The University Community Health System (UCH) in Tampa, Fla., operates four free-standing clinics that provide comprehensive services to employers in three counties.
When the UCH/Helen Ellis Occupational Health Service received a fax from LabCorp in August 2007 “suggesting” it send all drug screen collector and breath-alcohol technician training documents to the National Qualified Collector Registry (NCQR) for review, the fax never made it to the OHS program director. Later, when another fax was received on behalf of Landstar Carrier Services and their TPA, USIS, also suggesting we sign up with the collector registry in order to continue receiving referral business, we took notice.
We wondered if we could really be in jeopardy of losing coveted workers’ compensation treatment, Department of Transportation physicals and other, non-DOT related business if we didn’t join the registry?
We assembled a list of all the drug testing TPA agreements we had on file (33) and then culled our database for others that may not have been correctly entered. We found UCH had more than 50 TPA agreements representing over 1,60o employers. We also participate in the eScreen drug testing network; UCH receives more than $230,000 in annual collections revenue through e-Screen alone. (eScreen, Inc., is a member of the NAOHP Vendor Program.)
We decided to list our clinics with the registry once we discovered the compounding value of participation. We wanted to be the first and only clinics in the Tampa market to be listed. That way, when employers and TPAs used the registry, they would find our collection sites first. Another immediate benefit was the ability to submit documents verifying that our collection sites and collectors were in compliance with DOT training requirements. We had to submit these documents just once, rather than repeatedly upon request, a time-consuming and tedious task.
The registry is also useful when attempting to refer a client company to a collection site in another region or state. When an occupational health program helps an employer find an out-of-state provider, it is acting as a de facto TPA and becomes subject to federal requirements. Using the registry ensures that referral locations are in compliance with federal rules, thus eliminating liability for the referring provider.
We consider the collector registry to be an important supplement to the networking opportunities we take advantage of through our participation in the NAOHP and as an e-Screen client. We see participation in all three organizations as an investment rather than as an expense because it gives us a marketing advantage and a chance to promote service excellence with employers and TPAs who may or may not be familiar with our program. We also save money because mandatory collector refresher training is provided to registry members at no additional charge.
Contact UCH/Helen Ellis Occupational Health Services 727-942-2518 For More Information
Saturday, February 9, 2008
Registry Verifies Drug Screen Collection Compliance
Legal Notebook
Visions jan/feb
Registry Verifies Drug Screen Collection Compliance
Employers who must comply with federal drug screening regulations are required to possess documentation confirming the competency of specimen collection personnel with respect to:
“There have been many reported cases throughout the country of employees who have tested positive for illicit drug use but who get their job back because the collector was not qualified or did not have proof that they were,” reports William Judge, an attorney who specializes in workplace drug testing regulations and editor of DT State Laws 2008, a multi-media subscription service available on the internet.
On Nov. 1, a House subcommittee on Highways and Transit held a hearing to discuss lack of compliance with the collector mandates, which went into effect in 2003. The hearing was held in response to a 2007 report in which a Minneapolis television station found that four out of five collection sites visited by undercover reporters failed to properly collect specimens or have proof of collector training. During the House hearing, representatives from the Government Accounting Office (GAO) said they plan to issue a full investigative report in May.
“That report will show that during the GAO’s own undercover investigation, the 24 sites investigated showed ‘flaws in all phases of the testing protocols,’” Mr. Judge said.
According to Mr. Judge, 22 of the 24 sites investigated by the government failed at least two required collection requirements; they have been referred to the DOT for enforcement action.
“During the question-and-answer portion of the hearing, training and having proof of training were mentioned as important solutions to many of the problems uncovered by the GAO,” Mr. Judge said. “In response to the hearing, many employers and third party administrators are now taking steps to ensure that collectors have proof of training.”
The DOT has pledged to investigate ways to step up enforcement of qualification and procedural rules. Meanwhile, John Hill, who heads the Federal Motor Carrier Safety Administration, reportedly has asked Congress for the authority to fine collection sites and employers for non-compliance.
Collector Registry
To help all parties achieve regulatory compliance in a relatively painless fashion, Mr. Judge and his colleagues established the National Qualified Collector Registry (NQCR) after the collection site verification law went into effect in 2003. The Collector Registry functions as a site auditor and lists qualified collectors on its website: www.collectorregistry.com. Once a provider location has completed an initial audit, any new personnel who become qualified as collection staff may be registered as soon as they complete and document their training.
Access to the registry is free for employers and third party drug screen program administrators. Drug and alcohol screening providers pay an annual fee of $99 per collection site to list their collectors’ qualifications. The fee covers access to related information and resources, including DT State Laws.
