DOT Establishes Electronic Transmission and Storage of Drug Testing Information Advisory Committee
The Secretary of Transportation is establishing the Department of Transportation (DOT) Electronic Transmission and Storage of Drug Testing Information Advisory Committee. The purpose of the committee is to recommend to DOT the type and level of electronic security that should be used for the transmission and storage of drug testing information generated as part of the DOT drug and alcohol testing program regulated by 40 CFR Part 40 (65 FR 79462). Over the past few years, DATIA has participated in several roundtables with DOT and the Department of Health and Human Services (HHS), advocating a "paperless laboratory" and use of an electronic chain of custody form. The advisory committee will be composed of approximately 20 members appointed by the Secretary from interested parties within the public, and members will be chosen to ensure a fairly balanced membership to bring into account a diversity of viewpoints, expertise, and backgrounds. Representation will include the technical and computer industry, drug testing laboratories, medical review officers (MRO), labor, trade and labor associations, and employers. Learn more about this advisory committee.

DOT Sets Safety Requirements For Mexican Trucks, Buses in United States
The U.S. Department of Transportation (DOT) is working toward a safe implementation of the southern border truck and bus crossing provisions of the North American Free Trade Agreement (NAFTA). DOT has established tough safety requirements for Mexican motor carriers operating to and from the United States and requires that all motor carrier safety inspectors, auditors, and investigators be certified. The regulations also will require Mexican carriers operating in the United States to have a drug and alcohol-testing program, a system of compliance with U.S. federal hours-of-service requirements, adequate data and safety management systems, and valid insurance with a U.S. registered insurance company. The carrier’s ability to meet these requirements will be verified by a safety audit conducted by qualified U.S. inspectors prior to receiving provisional authority to operate to and from the U.S. Read on.

Question and Answer
Q: While in a consortium, if an individual's name is chosen for a drug screen and that individual is out on a work injury or laid off, does that individual remain in the consortium? If he/she does remain in the consortium is that individual excused from having to perform a drug or alcohol screen? Furthermore, if that individual is in fact excused, does that excused get to count toward the mandatory 50%? My problem runs into the fact that many employees in my consortium come from a 1 or 2 person operation, and if they are excused and that excuse does not count toward the 50% compliance, all the other companies get burdened with more tests.

A: If the individual is on lay-off or injury, but is expected to return then it is up to the employer to say if he wants to remove that employee from the pool.

The excuse issue is one that needs to be looked at closely. We just had a client who excused a few employees even though the employees worked during that testing cycle. The Federal Motor Carrier Safety Administration (FMCSA) Auditor gave the employer a violation for each driver who performed safety-sensitive duties. The employee may not be excused depending on how long they are out of service, if the employee returns prior to the end of the testing cycle that employee needs to take the test. If they are off for the entire testing cycle, you should ensure documentation.

If the employee did not work during the testing cycle and the employee is excused, that test has not been accomplished so it cannot be included in the numbers. Only tests that have been done can be counted towards the mandated limit.

This is true, but if you have an employer who is excusing employees regularly, are they doing it just to get around the test? If so, I would remove the employer from the consortium random pool and put them in there own pool. That way if they are not complying they are only hurting themselves. Read the full answer.

Read other DATIA questions and answers.

MARK YOUR CALENDAR:
DATIA’s 2002 Annual Conference will be held May 2-4, 2002 in San Antonio, TX. Register today!

DATIA’s 2002 Training Sessions announced! All 2001 courses were sold out, and the 2002 courses are filling up fast. Don’t miss your chance to receive this much-needed training in 2002. http://www.datia.org/education/educationmainpage.htm