Category: Uncategorized

on

DOT Approves The Use of Electronic CCFS

49 CFR Part 40-Final Rule April 13th, 2015

The Department of Transportation (DOT) has finalized an administrative rule which will permit the use of electronic chain of custody forms for DOT drug testing. The DOT drug testing program currently requires a 5 page “hard” Federal Chain of Custody form and until recently did not permit electronic CCFs. This rule change will provide greater convenience and less opportunity for errors when scheduling and taking a DOT drug test.

This is good news for owner operators (CDL holders) and Transportation Companies Nationwide, the frustration and inability to get a DOT drug test unless you have a Chain of Custody form in your possession should be eliminated with this new process which will allow DOT drug tests to be scheduled utilizing electronic chain of custody forms.

For many years non-regulated drug testing programs have utilized electronic chain of custody forms, but the Federal Government did not consider this process to be valid when conducting a DOT drug test. This action by the Federal Government (DOT) will incorporate modifications to the existing Substance Abuse and Mental Health Services Administration (SAMHSA) chain of custody and control form.

This new rule which will permit the use of electronic CCFS for DOT drug testing, also specifically states that paper CCFS for DOT drug testing can continue to be utilized. All other requirements including the 5 panel DOT drug test, analysis by a SAMHSA certified laboratory and verification by a Medical Review Officer will continue to be required.

One of the primary benefits of this administrative rule includes the fact that electronic signatures can now be used on the electronic CCF for DOT drug testing, however utilizing electronic signatures required by Part 40 for any other purpose other than the CCF will continue to be prohibited.

There are several additional steps which must occur prior to the final implementation of the electronic CCF for DOT drug testing, these include the approval by the Department of Health and Human Services, National Laboratory Certification Program of any laboratories wishing to utilize eCCF for DOT drug testing.

For additional information regarding electronic chain of custody forms for DOT regulated drug testing, contact Accredited Drug Testing at (800)221-4291 or www.accrediteddrugtesting.net.

http://www.transportation.gov/odapc

http://www.gpo.gov/fdsys/pkg/FR-2015-04-13/pdf/2015-08256.pdf

on

Prescription Medication Policy

Employee Termination Upheld Due To Failure

To Comply with Employer’s Prescription Medication Policy

A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy.  Angel v. Lisbon Valley Mining Co., Case No. 2:14-CV-00733 (D. Utah Nov. 23, 2015).

Angel was employed as a haul truck driver at Lisbon Valley Mining Co., a copper mine. When he interviewed for the job, he was given a copy of the company’s prescription drug policy which he read and signed. The policy provided that employees taking prescription drugs that may impair their ability to safely perform their jobs must inform human resources of the use of such medications, and obtain a release from the company’s occupational physician authorizing the employee to work and specifying any work restrictions before the employee may return to work. The policy further provided that an employee’s failure to disclose that the employee is taking such prescription medications could result in immediate termination.

Approximately two months after his hire, Angel was selected for random drug testing and tested positive for Oxycodone. He stated that he had been taking that medication for about a month, while continuing to work, and without notifying human resources or presenting a copy of the prescription to human resources or obtaining a work release from the company’s occupational physician – all in violation of the prescription drug policy. Angel was terminated for his failure to comply with the company’s policy. The Company routinely discharged all employees who failed to comply with the prescription drug policy.

Angel asserted disability discrimination claims and a retaliation claim under the Americans with Disabilities Act (“ADA”). While he admitted that he never informed the company that he had a disability, he argued that after the positive drug test result, he advised the company that he took Oxycodone for back pain. The Court held that this statement was not enough to put the company on notice that Angel was disabled, and therefore his purported disability could not have been a determining factor in the decision to terminate his employment.

Angel also argued that the company failed to accommodate him by excusing the positive drug test result. The Court noted again that Angel never put the company on notice that he was disabled and never asked for any accommodation. Moreover, the Court observed that reasonable accommodation is always prospective, not retroactive.

Finally, as to Angel’s retaliation claim, the Court held that Angel did not engage in any “protected activity” and could not establish any causal connection between his termination and any alleged protected activity. All of his claims were dismissed.

