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Inside This Issue:
DATIA Launches Exciting New Programs in 2005
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This year DATIA celebrates ten years of serving the drug and alcohol testing industry and providing education, information, promotion, and advocacy. To celebrate this milestone, DATIA will debut a series of new training opportunities, enhance and add value to our must-have industry resources, and celebrate the industry's accomplishments during our annual conference in May.
In addition to the popular and well-respected training we currently offer for collectors and C/TPAs, DATIA will present two new courses in 2005 to fill existing gaps in training. In the last edition of DATIA News, you read about our Excelling as an MRO Assistant workshop, the industry's first training course for MRO assistants that provides training and background information necessary
to define industry standards, and provide helpful hints for successful implementation. Excelling as an MRO Assistant debuts during the annual conference, and registration is currently available.
Later in 2005, DATIA will roll out a program that will train Designated Employer Representatives (DERs). Similar to the structure of our Regional Certified Professional Collector Trainer, (R-CPCT) program, the DER course will be attended by C/TPA's who are then able to train DERs. C/TPA's who take this course can go home, and invite client DERs or other interested DERs in their area to participate in a training course. This course has been in development since mid-2004 by industry professionals in response to an identified gap in industry training.
This year, we're also making access to collector training easier by debuting an online version of our Certified Professional Collector® course and online certification exams that will enable you to take the course when you want, where you want, and at a pace comfortable for you. Right now, you must have a CPCT® at your company (or be trained by an R-CPCT®) in order to train and become certified by DATIA. With online training, companies that cannot afford to send a collector to a CPCT® course can still train and certify their collectors. After training, collectors will be able to take an online exam.
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The system will also allow for annual re-certification exams to be completed online. These training opportunities and enhancements help to ensure professionalism and industry-recognized standards throughout all segments of the drug testing industry.
This year, DATIA will also make significant enhancements to our current programs by providing our popular Red Book: Current Federal Regulations on Mandated Drug and Alcohol Testing online. This will give industry professionals instant access to federal drug testing guidelines in an easily accessible, and fully searchable, online format. DATIA will also begin providing Red Book subscribers with monthly updates in an electronic format.
We'll be doing all of this while continuing to keep members abreast of industry information, working for positive changes in the drug and alcohol testing industry, and furthering industry standards of professionalism.
Further information on DATIA's new initiatives will be available in the coming months. Keep an eye on future editions of DATIA News and our weekly E-News for more information!
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Come to Orlando to Learn and to Enjoy Fun in the Sun
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The buzz is out that DATIA's 10th Anniversary Celebration and 2005 Annual Conference & Exposition being held May 12-14, 2005, at Disney's Coronado Springs Resort in Lake Buena Vista, Florida, is the place to be this spring.
"Celebrate the Magic" will kick off with an extended exhibitor reception on Thursday, May 12, 2005. Thursday's reception will be held from 4 PM to 8 PM and will feature many special guests whom you won't want to miss. Sponsors and exhibitors will be showcased and will be available to discuss their newest items and services with attendees. In addition, during this time voting will occur for numerous awards for attendees, exhibitors, and sponsors. The exhibit hall will also be open from 10 AM to 3:30 PM on Friday, May 14th. At 3:00 PM on Friday, prize drawings will be held for what will be the largest array of prizes, including cash giveaways, for attendees in DATIA's history.
After the conference sessions end Saturday afternoon, you won't want to rush home! From 7 PM to 10 PM Saturday evening, "You are the Magic-Celebrating DATIA's 10th Anniversary" will be a gala event held on the beach within the resort. Stroll under the twinkling lights, dance to the music, and soak up the moonlight, all while you enjoy delicious food and drink with friends and colleagues you've come to know and spend time with over the last ten years. As part of its 10th Anniversary Gala, DATIA will also be recognizing those who have made a profound impact on the industry. We will also be recognizing those who have continually shown their support of the association through consistent participation in DATIA events, programs, and committees. We will also be recognizing the many DATIA members who have made technological advances in the industry, created new programs that have become standard practice for many, advanced the public's perception of drug and alcohol testing by providing exemplary customer service and ethics, and gone above and beyond to promote drug and alcohol testing. You won't want to miss this special opportunity to socialize with your colleagues, witness the recognition of industry leaders as nominated and voted on by industry representatives, and simply relax and enjoy the feel of the warm Florida breeze and sand between your feet.
