Inside This
Issue:
Conference
to Highlight Industry Changes and Innovation
The changing business of drug and alcohol testing,
including the latest major industry developments, will be
the subject of the upcoming Drug & Alcohol Testing
Industry Association's Third Annual Conference in St Louis,
MO on April 23 and 24.
Dr. Murray Lappe, founder and President of National Medical
Review Offices, Inc., will deliver the keynote speech for
the DATIA 1999 Conference. Dr. Lappe, a leader in the
forefront of developing policies and procedures that affect
workplace drug testing, will speak concerning the key issues
facing the drug and alcohol testing industry in the coming
century and how those trends will impact your business.
The Conference will provide real-life solutions on how
professionals can effectively meet the many changes
occurring in the industry and how to capitalize on these
changes to ensure growth and success. Seminars include: 1)
the new Drug Free Workplace Act and how it will provide new
funding for small businesses to begin drug testing programs;
2) how to incorporate the latest on-site and alternative
specimen testing technologies in your business; 3) how to
better market your services; and 4) how to protect yourself
from potential liabilities in drug testing.
Also included will be seminars on adulterants and how to
spot them; new state laws affecting your testing services;
and regulatory updates from senior government officials in
Washington DC.
Representatives from the major drug and alcohol testing
product providers will also be on hand displaying the latest
in testing supplies and equipment. This is your best
opportunity to see these products first hand and learn how
they can enhance your business.
The topics of this year's program reflect DATIA's desire to
help all industry professionals meet their fullest
potential. Embrace of changes ensures your future success.
Full conference registration and travel information can be
found at www.datia.org or by calling Lori Furlong at
800-355-1257.
What
is a Digital Signature?
by Eric Quilter
Compliance Software
There's been talk going around the drug testing business
about "electronic" or digital signatures. If you can sign
for your overnight package without the paper mess, why not
do the same for a drug test? Before you can even begin to
explore the practical and legal implications, you have to
understand the difference between a "digital" signature and
a "digitized" signature.
Many merchants currently use "digitized" signatures for
credit card transactions. Instead of signing a paper
transaction receipt, the cardholder signs on a sensor pad
that captures the image of the signature. The image is
usually stored in the cash register's computer with its
associated transaction. Just like other graphics files, the
image can be potentially cut and pasted without the
permission of the cardholder. A "digital" signature, is a
means of: verifying the authorship and content of a computer
file; preventing any other party from modifying or perhaps
even viewing the file without the knowing consent of the
author.
Several technologies are available today that are considered
valid approaches to creating digital signatures. For
example, President Clinton signed a trade agreement last
fall using a digital signature that employed the use of a
"smart card." The credit card sized device had a beefed-up
version of a Personal Identification Number (PIN) unique to
the President. Any party wanting to edit the "signed"
version of the document would need to have the President's
smart-card.
Perhaps the most promising technologies for digital
signatures are those that employ biometrics. Literally
measurements that are unique to each human being such as
finger prints, retinal scans, hand geometry, and even DNA.
The advantage of biometrics is that everybody has them built
right into their body. Specialized hardware and software use
biometrics to create unique PINs, also referred to as
"private keys" in the world of cryptography.
Let's say you wanted to buy something over the Internet with
your credit card. To authorize the transaction, you could
place your fingertips on a small, inexpensive sensing device
attached to your PC. The device and software in your PC
would analyze your fingerprints with an algorithm that would
generate a PIN unique to you. Your credit card transaction
could only be used by the intended receiver and could not be
modified without your permission.
As anyone knows, paper is a dwindling and costly resource.
Industries around the globe are racing to replace paper
transactions with more efficient electronic versions without
compromising security. The federal government is actually
moving fairly fast on the issue, with several agencies
having digital signature standards in place. The National
Institute of Standards and Technology (NIST) is currently
developing very comprehensive standards for electronic
versions of federal documents which require digital
signatures. The Digital Signature Standard (DSS) created by
NIST will probably be the one to watch for, as far as
regulated drug testing is concerned. So don't be in too big
of a hurry to throw away your ballistic pen for those
wonderful 7-part forms!