This case highlights the importance of having a written policy requiring “safety-sensitive” employees (i.e., those with dangerous job duties) to report the use of prescription medications that may impair the ability to perform their job duties safely – before reporting to work while using such medications and before being selected for drug testing. Such reporting triggers an employer’s obligation to engage in the “interactive dialogue” required by the ADA to determine potential reasonable accommodation.  In this case, it was undisputed that the employee was aware of the policy and that he did not comply with it. If the employer did not have such a clear policy that was distributed to all employees — and that permitted it to take disciplinary action for violating the policy — the result may have been different. Employers must be careful, however, not to apply such policies to non-safety-sensitive employees because there is no business justification to do so.

– See more at: http://www.natlawreview.com/article/employee-termination-upheld-due-to-failure-to-comply-employer-s-prescription?utm_source=hootsuite#sthash.zMy4kXv9.dpuf

on

Molly Drug Ring Brought Down in Miami Area

February 8, 2016
The ring leader of Miami’s biggest Molly trafficker is appearing in court facing importing and possession with intent to distribute charges of the Molly Drug Ring Brought Down in Miamipopular party drug. Molly, or Ecstasy/MDMA, is a psychoactive synthetic drug that alters mood and perception.

Molly, which refers to the alleged “pure form,” often comes in powder form sold in capsules. These capsules, are cheap and generally sold in bulk. It is not uncommon for dealers to have large quantities of Molly, for the sole purpose of distributing to the masses.

Molly can affect the body’s ability to regulate spikes in the body temperature, that can occasionally result in liver, kidney, or heart failure, and possibly death. Many users will take a combination of Molly with other drugs and or alcohol not knowing the possible dangers. A popular venue for the distribution are at concerts or multi-day music festivals, known as raves. Miami hosts the Ultra Music Festival every year. Ultra Music Festival is three-day long festival that hosts multiple artists of various types of music including Electronic Dance Music, “or EDM,” and Hip-Hop with record breaking crowds.

Concerned someone you know or love has been using Molly? Accredited Drug Testing is the premier source with local locations across the entire state of Florida to answer all of your drug and alcohol testing questions and needs!

With the surge in popularity of EDM, many venues are hosts to these multi-day festivals. Most venues are equipped with on hand medical staff to assist with emergencies, but many festival goers camp onsite, and are subject to being left unattended. Another major issue that arises are the sheer mass of crowds that attend these festivals. On site medical staff are only equipped to handle a few cases of medical emergencies, and with the ease of Ecstasy’s mass distribution some overdose cases may be overlooked, resulting in death.

Jorge Roman Hernandez, the trafficking groups leader, had the synthetic drugs imported from China and delivered to Transfreight International, a Miami-Dade company owned by his grandfather. Hernandez purchased the mass quantities of Molly from a Chinese lab over the Internet. Hernandez admitted to importing an upwards of 120 kilos of Molly, and laundering more than half-a-million dollars of money.

Hernandez is cooperating with authorities after being arrested in October, and is expected to receive a reduced prison sentence.

With drug and alcohol testing centers throughout the Miami area, Accredited Drug Testing Inc. is available to answer all of your drug and alcohol testing questions and needs. For more information contact:

Andrew Gormally
Marketing/Industry Relations Assistant
Andrew@accredtiteddrugtesting.com
http://accrediteddrugtesting.net/
(800) 221-4291
Accredited Drug Testing Inc
Health Screening USA Inc

on

Lawmakers and Industry Leaders Pushing for Job Site Alcohol Testing in New York.

March 1, 2016
Last month an ABC-7 Eyewitness News Investigators exclusive investigation caught construction workers in Manhattan drinking heavily Alcohol Testingduring lunch. The shocking footage has the City Council, Department of Buildings, and some construction industry leaders calling for mandatory alcohol testing.

The footage captured on an undercover camera, shows workers drinking numerous beers and taking shots of hard liquor. Over a 45-minute period the workers are drinking heavily whilst consuming little to no food, then returning to work, which included rigging cranes and operating various dangerous equipment. The workers were filmed drinking at three different locations, none of which seemed concerned for getting caught

For answers to all of your drug and alcohol testing questions and needs, Accredited Drug Testing is the premier source with local locations across the state of New York!