Finally, we invite you to bring your family to join in on the fun and extend your stay to become a kid again at the many Disney Theme Parks! DATIA is offering exclusive discounted Disney Theme Park tickets to attendees and their guests so that you can enjoy all that Disney has to offer. (Tickets can be purchased at www.disneygrouptickets.com/datia through May 8, 2005.) Experience the magic of Disney's four captivating theme parks (Magic Kingdom®, Epcot®, Disney-MGM Studios, Disney's Animal Kingdom®); dive into fun at two refreshing water parks (Disney's Blizzard Beach, Disney's Typhoon Lagoon); and take part in exciting entertainment, unique shopping, and amazing shows including Cirque de Soleil®: La Nouba at Downtown Disney® and Disney's BoardWalk. There's something here to ignite the imagination and warm the spirit of everyone in your family or group.
As a special bonus, Disney World will be celebrating its 50th Anniversary in 2005. The celebration starts on May 5th, and an enormous amount of special events and activities will be taking place around the same time as DATIA's Conference.
If you haven't received your invitation to this event, please visit www.datia.org. We look forward to seeing you at this milestone event.
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As a special bonus, Disney World will be celebrating its 50th Anniversary in 2005. The celebration starts on May 5th, and an enormous amount of special events and activities will be taking place around the same time as DATIA's Conference.
If you haven't received your invitation to this event, please visit www.datia.org. We look forward to seeing you at this milestone event.
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Cigarettes or Jobs-- Smoking is Not a Civil Right, by Tom Eden of Wallace, Jordan and Ratliff
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As the smoke begins to clear, a business opportunity for drug testing professionals can be seen. Some employers are beginning to say “smoke at work, at home, in the car, on vacation--and you're fired!” That is the hard line approach some employers are beginning to take in response to skyrocketing health care costs. A recent example is Weyco, Inc., based in Michigan, which fired four (4) employees in late January who refused to submit to tests to determine if nicotine was in their systems. As of January 2005, the company had enacted a policy that workers could be fired for smoking, even if they smoked while they were at home or on vacation. Weyco had given its employees a 15 month advance notice of the policy.
Union Pacific announced a no-smoking policy last year for all employees, on and off the premises. Alaska Airlines requires job applicants to pass a nicotine test. According to the National Workrights Institute, an affiliate of the American Civil Liberties Union, at least 6,000 employers nationwide refused to hire smokers.
There is good science to back up employer programs. The Centers for Disease Control and Prevention reports that smoking cost $75 billion a year in excess medical bills and $82 billion in lost worker productivity. The American Lung Association has reported that employees who smoke cost an employer at least $1,000 more annually in health care costs compared to nonsmokers. According to the Kaiser Family Foundation, premiums for employer-sponsored health insurance rose 11.2% from 2003 to 2004.
In Alabama, the state joined the movement against tobacco, adding incentives or disincentives to convince workers to quit smoking, last year requiring some workers who smoked to pay about $20 more a month than nonsmokers for health insurance. Alabama is one of 23 states where employers can legally fire or refuse to hire a person based on personal habits such as smoking, and can require employee applicants and employees to submit to tests for nicotine. Those states include the following: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Ohio, Pennsylvania, Puerto Rico, Texas, Utah, Vermont, Virginia and Washington. The remaining states and the District of Columbia have enacted smokers' rights laws that prohibit employers from requiring employees to abstain from the use of tobacco products outside the course of employment or discriminate against job applicants or employees based on their off duty use of tobacco or other lawful products. None of the Federal Civil Rights statutes cover the conduct.
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According to Howard Weyers, president of Weyco, Inc., “Weyco's mission is to help businesses improve employee health and cut costs with innovative benefit plans. Weyco decided to take the lead by phasing in a tobacco-free employee policy over 15 months, with company-paid smoking-cessation assistance. It's not about what people do at home. It's about the acceptance of personal responsibility by people we choose to employ. It's not just about saving money. It's about saving lives.”