The
Americans With Disabilities Act:
What is Current Use of Illegal Drugs?
by Sandra DeBow, Attorney at Law
Title I of the ADA prohibits employers from
discriminating against qualified individuals with
disabilities in virtually all employment decisions,
including hiring, firing, promotion, compensation, and
training. Alcoholics and some drug abusers are disabled for
purposes of the ADA.
Anyone who deals with Human Resources or Personnel
Departments is familiar with the jargon of the Americans
with Disabilities Act of 1990 (ADA). Terms like, "reasonable
accommodations," and "essential functions of the job," are
seemingly simple concepts until they are applied to a
real-world problem. The ADA is difficult because the
application of the law varies according to the unique
circumstances of the workplace and the disabled
individual.
The ADA specifically states that individuals who are
currently engaging in the illegal use of drugs are not
covered by the ADA. The term "drug" means a controlled
substance, as defined in schedules I through V of section
202 of the Controlled Substances Act. So, why are employers
so concerned about the ADA when dealing with drug users?
Because the ADA creates a "safe harbor" for certain drug
addicts. The ADA protects persons who have successfully
completed or are participating in a supervised drug
rehabilitation program and are no longer using illegal
drugs, as well as persons who are erroneously regarded as
using drugs when in fact they are not. Employers can
administer drug tests to ensure that an individual who is
participating in or who has completed treatment is no longer
engaging in the illegal use of drugs. Although prior drug
addiction may be a disability under the ADA, if the
individual is currently engaging in the illegal use of
drugs, he or she will not be protected by the ADA, even if
she or he is a drug addict.
So, what is current drug use? The issue has been heavily
litigated. "Current" illegal use of drugs is not limited to
the use of drugs "on the day of, or within a matter of days
or weeks before, the employment action in question." The
illegal use of drugs must have taken place recently enough
to justify the employer's reasonable belief that drug use is
a continuing problem. Accordingly, an employee illegally
using drugs during the weeks and months prior to discharge
is "currently engaging in the illegal use of drugs."
Returning to a simple rule, the EEOC has explicitly stated
that an individual who has a positive, verified test result
is considered a current drug user under the ADA. Therefore,
employers are wise to adopt a drug-free workplace policy
that includes, at a minimum, reasonable suspicion drug
testing. A positive, verified drug test can drastically
simplify what dictates "current use" for purposes of the
ADA.
SAMHSA
Finds Favorable Results With On-Site Test
Study
The Substance Abuse and Mental Health Administration
(SAMHSA) recently issued a "favorable" report on the
performance of 15 on-site urine drug tests. This study was
conducted as part of their evaluation of alternative
specimen use for federally mandated drug testing and to
review the progress made by on-site urine test
manufacturers.
Although SAMHSA will not endorse any one product, they are
encouraged by the results of the study because they indicate
that there should be a much higher percentage of confirmed
positives and fewer false negatives when using these tests.
Currently, these tests may not be used for federally
mandated drug testing and some states have made their use
illegal, however the tests are used extensively in
non-mandated workplace testing.
SAMHSA said that the tests, which tested for amphetamines,
cannabinoids, cocaine, opiates and phencyclidine performed
much better than they have in previous years. "The favorable
performance of the devices was encouraging considering the
simplicity of their design and operational requirements."
Despite these results, SAMHSA did indicate that these tests
are not all together full proof. "Some devices were able to
identify more positive specimens, but this was accompanied
by a higher percentage of false positive results. Other
devices were more conservative, giving few false positive
results but missing many true positives."
Despite some lingering concerns about the tests, clearly the
favorable results of this study may move SAMHSA a step
closer to considering their use in mandated drug testing.
Specific results of the tests were not released to the
public by Duo Research Inc., the group contracted to conduct
the study, but were sent to the manufacturers for their
review. For more information on this report and to review a
list of the on-site tests evaluated in the study, see
DATIA's webpage www.datia.org.