Last year, there were 18 construction fatalities in New York City alone. Lawmakers and industry leaders are taking steps to make mandatory drug and alcohol testing the law. In February, after a crane collapse killed a pedestrian, the New York City mayor implemented new crane regulations and quadrupled penalties for serious construction violations.

What is clear, is that mandatory drug and alcohol testing in safety sensitive positions should not be overlooked. Negotiations will have to begin due to its collective barging nature. Lawmakers will have to work with unions, independent contractors, and construction companies to come into agreement for mandatory drug and alcohol testing.  

Some sites already require mandatory drug and alcohol screening but not all do. This leads to major concerns given the safety sensitive nature of construction work. Impaired workers not only endanger their coworker’s lives, but those around the site.

The contracter at the center of the investigation, says he has fired some of the workers. The company also stated they would require mandatory drug and alcohol testing at all sites now. Accredited Drug Testing can easily perform on site drug and alcohol testing.   

With drug and alcohol testing centers throughout the New York City area, Accredited Drug Testing is there to answer all of your drug and alcohol testing questions and needs. For more information contact:

Andrew Gormally
Marketing/Industry Relations Assistant
Andrew@accredtiteddrugtesting.com
http://accrediteddrugtesting.net/
(800) 221-4291
Accredited Drug Testing Inc
Health Screening USA Inc

Related Article: ABC7NY.com: Investigators Exclusive: Union, lawmakers react after construction workers caught drinking

on

Riverside County Ecstasy Drug Seize Delivered From the Netherlands

March 3, 2016
Last month federal officials seized a package containing drugs with an Riverside County Ecstasy Drugestimated value of $22,250. The puzzle box sent from the Netherlands, contained puzzle pieces mixed with over 1,000 pieces of the illegal party drug Ecstasy.

The intended receiver of the package was taken into custody on suspicion of possession of a controlled substance for sale charges. Detectives also found an additional 125 Ecstasy and 90 Xanax pills in the suspect’s apartment.

Ecstasy, or Molly/MDMA, is a psychoactive synthetic drug that alters mood and perception. Ecstasy gained popularity in nightclubs and raves, but is now reaching a broader range of users because of it’s ease of accessibility and low cost.

Ecstasy can affect the body’s ability to regulate spikes in the body temperature, that can occasionally result in liver, kidney, or heart failure, and possibly death. Many users will take a combination of Ecstasy with other drugs and or alcohol not knowing the possible dangers.

It is not uncommon for dealers to have large quantities of Ecstasy, for the sole purpose of distributing to the masses. A popular venue for the distribution are at concerts or multi-day music festivals, known as raves.

With the surge in popularity of Electronic Dance Music, or “EDM”, many venues are hosts to these multi-day festivals. Most venues are equipped with on hand medical staff to assist with emergencies, but many festival goers camp onsite, and are subject to being left unattended. Another major issue that arises are the sheer mass of crowds that attend these festivals. On site medical staff are only equipped to handle a few cases of medical emergencies, and with the ease of Ecstasy’s mass distribution some overdose cases may be overlooked, resulting in death.

With drug and alcohol testing centers throughout the Lake Elsinore area, Accredited Drug Testing is there to answer all of your drug and alcohol testing questions and needs. For more information contact:

Andrew Gormally
Marketing/Industry Relations Assistant
Andrew@accredtiteddrugtesting.com
http://accrediteddrugtesting.net/
(800) 221-4291
Accredited Drug Testing Inc
Health Screening USA Inc

on

 

Nov 1 2016

Drug Testing Positive Results By Classification

Let’s take a more in-depth look at the statistics, facts, data, and outputs that have an impact workplace drug testing programs. Utilizing Quest Diagnostics as a resource, we will take a deeper dive into positivity by drug type.  

The Quest Diagnostics Drug Testing Index™ (DTI) measures these drugs by using a combination of three factors: drug category, specimen type, and workforce segment.

  • Substances are classified the following drug categories which include:
  • 6-AM (heroin)
  • Amphetamines
  • Barbiturates
  • Benzodiazepines
  • Cocaine
  • Marijuana
  • MDMA (ecstasy)
  • Methadone
  • Opiates
  • Oxycodones
  • PCP
  • Propoxyphene.
  • Specimen types referenced are Urine, Oral Fluid, and Hair.
  • The study examined three workforce segments: federally-mandated safety-sensitive employees; the general U.S. workforce; and the combined U.S. workforce.