In all of this clearly lies a business opportunity for drug testing professionals to begin offering employers pre-employment nicotine tests and encouraging companies to consider nicotine tests of employees.
Disclaimer & Acknowledgements: The above should not be construed as legal advice or legal opinion as to any specific facts or circumstances. The contents are intended for general information only, and you are urged to consult your attorney concerning your own situation and any specific legal questions you may have.
Tom Eden is a management labor attorney with the law firm of Wallace, Jordan, Ratliff & Brandt, L.L.C. who advise collection sites, TPAs, employers, workers’ compensation administrators, and MROs on a variety of drug and alcohol testing issues, policy development, and risk-reduction programs. Tom Eden may be reached by telephone at (205) 870-0555 or by e-mail at te@wallacejordan.com. Please visit their web site at www.wallacejordan.com (which contains federal drug-testing regulations and other drug-free workplace resources at www.wallacejordan.com/drugfree.htm).
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Dr. Jill Captain Will Shed Some Light On Creating a Drug Free Workplace During DATIA’s Annual Conference
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Do you or your clients ever question who is required to have a drug free workplace policy? Or where can we find help in developing a policy? Or why do employers need a policy? If the answer is yes, you should be in attendance on May 14, 2005, in Orlando, Florida, when Dr. Jill Captain of Secure Medical Care in Gaithersburg, Maryland, presents a session on Creating a Drug Free Workplace Policy.
Most of DATIA's members wear many hats in providing services to their clients. One of these hats is likely to be drug free workplace policy development. Creating and implementing a drug free workplace policy can be a daunting task for any company, regardless of the size. This talk will address the “who, what, where, when and whys” of good drug free workplace policy development. Special attention will be given to identifying resources for developing policies for clients, including help on writing policies and obtaining appropriate legal review.
DATIA asked Dr. Captain a few questions that have been asked of the DATIA staff regarding her presentation, and here are her responses:
Q: Do you feel that all service agents should be knowledgeable in creating a drug free workplace policy, even if it is not something that they are currently asked to do?
A: I don't think it is possible to expect all service agents to know how to create a drug free workplace policy, but they should know where to send their clients to get information. Developing policies and the corresponding language with clients is time consuming and complex, especially when the variations in state regulations for non-mandated testing is taken into consideration. My mantra in life is, "I may not know all the answers, but I can find out where to get them."
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Q: Would this be a good session for employers as well as service agents?
A: I think this session would be a great session for employers. I have developed the talk to give everyone the tools to think critically about their policy needs, and where to find the resources, both private and governmental.
Q: Will attendees walk away from your session with a clear framework for starting a drug free workplace policy with any company?
A: Included in the talk will be handouts to help guide agents and employers in asking themselves the right questions for policy development and how to find the resources to write and implement those policies.
Jill Captain M.D. M.PH is an owner of Secure Medical Care and a sustaining member of DATIA that provides medical review officer services, consortium management, drug screen collections, and on-site physicals throughout the United States and internationally. The company also provides urgent care and occupational medicine services in the metropolitan Washington, D.C., area.
A native of Tennessee, Dr. Captain received her Bachelor's degree and Medical Doctorate from the University of Virginia, and her Master's in Public Health from The George Washington University. She is board certified in Ambulatory Care and has been a certified Medical Review Officer (AAMRO) since 1993. Dr. Captain has consulted on regulatory compliance for drug and alcohol testing, medical certification, and personnel reliability programs since 1989. She is also DATIA's Secretary of the Board of Directors.
As you can see, Dr. Captain's presentation will be well worth your time. She will give you information in one hour that will expand your business for many years.
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Annual Conference Spotlight: Calvina Faye
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In 2005 DATIA celebrates ten years of serving the drug and alcohol testing industry. As such, the DATIA Annual Conference and Exposition is the perfect opportunity for drug and alcohol testing leaders to come together, remember where we've been, celebrate what we've accomplished, and plan a course for the industry's future.
