Category: Drug Screening in Florida

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Drug Screening in Florida Live Scan Fingerprinting in Florida (General)

The Benefits for Florida Businesses to go Drug-Free

In 1990, legislation was enacted that created the Florida Drug-Free Workplace Program. The intent was to “promote drug-free workplaces in Florida, in order that employers (would) be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse by employees.” This legislation provides standardized criteria for employers and the worker’s rights by ensuring consistent, accurate and reliable test results. The success of a drug-free workplace program largely depends upon the commitment of management and labor to actively contribute to and support the implementation of the program. By using the guidelines set forth in the Workers’ Compensation Law, the workplace will be a safer place. Safer workplaces may mean fewer accidents, and fewer accidents mean lower workers’ compensation costs for the employer.

 

If you are in business, it’s time you know the facts….


The available data continue to indicate that substance abuse has a significant impact in the workplace, with costs estimated at over $100 billion annually. Data show that:

 

• Seventy-one percent of illegal drug users are employed.
• Alcoholism causes 500 million lost workdays each year.
• Drug and alcohol-related problems are one of the four top reasons for the rise in workplace violence.
• Of those who called the cocaine helpline, 75 percent reported using drugs on the job, 64 percent admitted drugs adversely affected their job performance, 44 percent sold drugs to other employees, and 18 percent had stolen from co-workers to support their drug habit.
• A study conducted by the Institute for Health Policy, Brandeis University, found substance abuse to be the number one health problem in the country, resulting in more deaths, illnesses, and disabilities than any other preventable health condition. While we do not yet have comprehensive data on the specific impact of workplace substance abuse, the data and studies available are compelling. For example:
• Drug-using employees at GM average 40 days sick leave each year compared to 4.5 days for non-users.
• Employees testing positive on pre-employment drug tests at Utah Power & Light were 5 times more likely to be involved in a workplace accident than those who tested negative.
• The State of Wisconsin estimates that expenses and losses related to substance abuse average 25 percent of the salary of each worker affected.

 

Despite recent news reports about the increased use of drugs, we continue to be encouraged that workplace substance abuse is a problem for which a solution exists. When the issue is addressed by establishing comprehensive programs, it is a “win-win” situation for both employers and employees. The following examples are illustrative.

 

A study of the economic impact of substance abuse treatment in Ohio found significant improvements in job-related performance:
• a 91 percent decrease in absenteeism;
• an 88 percent decrease in problems with supervisors;
• a 93 percent decrease in mistakes in work; and,
• a 97 percent decrease in on-the-job injuries.
• At Southern Pacific railroad, injuries dropped 71 percent.
• An electric supply company with 150 employees experienced a 39 percent decrease in absenteeism and a 36 percent increase in productivity.
• A construction company with 60 employees reduced workers’ compensation claims by $50,000.
• A manufacturer with 560 employees experienced a 30-35 percent decrease in industrial accidents.


Statistics such as these suggest not just that workplace substance abuse is an issue that all employers need to address but also that it is an issue for which there is an answer. Taking steps to identify those with substance abuse problems and offer a helping hand will not only improve worker safety and health but also increase workplace productivity and competitiveness.
No one wants to believe that a friend or a co-worker has a substance abuse problem. Subtle changes in behavior may not be recorded because no one knows how or wants to confront the problem. If there is a problem, ignoring it will not make it go away. Substance abuse problems do not get better if left alone, they only get worse. When these behaviors are ignored, workers who have a substance abuse problem continue to be a risk to themselves and their co-workers. By taking steps to eliminate drugs in your workplace, you will have a safer work environment, a more productive workforce, reduced workdays lost as a result of work accidents, and possibly lower workers’ compensation costs and premiums.

 

Implementing a Workers’ Compensation Drug-Free Workplace Program Can Save You $$$$$

 

An employer that implements a Drug-Free Workplace Program, and becomes a carrier certified drug-free workplace may be protected (in most cases) from workplace accidents that are a result of employees working under the influence of drugs or alcohol. Studies have shown a well-planned program to reduce substance abuse can increase productivity, reduce accidents, and decrease costs due to insurance claims. An employer implementing this program will also receive additional benefits:


~All employees will become more aware of the importance of safety in the workplace and will benefit from a safer work environment.
~When an employee incurs a work-related injury, and refuses to take a drug test when requested, the injured employee may forfeit eligibility for workers’ compensation benefits,regardless of the cause of the accident.
~An employee who loses a job or is denied employment as a result of a positive drug/alcohol test, may not qualify for unemployment compensation benefits. In that case, the contributory employer could be relieved of charges in connection with the unemployment claim.
~If drugs are found in the employee’s system at or above threshold levels, the injured employee may not be entitled to workers’ compensation benefits (Note: Case law may affect the injured employee’s eligibility to benefits). This benefit is provided to employers who are carrier certified and in compliance with the program. If the employer is not carrier certified as a drug-free workplace, and the injured employee is able to show that
the cause of the accident was not related to the presence of drugs in his/her system (i.e., if a heavy piece of equipment falls on the worker through no fault of his or her own), he or she may still be entitled to benefits.
~If you implement a drug-free workplace program and become carrier certified, you are eligible for a 5 percent credit to your workers’ compensation insurance premium.