The registry simplifies the compliance process by eliminating the need for employers and TPAs to obtain individual credentials by fax. It is particularly useful for regional and national employers, such as transportation companies, whose employees use multiple collection sites. This system also helps providers, employers and TPAs remain in compliance despite high turnover rates among collection staff.
“The Collector Registry provides a simple, inexpensive solution to manage the information from collection sites so employers and TPAs can see at a moment’s notice if a collection site is in compliance with having the appropriate paperwork on hand,” Mr. Judge said.
For more information about the CollectorRegistry, visit www.collectorregistry.com or call 800-770-7118
Visions jan/feb
Registry Verifies Drug Screen Collection Compliance
Employers who must comply with federal drug screening regulations are required to possess documentation confirming the competency of specimen collection personnel with respect to:
- Qualification training-49 CFR 40.33(b);
- Initial proficiency demonstrations-49 CFR 40.33(c);
- Qualified monitor-49 CFR 40.33©(2);
- Keeping current on the rules-49 CFR 40.33(a); and
- Refresher and error correction training-49 CFR 40.33 (e and f).
“There have been many reported cases throughout the country of employees who have tested positive for illicit drug use but who get their job back because the collector was not qualified or did not have proof that they were,” reports William Judge, an attorney who specializes in workplace drug testing regulations and editor of DT State Laws 2008, a multi-media subscription service available on the internet.
On Nov. 1, a House subcommittee on Highways and Transit held a hearing to discuss lack of compliance with the collector mandates, which went into effect in 2003. The hearing was held in response to a 2007 report in which a Minneapolis television station found that four out of five collection sites visited by undercover reporters failed to properly collect specimens or have proof of collector training. During the House hearing, representatives from the Government Accounting Office (GAO) said they plan to issue a full investigative report in May.
“That report will show that during the GAO’s own undercover investigation, the 24 sites investigated showed ‘flaws in all phases of the testing protocols,’” Mr. Judge said.
According to Mr. Judge, 22 of the 24 sites investigated by the government failed at least two required collection requirements; they have been referred to the DOT for enforcement action.
“During the question-and-answer portion of the hearing, training and having proof of training were mentioned as important solutions to many of the problems uncovered by the GAO,” Mr. Judge said. “In response to the hearing, many employers and third party administrators are now taking steps to ensure that collectors have proof of training.”
The DOT has pledged to investigate ways to step up enforcement of qualification and procedural rules. Meanwhile, John Hill, who heads the Federal Motor Carrier Safety Administration, reportedly has asked Congress for the authority to fine collection sites and employers for non-compliance.
Collector Registry
To help all parties achieve regulatory compliance in a relatively painless fashion, Mr. Judge and his colleagues established the National Qualified Collector Registry (NQCR) after the collection site verification law went into effect in 2003. The Collector Registry functions as a site auditor and lists qualified collectors on its website: www.collectorregistry.com. Once a provider location has completed an initial audit, any new personnel who become qualified as collection staff may be registered as soon as they complete and document their training.
Access to the registry is free for employers and third party drug screen program administrators. Drug and alcohol screening providers pay an annual fee of $99 per collection site to list their collectors’ qualifications. The fee covers access to related information and resources, including DT State Laws.
The registry simplifies the compliance process by eliminating the need for employers and TPAs to obtain individual credentials by fax. It is particularly useful for regional and national employers, such as transportation companies, whose employees use multiple collection sites. This system also helps providers, employers and TPAs remain in compliance despite high turnover rates among collection staff.
“The Collector Registry provides a simple, inexpensive solution to manage the information from collection sites so employers and TPAs can see at a moment’s notice if a collection site is in compliance with having the appropriate paperwork on hand,” Mr. Judge said.
For more information about the CollectorRegistry, visit www.collectorregistry.com or call 800-770-7118
Sunday, December 9, 2007
GAO Undercover Investigation of Collection Sites
I was not quite sure how to approach this issue, but for everyone who operate clinics where drug test collections are conducted, they need to be aware of what's happening in Washington, DC regarding the collection process and upcoming enforcement possibilities. On November 1st, the U.S. House of Representatives Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit held a hearing to address, among other things, the lack of drug and alcohol collection site procedural compliance. This hearing stems from a February 2007 Minneapolis TV expose that revealed 4 0f 5 collection sites failed to properly collect samples or have proof of training.