Senate
Bill Introduced to Speed Review of Alternative
Specimens
The Senate wasted little time in attacking the world's
drug problems by introducing the Drug Free Century Act
(S.5). As part of this massive piece of legislation, that
addresses all aspects of drug abuse national and
internationally, there is a provision buried in the bill
that addresses use of alternative specimens (hair, sweat,
saliva and on-site urine tests) in federally mandated
testing.
Specifically, the legislation would require the National
Institute on Standards and Technology (NIST) to conduct a
study of drug-testing technologies to be used in federally
mandated testing. The intention of the study is to determine
if alternative specimens could and should compliment
lab-based urine drug testing.
The bill was introduced by Senator Michael Dewine (R-OH) and
has 14 co-sponsors, but at this early date it is unclear if
the legislation will move to the Senate floor. Ohio has
implemented some of the most drug-testing friendly policies
in that nation and Senator Dewine's participation in these
issues should be seen as a very positive step for support on
Capitol Hill for drug testing issues.
DATIA
Asks Members for Comments on CCF
DATIA recently distributed a survey to members asking for their input on proposed changes to the current federal Custody and Control Form (CCF). A working group has been created, including several members of DATIA and DATIA's Government Relations Representative, to make specific recommendations on how to improve the form. The goal of the working group is to create a new form that mitigates mistakes, reduces missed signatures, reduces the number of
copies and includes missing information with the end result
being a form that is much easier for the collector and
laboratory to use.
The Department of Health and Human Services (HHS) has been
charged with recommending changes to the Federal custody and
control form (CCF) used by all Federal agencies including
the Department of Transportation. The form is scheduled for
renewal by July 31, 2000 and the working group plans to make
recommendations in time for public comment before that
date.
To better understand how changes to the form will affect
users of the CCF, DATIA asked that members review the
proposed changes to the form, and send feedback to DATIA.
This is an ideal opportunity for the collectors to have
direct impact on the changes made to the form. DATIA
recommends that the person who has the greatest expertise
and experience using this form should fill out the
questionnaire. See DATIA's website for additional
information at www.datia.org.
FTA
Expands Drug Testing Scope
The Federal Transit Administration (FTA) is amending its
regulations to require drug and alcohol testing of all
maintenance workers. The drug testing rules will now include
those workers engaged in engine, revenue service vehicle,
and parts rebuilding and overhaul. This change will
eliminate distinctions between maintenance workers engaged
in different sorts of activities. This rule change has been
effective since February 6, 1999. See DATIA's website for a
copy of the rule at www.datia.org.
Member
Profile: Tina Hayes, Operations Manager
WPCI, Scottsbluff, NE
Tina Hayes is the Operations Manager for WPCI. WPCI is a
National MRO group and Administrator of Drug Free Work-Place
Programs with clients in all 50 states. WPCI is also
partners with CANNAMM in Canada, who is a drug program
administrator that serves Canadian businesses. WPCI has been
involved in the field of substance abuse testing since the
implementation of the first DOT legislation. In fact, in
1986, one of WPCI's 6 Pathologists /MROs was involved in two
autopsies from the railroad accident that proved to be the
original case giving rise to the implementation of the
Department of Transportation drug testing program in
1988.
Tina, who is a new member of DATIA, joined because of her
necessity to be up to date on the latest drug and alcohol
testing industry news. Tina operates on the philosophy that
"it is not enough to simply provide the drug testing
services that clients ask for nowadays." Today's drug
program providers must be one step ahead of their clients.
Providers must keep current on all new legislation and
communicate these laws and how they impact each client.
DATIA makes this task easier. Tina has been an integral part
of WPCI since she came to the company in 1994. She now
oversees a staff of Customer Service Representatives who are
the key contacts for WPCI's drug testing clients. She also
organizes the workflow that allows WPCI's 6 Medical Review
Officers to review each positive drug test result, which
includes a direct phone call from the MRO to the donor. It
is her job to keep constantly updated about laws affecting
the MRO review process and educate the MROs to the new
procedures. Tina also was a key person in the development of
WPCI's internet website, (www.wpcidrugfree.com) by providing
much of the content. Please welcome Tina Hayes as a new
DATIA member.
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