 

Call us today and learn about IDENTICO’s Mobile Drug Testing solutions which are offered to local businesses and community organizations in South Florida. Say “No” to abuse of cocaine or marijuana at your workplace. Our mobile drug screening bus is capable to travel to your location and collect urine based drug tests on-site. The testing will be conducted in leading nationwide laboratories, and the results will be verified and signed by certified MRO (Medical Review Officer).

 

Contact us at (954) 239-8590 and we’ll stop unacceptable drug activities at your business.

 

IDENTICO LLC.

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Drug Screening in Florida Mobile Drug Testing Solutions

What Employees Need To Know About DOT Alcohol & Drug Testing. Part 3.

What are Medical Review Officers (MRO)?


Under DOT regulations, MROs are licensed physicians with knowledge and clinical experience in substance abuse disorders. They must also complete qualification training courses and fulfill obligations for continuing education courses. They serve as independent, impartial gatekeepers to the accuracy and integrity of the DOT drug testing program. All laboratory results are sent to an MRO for verification before a company is informed of the result. As a safeguard to quality and accuracy, the MRO reviews each test and rules out any other legitimate medical explanation before verifying the results as positive, adulterated or substituted.

 

How is an alcohol test administered?


The DOT performs alcohol testing in a manner to ensure the validity of the testing as well as provide confidentiality of the employee’s
testing information. At the start of the test, a Screening Test Technician (STT) or a Breath Alcohol Technician (BAT), using only a DOT-approved device, will:
• Establish a private testing area to prevent unauthorized people from hearing or seeing your test result.
• Require you to sign Step #2 of the Alcohol Testing Form (ATF).
• Perform a screening test and show you the test result. If the screening test result is an alcohol concentration of less than 0.02, no further testing is
authorized, and there is no DOT action to be taken. The technician will document the result on the ATF, provide you a copy and provide your
employer a copy.
If the screening test result is 0.02 or greater, you will be required to take a confirmation test, which can only be administered by BAT using an Evidential Breath Testing (EBT) device. The BAT will:
• Wait at least 15 minutes, but not more than 30 minutes, before conducting the confirmation test. During that time, you are not be allowed to eat, drink, smoke, belch, put anything in you mouth or leave the testing area.
Remember: Leaving the testing area without authorization may be considered a refusal to test.
• Perform an “air blank” (which must read 0.00) on the EBT device to ensure that there is no residual alcohol in the EBT or in the air around it.
• Perform a confirmation test using a new mouthpiece.

• Display the test result to you on the EBT and on the printout from the EBT.
• Document the confirmation test result on the ATF, provide you a copy and provide your employer a copy.
• Report any result of 0.02 or greater immediately to the employer.

 

If after several attempts you are unable to provide an adequate amount of breath, the testing will be stopped. You will be instructed to take a medical evaluation to determine if there is an acceptable medical reason for not providing a sample. If it is determined that there is no legitimate physiological or psychological reason, the test will be treated as a refusal to test.

Confirmation test results are the final outcome of the test. Result Action

Less than 0.02 No action required under 49 CFR Part 40.

0.02 – 0.039 Varies among DOT agencies. For example, FMCSA requires that you not resume safety-sensitive functions for 24 hours [382.505], while the FRA requires 8 hours [219.101(a)(4)]. The FTA & PHMSA require only that you test below 0.02 or cannot work until the next scheduled
duty period but not less than 8 hours from the time of the test [655.35 & 199.237 respectively]. And, the FAA requires only that you test below 0.02, if the employer wants to put you back to work within 8 hours [14 CFR Part 121, Appendix J, Sect. III.G]. Also, be sure to check other agency specific regulations for their restrictions.

0.04 or greater Immediate removal from safety-sensitive functions. You may not resume safety-sensitive functions until you successfully complete the return-to-duty process.

 

Should I refuse a test if I believe I was unfairly selected for testing?


Rule of Thumb: Comply then make a timely complaint. If you are instructed to submit to a DOT drug or alcohol test and you don’t
agree with the reason or rationale for the test, take the test anyway. Don’t interfere with the testing process or refuse the test.
After the test, express your concerns to your employer through a letter to your company’s dispute resolution office, by following an agreed upon labor grievance or other company procedures. You can also express your concerns to the appropriate DOT agency drug & alcohol program office. (See contact numbers listed in the Appendix.) Whomever you decide to contact, please contact them as soon as possible after the test.

 

What is considered a refusal to test?


DOT regulations prohibit you from refusing a test. The following are some examples of conduct that the regulations define as refusing a test (See 49 CFR Part 40 Subpart I & Subpart N):

 

• Failure to appear for any test after being directed to do so by your employer.
• Failure to remain at the testing site until the testing process is complete.
• Failure to provide a urine or breath sample for any test required by federal regulations.
• Failure to permit the observation or monitoring of you providing a urine sample (Please note tests conducted under direct observation or monitoring occur in limited situations. The majority of specimens are provided in private).
• Failure to provide a sufficient urine or breath sample when directed, and it has been determined, through a required medical evaluation, that there was not adequate medical explanation for the failure.
• Failure to take a second test when directed to do so.
• Failure to cooperate with any part of the testing process.
• Failure to undergo a medical evaluation as part of “shy bladder” or “shy lung” procedures.
• Failure to sign Step #2 of the ATF.
• Providing a specimen that is verified as adulterated or substituted.

