Compliance

An important date is coming up for employers, hiring managers, and HR professionals. The current version of the Federal Drug Testing Custody and Control (CFF) forms expires June 30, 2018. Simply put, this means that neither DOT-regulated employers nor their service agents (labs, collectors or Medical Review Officers) can use the “old” CCF form for Read more »

The support for the legalization of marijuana, both for recreational and medical use, is a hot topic of discussion today. While marijuana is now legal in many states throughout America, it is causing questions and concerns for many different types of businesses, especially those that are regulated by Department of Transportation (DOT) guidelines, like Florida’s trucking Read more »

With the growing rate of both prescription and illicit drug use in the workplace, many companies around the country are increasingly turning to mandatory workplace drug testing to maintain workplace safety. However, it is important to remember that there are no federal regulations regulating workplace drug testing for private companies. In fact, many judges in Read more »

There has been a lot of discussion about the U.S. Occupational Safety and Health Administration’s (OSHA) recent changes to its Recording and Reporting Occupational Injuries and Illness regulations, followed by a misinterpretation of the new regulations. Many have mistakenly interpreted it to say that post accident drug testing was no longer permitted, however, nothing could be further from Read more »

§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 Read more »

§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 Read more »

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 Read more »

§ 40.305 How does the return-to-duty process conclude? (a) As the employer, if you decide that you want to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully complied Read more »