The Drug Testing Index (DTI) is considered the most comprehensive compilation of workplace drug testing data that is available to industry, government, media, and employers for data and insights. The index utilizes a five-year snapshot which help identifies trends in positivity rates. If the positivity rate of a particular drug changes in the same path for several years and/or is observed across various specimen types, it may be viewed as a trend.

The 2015 data compiled in DTI analysis, Dr. Barry Sample, Senior Director of Science and Technology, Quest Diagnostics, reported that “the rate of amphetamine and heroin detection in urine drug tests and the rate of marijuana detection in oral fluid drug tests has increased annually for the past five years in the general U.S. workforce.”

Urine Drug Testing exhibited the following characteristics and insights:

  • Rate of amphetamine positivity increased in 2015, and has increased dramatically by 44 percent from 2011 to 2015.
  • Rate of marijuana positivity has increased by 26 percent since 2011. Furthermore, 45 percent of the general U.S. workforce in 2015 that had a reported positive drug test showed evidence of marijuana use.
  • Rate of heroin positivity has increased to an alarming 147 percent in the past five years.

These numbers illustrate that individuals in the workforce continue to use and test positive for amphetamine, marijuana, and heroin.  Furthermore, the most recent data from the National Survey on Drug Use and Health (NSDUH) reports that 67 percent of drug users in fact are employed. Consequently, employers should remain conscientious in their efforts to combat substance abuse in the workplace.
For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

John Burgos, CPC
Business Development Manager
https://accrediteddrugtesting.net
(800) 221-4291
Accredited Drug Testing Inc
Health Screening USA Inc

on

Safety Regulations Discussed After Deadliest Hot Air Balloon Crash In U.S. History

hot-air-balloon-crashThe National Transportation Safety Board (NTSB) announced that the pilot of the deadliest hot air balloon crash in U.S. history had seven different drugs in his system at the time of the accident.

The tragic event took place in the early hours of July 30, 2016 when Alfred Nichols was piloting a hot air balloon near Lockhart, Texas, with 15 passengers on board. The tragic event unfolded when the balloon crashed into a nearby field after colliding with high-voltage power line. All 15 passengers including Nichols, were killed in the accident and the balloon was substantially damaged after hitting the power lines and catching fire.

According to NTSB records, Nichols had a history of medical and psychiatric conditions which included, diabetes, depression, and he was being treated with several different medications commonly prescribed for chronic back pain, attention deficit disorder and fibromyalgia, among his other medical ailments.

Autopsy findings showed some alarming results. three of the medicines that were found in his system — diazepam (i.e. Valium), oxycodone (i.e. Oxycontin) and methylphenidate (i.e. Ritalin) — are drugs that legally prevent a pilot from obtaining a medical certificate and are not currently tested for on the DOT 5 panel drug screening requirements.

Other medicines that were found — cyclobenzaprine (a muscle relaxant) and diphenhydramine (i.e. Benadryl) — are medications that pilots are informed not to fly while taking, in as much as those drugs could impair the pilot and prevent the pilot from flying safely, per NTSB documents.

As it currently stands, the FAA does not require hot air balloon pilots to hold a medical certificate, while both fixed-wing and helicopter pilots do need this certificate. Although Nichols may not have legally been required to obtain a medical certificate to fly, depression is a disqualifying condition for pilot medical certification.

The FAA could possible issue a “special issuance of a medical certificate,” which allows pilots suffering from depression to fly, but only if the pilot proved that after six months of treatment, the pilot was clinically stable on one of four FAA-approved medications.

In this tragic accident, Mr. Nichols was found to have bupropion (an anti-depressant) which is not one of the four FAA-approved medications.

Upon further investigation, Nichols also had multiple arrests, convictions and incarcerations, which included five alcohol-related incidents, possession of drugs, and driving with a suspended driving license, according to FBI National Crime Information Center records and Missouri driving records, obtained by the NTSB.