 

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Drug Screening in Florida Mobile Drug Testing Solutions

Simple FAQ on Florida Drug-Free Workplace Program

Will becoming a drug-free workplace save me money on my workers comp insurance premiums?

If you implement a drug-free workplace program in accordance with the criteria set forth in s.440.102, Florida Statutes, you may be eligible for a 5 percent premium credit from your insurance carrier to your workers’ compensation insurance premium. In addition to the premium credit, having a Workers’ Compensation Drug-Free Workplace Program may make your workplace safer, resulting in fewer accidents, which may reduce your workers’ compensation costs.

 

Am I required to become a carrier certified drug-free workplace?

Becoming a carrier certified drug-free workplace is voluntary. However, without the certification, you would not be eligible for any of the benefits provided under this program.

 

Under the Workers’ Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?

In addition to the situations in which testing is mandatory, the law does not prohibit a private employer from conducting random testing or any other lawful testing of employees. A public employer may institute random testing of employees in “safety sensitive” or “special risk” occupations.

 

Can I use a breathalyzer as a valid drug testing method?

Under the Workers’ Compensation Drug-Free Workplace Program, the use of a breathalyzer cannot be used as a testing method for initial or confirmation tests.

 

What if an employee refuses to take a drug test?

If an injured worker refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits. If an employee or job applicant refuses to submit to a drug test, the employer is permitted to discharge or discipline the employee or may refuse to hire the applicant (if specified in the written Drug-Free Workplace Policy), since, by law, refusal to submit to a drug test is presumed to be a positive test result.

 

If a terminated employee files for unemployment compensation benefits, may I inform the adjudicator that the employee was terminated as a result of a positive drug test?

The adjudicator is bound to maintain this information confidential under s.443.1715(3)(b), Florida Statutes, until introduced into the public record pursuant to a hearing conducted under s.443.151(4), Florida Statutes. Under all other instances employers may not release any information concerning drug test results obtained pursuant to section s.440.102(8), Florida Statutes, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.

 

Can I post the results of my employees’ drug tests?

All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the employer through a drug testing program is confidential and cannot be posted in any public manner.

 

Call us today and learn about IDENTICO’s Mobile Drug Testing solutions which are offered to local businesses and community organizations in South Florida. Say “No” to abuse of cocaine or marijuana at your workplace. Our mobile drug screening bus is capable to travel to your location and collect urine based drug tests on-site. The testing will be conducted in leading nationwide laboratories, and the results will be verified and signed by certified MRO (Medical Review Officer).

 

Contact us at (954) 239-8590 and we’ll stop unacceptable drug activities at your business.

 

IDENTICO LLC.

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Drug Screening in Florida Mobile Drug Testing Solutions

What Employees Need To Know About DOT Alcohol & Drug Testing. Part 1.

Just entering the transportation industry? Performing tasks defined by the US Department of Transportation (DOT) as safety-sensitive, such as working on pipelines, driving a truck, operating a ferry, steering a train or repairing an airplane? Then, you are subject to DOT workplace drug & alcohol testing. Here are the basics you need to know about DOT’s program.

 

Who is subject to DOT testing?
Anyone designated in DOT regulations as a safety-sensitive employee is subject to DOT drug & alcohol testing. What follows is an overview of what
jobs are defined as safety-sensitive functions subject to testing.

 

Aviation FAA
Flight crews, flight attendants, flight instructors, air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military, aircraft dispatchers, aircraft maintenance or preventative maintenance personnel, ground security coordinators and aviation screeners. Direct or contract employees of I4 CFR Part 121 or 135 certificate holders, Section 91.147 operators and air traffic control facilities not operated by the FAA or under contract to the US Military. See FAA regulations at 14 CFR Part 121 Appendices I & J.

 

Commercial Motor Carriers FMCSA
Commercial Drivers License (CDL) holders who operate Commercial Motor Vehicles, 26,001 lbs. gvwr. or greater, or operate a vehicle that carries 16 passengers or more including the driver, or required to display a DOT placard in the transportation of hazardous material.See FMCSA regulation at 49 CFR Part 382.

 

Maritime USCG2
Crewmembers operating a commercial vessel.See USCG regulations at 46 CFR Parts 4 & 16.

 

Pipeline PHMSA
Operations, maintenance and emergency response.See PHMSA regulations at 49 CFR Part 199.

 

Railroad FRA
Hours of Service Act personnel, engine & train, signal service or train dispatchers. See FRA regulations at 49 CFR Part 219.

 

Transit FTA
Vehicle operators, controllers, mechanics and armed security.See FTA regulations at 49 CFR Part 655.

 

Remember: The tasks you actually perform qualify you as a safety-sensitive employee, not your job title. Also, some employees, like managers and
supervisors, may be qualified for these jobs but not currently performing them. Do they have to be tested as well? In most cases, yes…if that
employee may be asked at a moment’s notice or in an emergency to perform a safety-sensitive job. Be sure to check industry specific regulations
for further clarification.

 

Why are safety-sensitive employees tested?

The short answer is for the safety of the traveling public, co-workers and yourself. The longer answer is that the United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT Agencies to implement drug & alcohol testing of safety-sensitive transportation employees.