To help us accomplish that task, DATIA is excited to welcome Calvina Fay as a featured speaker at the annual conference. Ms. Fay is the executive director of Drug Free America Foundation and Save Our Society From Drugs (S.O.S.). On Saturday, May 14, she will speak to the DATIA conference on “Substance Abuse: Where We Have Been, Where We Are, and Where We Are Headed.”
This presentation will examine the history of our national drug policy, where is stands today, and what the future holds. It will also explore past, current, and possible future drug trends and how they are impacted by drug policy.
Ms. Fay has been an outspoken advocate against the legalization of drugs for over 10 years. She was a founding board member of S.O.S. She is the former president of Drug Watch International, a network engaged in combating the drug legalization movement globally. Ms. Fay has served as an advisor to the White House Office of National Drug Control Policy as well as several political leaders, including President Bush, on drug policy issues.
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In her current position at the Drug Free America Foundation, Ms. Fay provides education to the public about the dangers of drugs of abuse and efforts of drug pushers to legalize drugs.
Ms. Fay has close to 20 years of experience in the drug prevention field and is considered a pioneering expert on workplace drug abuse prevention programs. She has authored several books, including The Supervisor's Handbook For Preventing Drug Abuse in The Workplace and Starting a Drug Free Business Initiative, as well as numerous newsletters and publications in the field that have been published at regional and national levels. She was the managing editor and a co-author of A Report on Employer Attitudes and the Impact of Drug Control Strategies on Workplace Productivity. She also served as the
managing editor of a monograph titled Drug Abuse in the Decade of the Brain.
Ms. Fay's vast experience in the field of drug abuse research and prevention makes her an outstanding addition to the DATIA annual conference line-up, and we look forward to hosting her.
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DATIA Recognizes 10th Anniversary and 2005 Annual Conference Sponsors--Your Support is Greatly Appreciated!
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DSI Laboratories
DSI’s Toxicology Laboratory located in Fort Myers, Florida is licensed by the State of Florida Agency for Health Care Administration (AHCA) to comply with the Drug-Free Workplace program. DSI is certified by the substance Abuse and Mental Health Services Administration (SAMHSA, formerly “NIDA”). Non-regulated substance of abuse testing is also offered. To receive information, call Toxicology Client Services at (239)561-8200, extension 6965 or Robert White, Ph.D., Technical director, at (239)561-8208. Toll free 1-888-DSILABS.
BB&T Huffines-Russell Insurance
BB&T is DATIA’s endorsed provider for drug and alcohol testing Professional Liability Insurance.
Orasure Technologies, Inc.
Quality counts. Laboratory confidence with oral fluid convenience exists only with the Intercept® drug test and Q.E.D.® alcohol test from Orasure Technologies. Our products mirror the results of traditional tests--in a cost-saving, convenient and non-invasive way.
Quest Diagnostics Incorporated
Quest Diagnostics, Inc., is the nation’s largest provider of diagnostic testing, performing over 300 million clinical tests and almost 8 million substance of abuse tests yearly. Quest Diagnostics offers a comprehensive test menu that includes traditional urine, oral fluid and hair testing for substances of abuse and a disparate offering of Medical Professional panels and sports testing at our owned and operated facilities.
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Varian, Inc.
Varian, Inc., a leading manufacturer of the highest quality drug testing products and services, offers you a total solutions approach for all elements of drug-free workplace programs--policy development, on-site and lab-based testing, collection, and data management. Rely on Varian so you know you’ve done all you can to improve workplace safety.
Chem Chek Co., Inc.
Chem Chek, Inc. is a full service C/TPA located in Texas. They specialize in on-site collections and breath alcohol testing for both regulated and non-regulated employers throughout the U.S. Chem Chek also offers DATIA collector training, BAT training and company supervisor training.
Comprehensive Health Services, Inc.
CHS is a national provider of occupational medical services to diverse employers in both private and public sectors for over 30 years. Drug and alcohol services include on-site, regulated, random selection, 24/7 post accident line, and certified MRO staff. |
Sustaining Member Spotlight: Transplace
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We are proud to recognize Transplace as a new DATIA sustaining member. Located in Plano, Texas, Transplace joined DATIA in January of this year. Transplace provides web-based comprehensive transportation and logistics management services to major shippers. The web-based program allows the shipper to e-bill shipments to the motor carriers that haul their freight. The company was formed in June of 2000 through the merger of six large trucking companies.