Despite the mandatory requirement to report incidents of this type within 60 days of their occurrence, Nichols never reported any of his drug convictions or motor vehicle violations, according to testimony presented to the NTSB.

Even after discovering that Nichols failed to report alcohol-related motor incidents, the FAA ultimately dismissed legal enforcement action against the pilot, according to a July 29, 2013, letter sent by the federal agency to Nichols.

In an NTSB testimony today, the FAA said it decided not to pursue legal action against Nichols because of its “Stale Complaint Rule” and its inability to show “appropriate diligence.”

The “Stale Complaint Rule” is an FAA rule that says any complaint may generally be dismissed if the alleged offenses occurred more than six months before the time of the complaint, unless the FAA can show it took “appropriate diligence” in the case, according to testimony presented today at the NTSB hearing.

Furthermore, the FAA’s 2013 letter urged Mr. Nichols to document his alcohol incidents when applying for a future Airman Medical Certificate, even though the FAA does not require hot air balloon pilots to hold medical certificates.

FAA Federal Air Surgeon Dr. James Fraser explained at the NTSB hearing, though, that even if a pilot does not legally need a medical certificate, the pilot is still responsible from abstaining from flight if he is not fit to fly.

When asked whether the FAA should require a medical certificate for balloon operators, Fraser suggested it may be time for a change in policy.

“I feel a medical evaluation is a part of the holistic plan to keep the national air space safe,” Fraser said.

Following the hearing, NTSB Board Member Robert Sumwalt admitted that while the balloon industry and the FAA may have resisted change in the past, there may also be a renewed interest in cooperation with safety regulations.

For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

John Burgos, CPC
Business Development Manager
https://accrediteddrugtesting.net
(800)221-4291
Accredited Drug Testing

on

 

 

2017 will bring some new drug testing requirements for the Salt Lake City Police Department. The Salt Lake City Police Department will introduce random drug testing for its officers commencing January 2017.

The formal decision was communicated by SLCPD chief Mike Brown when he informed members of the Community Activist Group at their Nov. 2 2016 session. This decision was in direct response to a question as to why cops were not routinely submitting or being required to drug test.

Sgt. Brandon Shearer, a spokesman for the department, said “it’s never a bad idea to police yourself.” Sgt. Shearer anticipates that the random drug testing frequency will be monthly or quarterly and a percentage of the employees of the department would be randomly tested.

“A lot of other agencies do it,” Shearer said. “It’s just something we’ve never done.”

As in most cases a barrier to introducing drug testing has been cost. Estimates associated with implementing drug testing exceed a yearly rate of $100,000. The department has been faced with patrol car fleet in need of several repairs because of the lack of money for new vehicles, therefore drug testing has had to play second fiddle.

Unified Police Department’s spokesperson Lt. Justin Hoyal said his agency has been drug testing its officers since 2010. Officers are tested for illegal narcotics, prescription medication and alcohol. If tested positive, Hoyal said that officers faced “a variety of consequences that could lead to termination.”

A call to the current Salt Lake City Police union president Mike Millard seeking comment was not returned, but SLCPD spokesman Greg Wilking said the union fully supported the move. As long as the tests were random, “I’ll pee wherever you need me too,” he said.

For information regarding the effects of drug abuse – Click Here
For  information on a drug free work place – Click Here
For  information on substance abuse programs – Click Here
For information on DOT Drug / Alcohol Testing requirements – Click Here

John Burgos, CPC
Business Development Manager
https://accrediteddrugtesting.net
(800) 221-4291
Accredited Drug Testing

on

As the opioid epidemic continues to make headlines in the United States, there are many other consequential effects from the rise of drug use in recent years. Job loss to American workers seems to be one of them.

Employee Drug Use Increases

Employee drug use has increased in the last three years to its highest level in a decade, according to Quest Diagnostics, which performed more than 10 million employment drug screenings last year.  The increase is due in part to the heroin epidemic and the legalization of recreational marijuana in states such as Colorado.

Some companies are seeing as much as 20% of people failing drug tests, testing positive for anything between marijuana and amphetamines to crystal meth and heroin.