Within DOT, the Office of the Secretary’s Office of Drug & Alcohol Policy & Compliance (ODAPC) publishes rules on how to conduct those tests, what
procedures to use when testing and how to return an employee to safety sensitive duties. Encompassed in 49 Code of Federal Regulations (CFR) Part 40, ODAPC publishes and provides authoritative interpretations of these rules.

 

DOT agencies and the U.S. Coast Guard write industry specific regulations, spelling out who is subject to testing, when and in what situations. Industry employers implement the regulations that apply to them. The benefit to all employees affected by DOT regulations is that each agency’s
regulations must adhere to DOT’s testing procedures found at 49 CFR Part 40, commonly know as “Part 40.” For example, you may work in the rail industry and later work in the motor carrier industry, but the procedures for collecting, testing and reporting of your tests will be the same under Part 40.

 

What information must employers provide when I first begin performing DOT safety-sensitive functions?

Depending on the DOT agency over-seeing your industry, your employer may be required to provide you with educational materials and a company policy that explain the requirements of DOT’s drug & alcohol testing regulations and the procedures to help you comply. If you have not received this information, be sure to ask your employer about it.

 

What conduct is prohibited by the regulations?

As a safety-sensitive employee…
• You must not use or possess alcohol or any illicit drug while assigned to perform safety-sensitive functions or actually performing safety-sensitive
functions.
• You must not report for service, or remain on duty if you…
– Are under the influence or impaired by alcohol;
– Have a blood alcohol concentration .04 or greater; (with a blood alcohol concentration of .02 to .039, some regulations do not permit you to
continue working until your next regularly scheduled duty period);
– Have used any illicit drug.
• You must not use alcohol within four hours (8 hours for flight crew members and flight attendants) of reporting for service or after receiving notice to report.

• You must not report for duty or remain on duty when using any controlled substance unless used pursuant to the instructions of an authorized medical practitioner.
• You must not refuse to submit to any test for alcohol or controlled substances.
• You must not refuse to submit to any test by adulterating or substituting your specimen.

 

What drugs does DOT test for?

DOT drug tests are conducted only using urine specimens. The urine specimens are analyzed for the following drugs/metabolites:
• Marijuana metabolites /THC
• Cocaine metabolites
• Amphetamines (including methamphetamine)
• Opiates (including codeine, heroin, morphine)
• Phencyclidine (PCP)

 

Can I use prescribed medications & over-the-counter (OTC) drugs and perform safety-sensitive functions?
Prescription medicine and OTC drugs may be allowed. However, you must meet the following minimum standards:

• The medicine is prescribed to you by a licensed physician, such as your personal doctor.

• The treating/prescribing physician has made a good faith judgment that the use of the substance at the prescribed or authorized dosage level is
consistent with the safe performance of your duties.

Best Practice: To assist your doctor in prescribing the best possible treatment, consider providing your physician with a detailed description of
your job. A title alone may not be sufficient. Many employers give employees a written, detailed description of their job functions to provide
their doctors at the time of the exam.
• The substance is used at the dosage prescribed or authorized.
• If you are being treated by more than one physician, you must show that at least one of the treating doctors has been informed of all prescribed and authorized medications and has determined that the use of the medications is consistent with the safe performance of your duties.
• Taking the prescription medication and performing your DOT safety-sensitive functions is not prohibited by agency drug and alcohol regulations. However, other DOT agency regulations may have prohibitive provisions, such as medical certifications.
Remember: Some agencies have regulations prohibiting use of specific prescription drugs, e.g. methadone, etc…. If you are using prescription or


over-the-counter medication, check first with a physician, but do not forget to consult your industry-specific regulations before deciding to perform safety-sensitive tasks. Also be sure to refer to your company’s policy regarding prescription drugs.

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What Employees Need To Know About DOT Alcohol & Drug Testing. Part 2.

When will I be tested?

 

Safety-sensitive employees are subject to drug or alcohol testing in the following situations:


• Pre-employment.
• Reasonable Suspicion/Cause.
• Random.
• Return-to-duty.
• Follow-up.
• Post-Accident.

 

Pre-Employment


As a new hire, you are required to submit to a drug test. Employers may, but are not required to, conduct alcohol testing.
Only after your employer receives a negative drug test result (and negative alcohol test result – if administered) may you begin performing safety-sensitive functions. This also applies if you are a current employee transferring from a non-safety-sensitive function into a safety-sensitive position (even if it is the same employer).

 

Reasonable Suspicion/Cause


You are required to submit to any test (whether drug, alcohol or both) that a supervisor requests based on reasonable suspicion. Reasonable suspicion means that one or more trained supervisors reasonably believes or suspects that you are under the influence of drugs or alcohol. They cannot require testing based on a hunch or guess alone; their suspicion must be based on observations concerning your appearance, behavior, speech and smell that are usually associated with drug or alcohol use.

 

Random


You are subject to unannounced random drug & alcohol testing. Alcohol testing is administered just prior to, during or just after performing safety sensitive functions. Depending on the industry specific regulations, you may only be subject to random drug testing.