Transplace offers many benefits to its customers including online secure reporting of all drug results, storage of results for five years, online electronic images of chain of custody forms, 24-hour post accident and random drug testing coordination, web-based management of reports, and automated MRO verification letters. Companies are also able to view tests pending lab results or MRO review. Transplace offers multiple levels of secure access of information to its customers. While Transplace does not have a sales force that sells TPA services, the company has grown by network and “word of mouth” through its founders and carrier members.
David Saunders, vice president of safety, is responsible for pre-qualifying motor carriers who will be contracted to carry freight for the shipper. He primarily works along side the many divisions of Transplace to make certain that the motor carrier has a safety program that is in compliance and protects their customer's freight. Mr. Saunders also oversees the Compliance Services Division of Transplace. This division specializes in Driver Qualification Files and Drug Testing. The system is entirely online and web-based, which allows for the motor carriers' MRO and/ or TPA to use the web-based system to house all of the records pertaining to the commercial drivers.
Mr. Saunders began working in the industry in 1975. He stayed in the Motor Carrier industry working with large trucking and distribution companies until May 2001, when he began working for Transplace. Mr. Saunders currently serves on several Regulatory Committees within the American Trucking Association, Truckload Carriers, and many state associations.
We took the time to ask David Saunders a few questions about Transplace and his opinions on the current status of the industry.
Why did Transplace join DATIA?
Transplace joined DATIA as another avenue of regulatory information to aid our customers, as well as our company, stay up-to-date on current regulatory changes. DATIA also has a very user-friendly website! We have provided a link to the DATIA site to all of our customers. We try and encourage our customers to gain knowledge and learn the new regulations and hope that they too will join DATIA for their needs.
What is Transplace doing to promote the drug and alcohol testing industry? |
Transplace would like to try to get Congress to begin mandating SAP/follow-up program participation training by having a "positive" database that state and federal agencies can use to monitor drivers licenses. It's a long shot, but one that needs to be worked on. It should be a common goal for everyone, regardless of the driver's occupation.
What are areas that could be improved within the drug and alcohol testing industry?
We believe that education within the industry can be improved. We also believe that developing a user-friendly system that helps drive down the cost of IT resources for customers as well as the MRO or TPAs will also help to improve the industry. Since we are primarily related to the trucking and ground transportation industry, we are very concerned about the amount of drivers that "come through the system" and never get any SAP help. Since our large trucking companies stay in compliance and have zero tolerance for drug and alcohol use, drivers do not stay within the group. But, we are certain they end up with a smaller carrier.
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Several states have recently been dealing with new pieces of legislation regarding how and when employers can employ drug and alcohol testing.
Maryland
Pending legislation in the House of Delegates would allow for employers to test workers whom they suspect of being under the influence of alcohol on the job with an evidential breath measurement device.
For companies that currently require workplace drug testing, the bill would protect workers and companies by allowing them to test employees suspected of consuming alcohol. Delegate LeRoy Myers, the legislator who introduced the bill, owns a general contracting firm and says that other companies like his could be protected with this legislation, by preventing an intoxicated person from working--instead of testing after an accident has already occurred.
The bill also specifically states that the evidential breath measurement device must be operated by a trained breath alcohol technician, and that 0.02 and above would be considered a positive result.
North Dakota
State lawmakers are working on two measures related to drug testing.
First, lawmakers are seeking to give the state workers' compensation agency the ability to test injured workers for drugs during their rehabilitation period. The agency wants to know if injured workers collecting claims are taking drugs they've been prescribed for their rehabilitation and whether they are using drugs of abuse.
The bill's sponsors say that it will help the agency get injured workers back to work, and be used when a problem is suspected, such as when a worker seems not to be making progress.
One positive drug test or test refusal could cause suspension of workers compensation benefits, and two positive drug tests or refusals could end benefits altogether. Despite resistance from labor leaders and some legislators, it passed the North Dakota house during the first week in February.
