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Same gender is a requirement for Direct Observations

September 5, 2016

In questionable situations, how does the collector determine the donor’s actual gender for conducting a directly observed collection? If there is any confusion as to the donor’s gender, the gender specified on the official photo ID that is issued by a Federal, State, or local government agency [e.g., driver’s license] presented by the donor at the time of the collection is what the collector would use to determine the donor’s gender if a directly observed... Read More »


Update on OSHA – Post Accident Drug Testing – September 3, 2016

September 3, 2016

If you have 11 employees or more you are subject to OSHA’s new Electronic Recordkeeping Rule, which includes provisions which indicate an employer should not have a blanket post accident testing policy. The effective date of the Rule was supposed to be August 1, 2016. On July 13, OSHA extended the Rule’s effective date from August 1 to November 1, 2016. There are several lawsuits that have been filed requesting an injunction blocking its implementation. ... Read More »

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Collectors must secure the Collection Site

August 29, 2016

§40.43(c) If a non-dedicated facility (public restroom or hospital examining room) is used for collections, is the location used for testing secured during drug testing by: 1) visually inspecting the privacy enclosure; 2) assuring that undetected access (e.g., through a rear door) is prevented; and 3) posting limited access signs during the collection process? If the collection site uses a facility normally used for other purposes, like a public rest room or hospital examining room,... Read More »

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DOT doesn’t specify who pays for follow-up tests

August 22, 2016

Who pays for the follow-up tests? DOT doesn’t specify who pays for these tests. As an employer, this is a decision that you can make. It could also be affected by labor agreements that you may have. You can decide to pay for all of the follow-up tests, or you may split the cost with the employee, or you may pass the entire cost along to the employee. Whatever you decide to do, it would... Read More »

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Employers need a written testing plan

August 15, 2016

§40.311 What actions should be taken if the Substance Abuse Professional’s (SAPs) follow-up testing plan is not written or distributed to employer? The employer should request the written follow-up testing plan from the SAP. Employer does not carry out specifics of follow-up testing plan. The employer must establish a process to ensure the follow-up testing is conducted as directed by the SAP. In addition, the employer must maintain documentation (Custody and Control Forms (CCFs) and/or... Read More »

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Limitations of a TPA when dealing with DOT Follow-Up Testing

August 8, 2016

Can a TPA provide DOT follow-up testing schedules to an employer? No, as per § 40.355 – What limitations apply to the activities of service agents? Except as provided in paragraph (h) of this section, you must not make decisions to test an employee based upon reasonable suspicion, post-accident, return-to-duty, and follow-up determination criteria. These are duties the actual employer cannot delegate to a C/TPA. You may, however, provide advice and information to employers regarding... Read More »