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.

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