 

No manager, supervisor, official or agent may select you for testing just because they want to. Under DOT regulations, employers must use a truly


random selection process. Each employee must have an equal chance to be selected and tested.
Just prior to the testing event, you will be notified of your selection and provided enough time to stop performing your safety sensitive function and report to the testing location. Failure to show for a test or interfering with the testing process can be considered a refusal.

 

Post-Accident

If you are involved in an event (accident, crash, etc.) meeting certain criteria of the DOT agency, a post-accident test will be required. You will then have to take a drug test and an alcohol test. You are required to remain available for this testing and are not permitted to refuse testing.
Remember: Safety-sensitive employees are obligated by law to submit to and cooperate in drug & alcohol testing mandated by DOT regulations.

 

Return to Duty

If you have violated the prohibited drug & alcohol rules, you are required to take a drug and/or alcohol test before returning to safety-sensitive functions for any DOT regulated employer. You are subject to unannounced follow-up testing at least 6 times in the first 12 months following your return to active safety-sensitive service.

 

Follow-up


The amount of follow-up testing you receive is determined by a Substance Abuse Professional (SAP) and may continue for up to 5 years. This means the SAP will determine how many times you will be tested (at least 6 times in the first year), for how long, and for what substance (i.e. drugs, alcohol, or both). Your employer is responsible for ensuring that follow-up testing is conducted and completed, and your employer may have a policy that all follow-up tests are collected under direct observation. Follow-up testing is in addition to all other DOT required testing.

 

How is a urine drug test administered?


Regardless of the DOT agency requiring the drug test, the drug testing process always consists of three components:


• The Collection. (49 CFR Part 40, Subparts C, D, E)
• Testing at the Laboratory. (49 CFR Part 40, Subpart F)
• Review by the Medical Review Officer. (49 CFR Part 40, Subpart G)

The Collection


During the collection process, a urine specimen collector will:
• Verify your identity using a current valid photo ID, such as driver’s license, passport, employer issued picture ID, etc.
• Create a secure collection site by:
– Restricting access to the site to only those being tested.
– Securing all water sources and placing blue dye in any standing water.
– Removing or securing all cleaning products/fluids at the collection site.


• Afford you privacy to provide a urine specimen.
– Exceptions to the rule generally surround issues of attempted adulteration or substitution of a specimen or any situation where general questions of validity arise, like an unusual temperature.


• Ask you to remove any unnecessary garments and empty your pockets (you may retain your wallet).
• Instruct you to wash and dry your hands.
• Select or have you select a sealed collection kit and open it in your presence.
• Request you to provide a specimen (a minimum of 45 mL) of your urine into a collection container.
• Check the temperature and color of the urine.
• In your presence, pour the urine into two separate bottles (A or primary and B or split), seal them with tamper-evident tape, and then ask you to sign the seals after they have been placed on the bottles.
Remember: Neither you nor the collector should let the specimen out of your sight until it has been poured into two separate bottles and sealed.
• Ask you to provide your name, date of birth, and daytime and evening phone numbers on the Medical Review Officer Copy (Copy #2) of the Federal Drug Testing Custody and Control Form (CCF).

– This is so the Medical Review Officer (MRO) can contact you directly if there are any questions about your test.
• Complete necessary documentation on the Laboratory Copy (Copy #1) of the CCF to demonstrate the chain of custody (i.e. handling) of the specimen.
• Give you the Employee Copy (Copy # 5) of the CCF and may suggest you list any prescription and over-the-counter medications you may be taking on the back of your copy of the CCF (this may serve as a reminder for you in the event the MRO calls you to discuss your test results).
• Package and ship both sealed bottles and completed CCF to a U.S. Health and Human Services (HHS) certified testing laboratory as quickly as possible. If you are unable to provide 45 mL of urine on the first attempt, the time will be noted, and you will be:
• Required to remain in the testing area under the supervision of the collection site personnel, their supervisor, or a representative from your company,
– Leaving the testing area without authorization may be considered a refusal to test

• Urged to drink up to 40 oz. of fluid, distributed reasonably over a period of up to three hours,
• Asked to provide a new specimen (into a new collection container).

• If you do not provide a sufficient specimen within three hours, you must obtain a medical evaluation  within five days to determine if there is an
acceptable medical reason for not being able to provide a specimen. If it is determined that there is no legitimate physiological or pre-existing
psychological reason for not providing a urine specimen, it will be considered a refusal to test.

 

How do you know if you are taking a federal or a private company drug test?

All DOT drug tests are completed using the Federal Drug Testing Custody and Control Form. Those words appear at the top of each form.

Testing at the Laboratory
At the laboratory, the staff will:
• Determine if flaws exist. If flaws exist, the specimen is rejected for testing.
• Open only the A bottle and conduct a screening test. Specimens that screen positive will be analyzed again using a completely different testing
methodology.
– If the specimen tests negative in either test, the result will be reported as a negative.
– Only if the specimen tests positive under both methods will the specimen be reported to the medical review officer as a positive test.
• Report the findings of the analysis of the A bottle to the Medical Review Officer (MRO).
• Store the A and B bottles for any reported positive, adulterated, or substituted result for at least 12 months.
Remember: The Lab may conduct specimen validity tests (SVTs) to determine if the specimen was adulterated or substituted. Tests found to
be adulterated or substituted are also reported to the MRO and may be considered a refusal to test.