The second piece of legislation would make it a misdemeanor for those on probation or parole to use substances or devices meant to cheat or adulterate a drug test, or to manufacture or distribute such items. Violators face penalties of up to one year in jail and a $2,000 fine. The bill might be altered to include those who are required to take drug tests as conditions for bail.
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New Mexico
Lawmakers in the states are tired of problems with drugs and alcohol tainting the image of the state's elected officials, and so some lawmakers are proposing drug testing of all officials… And posting the results online.
The bill would have all elected state officials submit to random testing, create a website where the drug test results are posted, and name officials who refused a test with a statement from each official who refused a test.
The bill was introduced by State Senator Steve Komadina who said, "If government officials make the laws, enforce the laws, we ourselves must uphold the laws. The public deserves to know whether we do indeed abide by our own laws. Drug testing will allow elected officials to prove they hold themselves by the same standards they hold members of the public."
The legislation is supported by many elected officials, including the sheriff of Santa Fe County, who submitted to a random drug test and voluntarily released the results to the public. Most people who have voiced opposition to the legislation do so because they disagree that the results should be made public.
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New Programs and Resources Available from the White House Office of National Drug Control Policy
In President Bush's 2004 State of the Union Address he stated that " One of the worst decisions children can make...is to gamble their lives and futures on drugs. “ School administrators all across the country agree with the President, which is evident in the fast growing trend of drug testing students. However, many schools are not sure how to go about starting the student drug testing process. This is why the Office of National Drug Control Policy (ONDCP) has put together a booklet titled What You Need to Know About Starting a Student Drug Testing Program.
What You Need to Know About Starting a Student Drug Testing Program offers guidance and perspective on student drug testing. The booklet explains whom to test and when, development of a clear and concise policy, and alternative testing methods. It also addresses what teachers and parents should do when a student tests positive for drugs. Some of the other educational sections of the booklet are:
• Assessing your program’s effectiveness
• Funding your program
• Early intervention
• Enlisting community support
The back of What You Need to Know About Starting a Student Drug Testing Program has additional resources from government websites for drug related information and substance abuse treatment programs.
This new book is meant to complement the previous guide about student drug testing titled What You Need to Know About Drug Testing in Schools, which DATIA introduced to members approximately two years ago.
Spread the news of this booklet with your community and client base. It is available online in pdf format at http://www.whitehousedrugpolicy.gov/publications/student_drug_testing/
Parents @ Work Program
Students are not the only ones affected by their drug use. Parents are also affected. When a child is on drugs it can cause the parent to suffer from decreased morale and productivity at work. This has prompted the National Youth Media Campaign to develop the Parents@Work program.
Parents@Work is an initiative that encourages employers to share youth drug prevention information with their employees. These days, parents spend a majority of their time at work, which is why it is important to reach them in the workplace. Parents@Work educates parents on ways to communicate with children about drugs. Some of the topics addressed by this program are:
• Abuse of Prescription or Over the Counter Drugs
• The impact of Marijuana on a Child's Ability to Learn and Succeed
• Keeping Your Kids Drug Free
• When It’s Not Your Kid, How do You deal with Drugs and Drinking?
As you can see this is a wonderful resource. Employers can start this program for free and it's an easy process. Share this information with your clients. Parents@Work could potentially help them to reduce absenteeism and health care costs. Information on this program can be found at www.theantidrug.com/atwork/.
Research and Special Programs Administration Restructuring
On November 30, 2004, President Bush signed the Norman Y. Mineta Research and Special Programs Improvement Act which divided a Department of Transportation agency, the Research and Special Programs Administration (RSPA), into two separate operating administrations for pipeline safety and hazardous materials transportation safety operations.
Effective February 28, 2005, the RSPA split into the new Research and Innovative Technologies Administration (RITA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).
If your facility performs DOT-mandated drug and alcohol testing for operators and employees in the pipeline safety industry, you should note that the drug and alcohol testing program will now fall under PHMSA.
At this time, there are no changes to the program, the regulations, or the contact information for the program managers at PHMSA. If there are any changes to the program, DATIA will keep members informed.
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