTRATION(In accordance with 49 CFR Part 40) 6th Annual FTA Drug & Alcohol Program National Conference St. Louis, MO April 5, 2011

  2. FMCSA FAA FTA PHMSA FRA USCG* *HSA

  3. COURSE MATERIALS • DOT 49 CFR Part 40 (revised effective 10/1/2010) • DOT Urine Specimen Collection Guidelines(revised effective 10/1/2010) • DOT Agency Rules (e.g., Part 655 for FTA) • DOT video on Collection Site Security & Integrity • Collector checklists (courtesy of Lorri Smith)

  4. RESOURCES • DOT - Office of Drug & Alcohol Policy & Compliancewww.dot.gov/ost/dapc(202) 366-3784 • FTA - Drug & Alcoholhttp://transit-safety.fta.dot.gov/DrugAndAlcohol/default.aspx (617) 494-6336

  5. COURSE OBJECTIVE To provide DOT urine specimen collectors with basic information and qualification training required under 49 CFR Part 40, and prepare them for the proficiency demonstration that will follow.

  6. ASD DER IO KSA NOPE ODAPC OST PIE SVT

  7. ACRONYMS &ABBREVIATIONS • CCF - Custody and Control Form • CDL - Commercial driver’s license • DAPM - Drug and Alcohol Program Manager • DER - Designated Employer Representative • DOT - Department of Transportation • GAO - Government Accountability Office

  8. ACRONYMS &ABBREVIATIONS (cont’d.) • HHS - Health and Human Services • MFR - Memorandum for the Record • MRO - Medical Review Officer • ODAPC - Office of Drug and Alcohol Policy Compliance • SAP - Substance Abuse Professional • SVT - Specimen validity testing

  9. IMPORTANT TERMS/DEFINITIONS • Collector: A trained person who instructs and assists individuals at a collection site, who receives and makes an initial inspection of the urine specimens provided by those individuals, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF).

  10. IMPORTANT TERMS/DEFINITIONS (cont’d.) • Adulteratedspecimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.

  11. IMPORTANT TERMS/DEFINITIONS (cont’d.) • Dilutespecimen: A specimen with creatinine and specific gravity values that are lower than expected for human urine. The specimen is considered dilute when the creatinine is > than or = to 2 mg/dL but < than 20 mg/dL, and specific gravity is > than 1.0010 but < than 1.0030.

  12. IMPORTANT TERMS/DEFINITIONS (cont’d.) • Invalid Drug Test: The result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated or substituted test result cannot be established for a specific drug or specific validity test.

  13. IMPORTANT TERMS/DEFINITIONS (cont’d.) • Substitutedspecimen: A specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with human urine. A specimen is considered to be substituted when the creatinine is < than 2 mg/dL, and the specific gravity is < than or = to 1.0010 or > than or = to 1.0200 on both the initial and confirmatory tests.

  14. IMPORTANT EVENTS IN 2007-2008 • News reports and other investigations have raised concerns about significant vulnerabilities in DOT’s drug testing program. (e.g. FOX 9 undercover investigations of five DOT collection sites in Minnesota).

  15. IMPORTANT EVENTS IN 2007-2008 (cont’d) • Continuing use of products designed to “beat” the drug test brazenly marketed on the internet. (Examples: Whizzinator, Urinator, the Wedge) • Congressional hearings on challenges to establishing an effective drug testing program.

  16. IMPORTANT EVENTS IN 2007-2008 (cont’d) • GAO undercover investigations (May - September 2007) of DOT collection sites around the country focused on the motor carrier industry • GAO released report to Congress on options to improve drug testing programs and better identify illegal drug users and keep them off the road (May 2008).

  17. IMPORTANT EVENTS IN 2007-2008 (cont’d) • October 14, 2008: Federal prosecutors won a 19-count indictment against Puck Technology, maker of the Whizzinator and Number 1, and its owners (Gerald Wills and Robert Catalano) for fraud and selling drug paraphernalia.

  18. IMPORTANT EVENTS IN 2007-2008 (cont’d) • November 24, 2008: Wills and Catalano pleaded guilty to one count of conspiracy to defraud the federal agency that administers federal workplace drug testing programs, and one count of conspiracy to sell drug paraphernalia.

  19. Results of GAO Investigations Applicable to all Transportation Modes • Lack of compliance with specimen collection protocols (22 out of 24 were not in compliance with some of the protocols) • Subversion of the drug test is possible • Small vials in socks or undergarments containing synthetic urine or drug-free urine • Use of adulterants

  20. Results of GAO Investigations Applicable to all Transportation Modes(cont’d) • Limitations to the test itself (DOT only tests for 5 illegal drugs) • Lack of disclosure of past positive drug tests

  21. Options Identified by GAO(May 2008) • Providing and publicizing information regarding drug testing requirements through promotional materials, website, conferences • Increasing oversight and enforcement authority over service agents

  22. Options Identified by GAO(May 2008) (cont’d) • Strengthening the enforcement of safety audits for new carriers (FMCSA) • Adopting federal legislation prohibiting the sale, manufacture, or use of drug testing subversion products

  23. Our Ultimate Kit provides unsurpassed quality and price to provide you with...more info The Ultimate Kit (Human Urine) $89.95 The Ultimate Kit (Synthetic Urine) $99.95