 

Review by the Medical Review Officer (MRO)


Upon receipt of the test result from the laboratory, the MRO will:
• Review paperwork for accuracy.
• Report a negative result to the Designated Employer Representative (DER).
• If the result is positive, conduct an interview with you to determine if there is a legitimate medical reason for the result. If a legitimate medical reason is established, the MRO will report the result to the DER as negative. If not, the MRO will report the result to the DER as positive.
• If the result is an adulterated or substituted test, conduct an interview with you to determine if there is a legitimate medical reason for the result. If a legitimate medical reason is established, the MRO will report the result to the DER as cancelled. If not, the MRO will report the result to the DER as a refusal.

 

• Report a non-negative test result to the DER if:
– You refused to discuss the results with the MRO;
– You did not provide the MRO with acceptable medical documentation to explain the non-negative test result.
• Inform you that you have 72 hours from the time of the verified result to request to have your B “split” bottle sent to another certified lab for analysis for the same substance or condition that was found in the A “primary” bottle.

 

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What Employees Need To Know About DOT Alcohol & Drug Testing. Part 4.

What happens if I test positive, refuse a test, or violate an agency specific drug & alcohol rule?

 

If you test positive, refuse a test, or violate DOT drug & alcohol rules:


• A supervisor or company official will immediately remove you from DOT regulated safety-sensitive functions.
• You will not be permitted to return to performing DOT regulated safetysensitive duties until you have:
– Undergone an evaluation by a Substance Abuse Professional (SAP);
– Successfully completed any education, counseling or treatment prescribed by the SAP prior to returning to service; and
– Provided a negative test result for drugs and a breath test less than 0.02 of alcohol. (Return to duty testing).
• Upon return to a safety-sensitive job, you will be subject to unannounced testing for drugs and/or alcohol no less than 6 times during the first 12
months of active service with the possibility of unannounced testing for up to 60 months (as prescribed by the SAP).

 

What are SAPs?

Under DOT regulations, SAPs are Substance Abuse Professionals. They play a critical role in the work place testing program by professionally evaluating employees who have violated DOT drug & alcohol rules. SAPs recommend appropriate education, treatment, follow-up tests, and aftercare. They are the gate-keepers to the re-entry program by determining when a safety-sensitive employee can be returned to duty.


SAPs are required to have a certain background and credentials, which include clinical experience in diagnosis and treatment of substance abuse-related disorders. They must also complete qualification training and fulfill obligations for continuing education courses. While SAPs do make recommendations to the employer about an employee’s readiness to perform safety-sensitive duties, SAPs are neither an advocate for the employee or the employer, and they make return-to-duty recommendations according to their professional and ethical standards as well as DOT’s regulations.

 

Remember: Even if a SAP believes that you are ready to return to work, an employer is under no obligation to return you to work. Under the
regulations, hiring and reinstatement decisions are left to the employer. Also, under FAA regulations, SAPs cannot return a pilot to duty without
the prior approval of the FAA’s Federal Air Surgeon.

 

How do I find a SAP?

There are several resources to finding a SAP. If you violate a DOT drug or alcohol rule, your employer is required to provide you with a list of SAPs’
names, addresses and phone numbers that are available to you and acceptable to them. Also, several organizations, that offer SAP training, maintain lists of SAPs. Don’t forget to search the internet or check your local yellow pages for any SAP listings.

 

Will I lose my job if I violate drug & alcohol regulations?

DOT regulations do not address employment actions such as hiring, firing or granting leaves of absence. All employment decisions are the responsibility of the employers. Under Federal regulations, the main requirement for employers is to immediately remove employees from performing DOT safety-sensitive jobs. Be aware that a positive or refused DOT drug or alcohol test may trigger additional consequences based on company policy or employment agreement.

 

While you may not lose your job, you may lose your certification or license to perform that job. Be sure to check industry specific regulations. For example, someone operating a commercial motor vehicle may not lose their state-issued CDL, but they will lose their ability to perform any DOT regulated safetysensitive tasks.

 

Will my results be confidential?

Your test results are confidential. An employer or service agent (e.g. testing laboratory, MRO or SAP) is not permitted to disclose your test results to outside parties without your written consent. But, your test information may be released (without your consent) in certain situations, such as: legal proceedings, grievances, or administrative proceedings brought by you or on your behalf, which resulted from a positive or refusal. When the information is released, the employer must notify you in writing of any information they released.

 

Will the results follow me to different employers?

Yes, your drug & alcohol testing history will follow you to your new employer, if that employer is regulated by a DOT agency. Employers are required by law to provide records of your drug & alcohol testing history to your new employer. This is to ensure that you have completed the return-to-duty process and are being tested according to your follow-up testing plan.

 

What should I do if I have a drug or alcohol abuse problem?
Seek help. Jobs performed by safety-sensitive transportation employees keep America’s people and economy moving. Your work is a vital part of everyday life. Yet, by abusing drugs or alcohol, you risk your own life, your co-workers lives and the lives of the public. Most every community in the country has resources available to confidentially assist you through the evaluation and treatment of your problem. If you would


like to find a treatment facility close to you, check with your local yellow pages, local health department or visit the U.S. Department of Health and Human Services treatment facility locator at http://findtreatment.samhsa.gov/. This site provides contact information for substance abuse treatment programs by state, city and U.S. Territory.