Refugees Filling The Gaps

The big factories throughout the United States are being hit the hardest when it comes to employees failing drug screenings. So, with every person that is fired there is a refugee there to pick up the slack. “They have a problem with the drugs, so like every time they fire someone, they replace him with the refugee, to be honest,” said Bassam Dabbah, who works at a U.S. Committee for Refugees and Immigrants field office in Erie, PA.

It’s interesting to note, that while many refugees are coming from war-torn countries like the Middle East, many have never seen drugs. Although there is a language barrier, refugees eager to work and who are drug free, make for perfect candidates to fill job gaps created by American drug use, especially in blue collar positions.

Because of the increase in positive drug tests, the refugees who have reached American are being welcomed with a warm hiring climate. In places like Louisville, Kentucky where people testing positive for meth in workplace drug tests are 47% higher than the national average, a refugee can typically find work within three days of arriving.

Good Source Of Labor

In places like Erie, Pennsylvania, who have been dealing with rising rates of overdoses, alcohol-related deaths and suicides, employers are finding it harder to look to the native residents to fill job positions. They feel like they have nowhere else to look, so immigrants are a great source of labor.

 

For more information on Drug Testing give us a call at (800)-221-4291 or send us a message at www.accrediteddrugtesting.net/contact-us

To see more information about this article, visit CNN.

on

Health and Human Services(HHS), Secretary, Tom Price recently received a letter advocating for the Federal Guidelines to allow for hair drug testing to be expedited.  This letter was not the first of its kind, approximately 1 month ago, a similar letter was sent to the Federal Motor Carriers Safety Administration(FMCSA) by seven Republican members of the House of Representatives.

The Senators signing the most recent letter included:

  • John Thune (R – South Dakota), chairman of the Commerce, Science, and Transportation Committee,
  • John Boozman (R – Arkansas),
  • Joe Manchin (D – West Virginia),
  • Deb Fischer (R – Nebraska) and
  • Ron Johnson (R – Wisconsin).

Hair drug testing has been a topic among drug testing industry professionals for years and has now begun receiving some support all in an effort to ensure public safety on our Nation’s roadways.

Many advocates for this proposed alternative method for Federally Regulated Drug Testing site the FAST ACT, (Fixing America’s Surface Transportation Act) which was signed into law by the Obama Administration on December 4, 2015

Under this law HHS was compelled to issue scientific and technical guidelines for hair testing by Dec. 4, 2016, and this deadline was not met.

Currently there are several larger trucking companies with the upmost safety in mind utilizing the 5 panel DOT urine drug test to meet federal drug testing requirements, while also incurring the additional cost to conduct hair testing for their applicants/employees.

These companies have the ultimate goal of deterring drug users from entering their ranks, thus positively impacting the quality of their employees and most importantly public safety.

Hair Testing vs Urine Testing

As you may be aware, hair testing provides a greater detection window for drug use vs. urinalysis. Hair tests can screen for drug use up to 90 days, while urine only screens for a window of 3-5 days.

Another advantage for hair testing and/or oral saliva testing would be the fact that the sample is taken under an observed collection which would also deter those individuals inclined to “cheat” a test under the current 5 panel DOT urinalysis method.

There are several carriers already testing drivers via hair sample, but they must also still utilize the urine sample tests to comply with the federal standards. The carriers argue that the tests are costly and repetitive.

Many Speculate that HHS will be finalizing their rule in regards to allowing alternative specimens other than urine in Federally Mandated drug and alcohol testing.  Once HHS has issued their final rule as to the science behind the alternative testing methods, then The Department of Transportation (DOT) will begin their implementation process and rule making procedures.

See below an excerpt of the Fast Act:

SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.
(B) in subparagraph (A) by striking ‘‘The regulations shall permit such motor carriers to conduct pre-employment testing of such employees for the use of alcohol.’’; and (C) by inserting after subparagraph (A) the following: ‘‘(B) The regulations prescribed under subparagraph (A) shall permit motor carriers—
‘‘(i) to conduct pre-employment testing of commercial motor vehicle operators for the use of alcohol; and
‘‘(ii) to use hair testing as an acceptable alternative to urine testing—
‘‘(I) in conducting pre-employment testing for the use of a controlled substance; and
‘‘(II) in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for pre-employment testing.’’

 

For more information please call 800-221-4291 or contact us online.