  24. Get Ready To Strap On The Pissinator!

  25. Options Identified by GAO(May 2008) (cont’d) • Testing for additional illegal drugs or some prescription drugs • Developing a national database reporting requirement and authority to suspend a CDL for a positive drug test result or test refusal

  26. 2009 – 2010 UPDATES • DOT made available the Collection Site Security & Integrity poster and 10 Steps Video • H.R. 858 (Drug Testing Integrity Act of 2009) was introduced in Congress on 2/4/09 • S. 3638 (Public Transportation Safety Act) was unanimously approved by the Senate Banking Committee on 6/29/10 • DOT made revisions to 49 CFR Part 40 effective 10/1/2010

  27. FTA DRUG & ALCOHOL TESTING CIRCUMSTANCES • Pre-employment • Post-Accident • Reasonable Suspicion • Random • Return-to-Duty • Follow-up

  28. DOT DRUG PANEL Confirmatoy Cut-off (ng/mL) • Marijuana 15 • Cocaine 100* • Opiates Morphine/Codeine 2000 6 –AM (heroin 10* • Amphetamines 250* Methamphetamine 250* MDMA, MDA, MDEA 250* • Phencyclidine (PCP) 25

  29. DRUG TESTING PROCESS Step 1 Employer orders test Step 2: Collector collects urine specimen Step 3 HHS laboratory analyzes urine sample provided by employee and confirms test result(s) Step 4: MRO verifies lab test result Step 5: Employer (through DER) receives verified test result and takes action, as necessary.

  30. “THE COLLECTOR HAS A MAJOR ROLE IN THE SUCCESS OF THE DOT’S DRUG TESTING PROGRAM. THE COLLECTOR IS THE ONE INDIVIDUAL IN THE TESTING PROCESS WITH WHOM ALL EMPLOYEES HAVE DIRECT, FACE-TO-FACE CONTACT.” Source: DOT Urine Specimen Collection Guidelines

  31. AUTHORIZED COLLECTION PERSONNEL • Only collectors meeting Part 40 training requirements can collect DOT specimens • No certification required by DOT; but collector must have documentation of training completed to show to DOT agency representatives (e.g., FTA auditors) and to employers and TPAs when requested

  32. WHO MAY NOT SERVE AS COLLECTORS? • Immediate supervisor of the employee being tested • A safety-sensitive employee subject to DOT testing • An individual who works for a DHHS lab and can link the employee with a urine specimen, drug test result, or lab report • The employee himself/herself cannot collect his/her own specimen • Relatives, spouses, friends of the employee

  33. COLLECTOR TRAINING REQUIREMENTS • Basic Information: DOT Part 40, Urine Specimen Collection Guidelines, and applicable DOT agency regulations (e.g. Part 655) • Qualification training must include instruction on: • all steps necessary to correctly complete and transmit the Custody and Control Form (CCF) • problem collections (e.g. shy bladder, attempts to adulterate, insufficient volume, etc.)

  34. COLLECTOR TRAINING REQUIREMENTS (cont’d.) • “fatal flaws” and “correctable flaws” and how to correct them • Responsibility for maintaining the integrity of the process; ensuring the privacy of the employee and the security of the specimen; and avoiding offensive or inappropriate conduct or comments

  35. COLLECTOR TRAINING REQUIREMENTS (cont’d.) • Initial Proficiency Demonstration • Refresher Training • Error Correction Training

  36. PROFICIENCY DEMONSTRATION • Consists of five consecutive error-free mock collections (two uneventful, one insufficient volume, one temperature out-of-range, and one refusal to sign the CCF and/or initial the seal) • Monitored and evaluated by a qualified collector who has demonstrated the necessary knowledge, skills and abilities

  37. REFRESHER TRAINING • At least every five years • Must include elements of Qualification Training and Proficiency Demonstration

  38. ERROR CORRECTION TRAINING • Required after amistake that results in a canceled test. • Conducted within 30days of error notification • Covers only the subjectmatter area(s) where error(s) occurred

  39. ERROR CORRECTION TRAINING (cont’d.) • Completion of three error-free mock collections including one uneventful scenario and two related to the subject area(s) where error(s) occurred • Training and proficiency demonstration to be monitored and documented by person providing training.

  40. COLLECTION SUPPLIES • Collection kit (collection cup, specimen bottles, leak-resistant plastic bag, absorbent material, shipping container) • Federal Custody & Control Form (CCF) • Bluing or coloring agent • Single-use disposable gloves (recommended) Tamper-evident tape • Signs to prevent entry into the collection area (if necessary)

  41. COLLECTION SITE REQUIREMENTS • Must be secure at all times that collections are taking place • Must have all necessary personnel, materials, equipment, facilities, supervision, temporary storage of specimen, suitable clean surface for writing • Must have a facility for urination (e.g., restroom) that affords privacy. Can be a single-toilet restroom with a full length privacy door, or a multi-stall restroom with a partial length door

  42. COLLECTION SITE REQUIREMENTS (cont’d.) • Must have a source of water for washing hands, preferably external to the restroom • Can be in a medical facility, a mobile facility (e.g., a van) a dedicated collection facility, or any other facility meeting above requirements.

  43. Integrity Testing & Safety Administrators, Inc.

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