Also, many work-place programs are in place to assist employees and family members with substance abuse, mental health and other problems that affect their job performance. While they may vary by industry, here is an overview of programs that may be available to you:


Employee Assistance Programs (EAPs). While not required by DOT agency regulations, EAPs may be available to employees as a matter of company policy. EAPs are generally provided by employers or unions.


Note: Many employees believe they only need to contact an EAP counselor if they have a positive drug and/or alcohol test. Not true!
EAP programs vary considerably in design and scope. Some focus only on substance abuse problems; others undertake a broad brush approach to a range of employee and family problems. Some include prevention, health and wellness activities. Some are linked to the employee health benefit structures. These programs offer nearly full privacy and confidentiality, unless someone’s life is in danger.
Do you know what programs are available at your job? Be sure to ask your employer!

 

Voluntary Referral Programs

Often sponsored by employers or unions, referral programs provide an opportunity to self-report to your employer a substance abuse problem before you violate testing rules. This gives you an opportunity for evaluation and treatment, while at times guaranteeing your job. Be sure to check your company to see if there is a voluntary referral program.
Remember: Self-reporting just after being notified of a test does not release you from your responsibility of taking the test, and it also does not
qualify as a voluntary referral.

 

Peer Reporting Programs

Generally sponsored by employers or unions, you are encouraged or required to identify co-workers with substance abuse problems. The safety of everyone depends on it. Using peers to convince troubled friends and co-workers with a problem is one of the strengths of the program, often guaranteeing the co-worker struggling with substance abuse issues the same benefits as if he had self-reported.

 

Education and Training Programs (required by all Agencies) Topics may include the effects of drugs & alcohol use, company testing policies, DOT testing regulations and the consequences of a positive test. Materials may also contain information on how employees can get in touch
with their Employee Assistance Programs and community service hot-lines. In addition, supervisors sometimes receive additional training in the
identification and documentation of signs and symptoms of employee’s drug and/or alcohol use that trigger a reasonable suspicion drug or alcohol test.

 

Did you know?

Did you know that 6 out of 10 people suffering from substance abuse problems also suffer from mental conditions like depression?
Research has long documented that people suffering from depression try to self-medicate themselves through alcohol and other drugs. Typically, many of these individuals fail to remain clean and sober after rehabilitation because their underlying medical problem is not addressed and the cycle of self-medication begins again.


Remember: If you have substance abuse issues, there is a 60% chance that you are also suffering from an underlying mental condition like depression.Increase your chances of rehabilitation. Be sure to ask your doctor or other mental health professionals about depression as it relates to substance abuse issues.

 

But, I have more questions?
ODAPC is available to help answer anyone’s questions regarding DOT drug & alcohol testing regulations. Please contact us at 202-366-DRUG (3784) or visit our website at www.dot.gov/ost/dapc for frequently asked questions, official interpretations of the regulations and regulatory guidelines.


If you have questions regarding DOT agency regulations on a specific industry, contact the following agencies

 

· FAA Aviation -(202) 267-8442- www.faa.gov
· FMCSAMotor Carrier -(202) 366-2096- www.fmcsa.dot.gov
· FTA Public Transportation- (617) 494-2395- www.fta.dot.gov
· FRA Railroads- (202) 493-6313- www.fra.dot.gov
· PHMSA Pipeline- (202) 550-0629- www.phmsa.dot.gov
· USCG Maritime -(202) 372-1033- http://marineinvestigations.us

 

Categories
DOT Drug Testing Drug Screening in Florida Mobile Drug Testing Solutions

How do DOT drug and alcohol tests relate to non-DOT tests?

IDENTICO- South Florida’s leading Drug Screening and Fingerprinting Service Vendor, is presenting the list of major administrative provisions with respect to DOT standards. For more information about our TPA and On-site drug testing services please contact us today at (954) 239-8590 /(888) 988-8969.

 

Employer Responsibilities:

 

(a) DOT tests must be completely separate from non-DOT tests in all respects.


(b) DOT tests must take priority and must be conducted and completed before a non-DOT test is begun. For example, you must discard any excess urine left over from a DOT test and collect a separate void for the subsequent non-DOT test.


(c) Except as provided in paragraph (d) of this section, you must not perform any tests on DOT urine or breath specimens other than those specifically authorized by this part or DOT agency regulations. For example, you may not test a DOT urine specimen for additional drugs, and a laboratory is prohibited from making a DOT urine specimen available for a DNA test or other types of specimen identity testing.


(d) The single exception to paragraph (c) of this section is when a DOT drug test collection is conducted as part of a physical examination required by DOT agency regulations. It is permissible to conduct required medical tests related to this physical examination (e.g., for glucose) on any urine remaining in the collection container after the drug test urine specimens have been sealed into the specimen bottles.


(e) No one is permitted to change or disregard the results of DOT tests based on the results of non-DOT tests. For example, as an employer you must not disregard a verified positive DOT drug test result because the employee presents a negative test result from a blood or urine specimen collected by the employee’s physician or a DNA test result purporting to question the identity of the DOT specimen.


(f) As an employer, you must not use the CCF or the ATF in your non-DOT drug and alcohol testing programs. This prohibition includes the use of the DOT forms with references to DOT programs and agencies crossed out. You also must always use the CCF and ATF for all your DOT-mandated drug and alcohol tests.