During the hearing representatives of the Government Accounting Office (GAO) indicated that their full investigative report will be sent to Congress in May. That report will show that during their undercover investigation the 24 sites investigated showed "flaws in all phases of the testing protocols." 22 of the 24 sites failed at least 2 of the required collection requirements. Those sites have been referred to DOT for enforcement action.
FMCSA (Trucking) Administrator John Hill testified and asked Congress for the authority to levy fines against collection sites found to be in violation of DOT requirements. He said the administrative procedures designed to correct collection problems just don't work. DOT has promised to investigate ways to step up enforcement of qualification and procedural rules.
During the Q&A portion of the hearing, training and having proof of training (49 CFR Part 40.33) were mentioned as important solutions to many of the problems uncovered by GAO. In response to the hearing, many employers and TPAs are now taking steps to ensure that each collection site person has proof of training. Collection site personnel are increasingly being asked to produce their proof of training.
W.J. Judge, JD, LL.M.
708-771-9474 office
708-334-8010 mobile
Law Offices of W.J. Judge
NQCR - Manager of CollectorRegistry
www.CollectorRegistry.com
Saturday, November 10, 2007
What is the Collector Registry?
All right, what's going on here?
The National Qualified Collector Registry (NQCR) is administered by the Law Offices of William J. Judge. Since 1984, Mr. Judge has been a practicing attorney whose law practice concentrates on the issues relating to drug and alcohol testing in the workplace. As a ten-year faculty member of ACOEM (American College of Occupational and Environmental Medicine) and an advisor to ASAM (American Society of Addiction Medicine), Mr. Judge is one of the most experienced legal advisors on this topic in the country. This service was developed in response to the need created by the changes to "Part 40" (49 CFR Part 40) which became effective in August 2001.
What is the NQCR?
The working title for the National Qualified Collector Registry is CollectorRegistry, an online service that audits, archives and makes available drug test collector qualifications. NQCR does not charge for access to the documentation provided by registered collection sites. The information is available online for any employer or Third Party Administrator (TPA) to access.
So why does CollectorRegistry deserve blogger space on the internet?
Because after I get through this next part, the people who MUST make sense from all these rules and regulations to protect their jobs (let's be real, this is definitely about CYA), companies who must conduct substance abuse testing for all safety-sensitive positions, not too mention all the folks involved in finding collection sites for their corporate clients; and, of course, the drug and alcohol test collectors actually performing these millions of tests every year -- everybody responsible for making sure the tests are collected properly and reported accurately -- it all boils down to one thing:
If you refer somebody to a collection site to be tested, you better be sure that collector is qualified and you can prove it in a hurry - if you have to....
Background Information
As of January 31, 2003 each person, conducting a drug test collection for any employer following federal guidelines, must be qualified in accordance with federal rules (49 CFR Part 40). These rules call for proper training and documentation. There have been many reported cases throughout the country of employees who have tested positive for illicit drug use, but get their job back, because the collector was not qualified, or did not have proof that they were. This can be very costly to the employer, their TPA and to the collector.
The new rules preclude employers or their TPA from relying upon any assurance by collectors that they are in compliance. Federal rules state that "an employer's good faith use of a collector that is not qualified is no excuse and cannot serve as a defense to an enforcement action by DOT, or in an action by a former applicant or employee." These rules require collectors to produce written documentation of qualifications upon request.
Many large employers, who self-administer their testing programs, are at a loss as to how to be certain they have contracted with collectors that are properly qualified. This is, of course, without spending an extremely large portion of their total drug and alcohol testing budgets, auditing and maintaining up-to-date documentation of each collector at each collection site. Virtually all employers using third party administrators expect their TPA to handle the problem. Most TPAs however, have been struggling with finding a cost effective method of ensuring that the required documentation is collected and maintained.
Some employers and TPAs are merely calling their collection sites or asking them to sign a letter stating that their collectors have been trained. In our view, this type of solution is essentially a "good faith" reliance that the collector is qualified and, as was pointed out above, should not be substituted for actually gathering appropriate documentation. Should the need arise; litigators will feel far more comfortable being able to put their hands on a piece of paper documenting a collector's qualifications.
Since October 2002, Collection Site Audit Services, a service of the Law Offices of William J. Judge, has conducted hundreds of collection site audits and found many of those reviewed not qualified. Combine that with an extremely high turnover rate among collectors and it is easy to see that keeping up with collector qualifications is a difficult task for employers and their program administrators.
This is why the CollectorRegistry.com website was created. Employers and Consortia / Third Party Administrators must make sure the collection sites with whom they have contracts join CollectorRegistry.com.
We are in the business of providing peace of mind in a restless world ...
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