Why One Occupational Health Program Joined the Collector Registry

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

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:

• 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).

These rules mean that occupational health clinics and other collection sites must be prepared to produce written evidence of collector qualifications upon request. 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 the Department of Transportation (DOT), or in an action by a former applicant or employee.”

“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