 

Categories
Drug Screening in Florida Live Scan Fingerprinting in Florida (General)

IDENTICO- Your Vendor for Drug Testing and Livescan Fingerprinting Services in Miami and vicinity.

We believe that   convenience is a key factor when it comes to  on-site drug test collections. IDENTICO is leader in South Florida’s mobile fingerprinting services segment. Thousands of individuals and businesses from Kendall to Naples used our on-site electronic fingerprinting services in 2010-2011. And as a respond to ongoing requests from loyal and new customers we expanded our services and now officially declared as Full third party administrator and on-site drug screening vendor approved by LabCord, Quest Diagnostics and MedTox Laboratories to perform the full range of drug screening services.

 

From the start of drug screening services implementation, we wanted to go beyond the typical on-site screening, and added the features which we believe give both clients and employees the feeling of supreme integrity and authenticity of testing procedures. IDENTICO’s mobile drug screening services will be provided in our specially equipped  and highly secured Mobile Drug Testing Vehicle.

 

Here are the benefits from services we may provide to groups of 10 or more individuals anywhere in South Florida:

 

1. We saves you money! No more 2-3 hours of employees paid time to get to the collections facility and get back to work. Each urine based specimen collection takes less than 7 minutes. For larger groups the cost of urine based 5 panels drug testing may start from $29.95/donor, which includes the collection, Laboratory testing, MRO services, and full reporting control and support. (Traveling fees may apply)

 

2. We uncover all “Drugs on Workplace” concerns businesses may have, we can perform urine, breath and blood based drug and alcohol testing

 

3. Only recognized, licensed and certified  laboratories,s such as Quest Diagnostics, LabCorp and MedTox are used for specimen testing.

 

Seal US DOT

 

 

 

 

 

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  • DOT Testing – We perform federally-mandated drug tests and offer excellent turnaround time, usually within 24-48 hours.
  • Non-DOT Testing – We offer a wide selection of 5,8 or 10 panels testing to meet your company’s drug testing policy guidelines.  These samples are tested under the same stringent guidelines as federally mandated testing.
  • Oral Fluid – Some companies have adopted oral fluid testing as an alternative to urine drug testing.  We offer oral fluid testing in multiple panel configurations.
  • Professional Panels – We have designed special expanded panel drug tests for those individuals working in the medical field and having daily access to controlled substances.
  • Test results can be available to you Electronically or via traditional fax.
  • Random Drug and Alcohol Testing Programs are available. Such unexpected testing methods gives unethical employees no chance for preparation or cheating.
  • The final report you receive is prepared and signed by Certified Medical Review Officer (MRO) who receives lab reports from the laboratory,
    reviews lab reports for integrity, authenticity, false negatives, and false positives, interprets lab results, including verification of lab positives.
  • Our Certified Breath Alcohol Technicians and Certified Collectors passed an extensive training, possess excellent collection and communication skills. We assure that all procedures and and assignments are in compliance with state/federal regulations.
  • In order to ensure the security and integrity of the collection process, the restroom inside our Mobile Drug Testing Bus is designed to meet the following minimum requirements:

     

    • Restroom is dedicated to the collection event and not available to the general public. The only individuals permitted in the restroom  are the collector and each individual donor.
    • Our collectors are responsible for securing the restroom prior to beginning any collection event and again between each donor.

 

  • We follow DOT’s 10 Steps to Collection Site Security and Integrity

     

     

    1. Pay careful attention to employees throughout the collection process.
    2. Ensure that there is no unauthorized access into the collection areas and that undetected access (e.g., through a door not in view) is not possible.
    3. Make sure that donors show proper picture ID.
    4. Make sure donors empty pockets; remove outer garments (e.g., coveralls, jacket, coat, hat); leave briefcases, purses, and bags behind; and wash their hands.
    5. Maintain personal control of the specimen and CCF at all times during the collection.
    6. Secure any water sources or otherwise make them unavailable to employees (e.g., turn off water inlet, tape handles to prevent opening faucets, secure tank lids).
    7. Ensure that the water in the toilet and tank (if applicable) has bluing (coloring) agent in it. Tape or otherwise secure shut any movable toilet tank top, or put bluing in the tank.
    8. Ensure that no soap, disinfectants, cleaning agents, or other possible adulterants are present.
    9. Inspect the site to ensure that no foreign or unauthorized substances are present.
    10. Secure areas and items (e.g., ledges, trash receptacles, paper towel holders, under-sink areas, ceiling tiles) that appear suitable for concealing contaminants.

       

       

      Drug Free

       

       

       

       

       

      Image by Brunna_Ferri via Flickr

       

       

       

       

       

Call us today, secure your business and say “NO” to drugs at workplace. One call, and our drug screening service will reveal any and all unwanted activities or habits within company’s collective.

 

Due to logistical complexity of performing on-site collection event, we do ask that all requests to schedule these events be received a minimum of five business days prior to the event date. With that said, to ensure your requested date, we do recommend providing as much advanced notice as possible. To receive more information or to schedule an on-site collection event, contact our Customer Support Center at (954) 239-8590 or 888-988-8969.

 
 

Sincerely,

 

IDENTICO LLC