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