BEST PRACTICES BY: MARY BROWN-YBOS, C-SAPA, DIRECTOR—COMPLIANCE/QA, DISA, INC
Drug & Alcohol Program Top 10 Inaccuracies Seen by a C/TPA
reports on the subject of inaccurately using types of drug and alcohol testing (i.e. using a pre-employment test when it should be a return-to-duty test, etc.). Terefore, the subject of this article was forefront in my mind. With 16 years of drug and alcohol
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industry compliance experience, I’ve fielded many compliance questions from clients. Te saying “there are no stupid questions” certainly proves true in this industry. I’ve welcomed questions and thanked my DERs for calling with their inquiries. I’ve listed some common inaccuracies
and concerns below. Tey are given in no particular order as to severity.
them to open up their policy so I can direct them to the requirement. Many DERs respond that they don’t know where their policy is located, which is a huge concern. By having a signed acknowledgement that the employee has received and read the policy, this protects the company when enforcing the policy requirements. A copy of the policy must also be readily accessible to employees at all times.
1 2 12 datia focus
Zero Tolerance (but is it really?). Clients sometimes question
their policy’s zero tolerance provision. Zero tolerance calls for employee termination as a result of a positive or refusal to test. Tere are occasions,
Policy (what policy?). When a DER calls regarding issues, like negative-dilutes, I ask
hen I received DATIA’s request for article submissions I was reviewing internal
however, when a client wishes to retain the employee instead. Tis is usually driven by the employee’s expertise and the employer’s need. In this situation, clients may ask, “Can I send the employee to rehabilitation?” I ask if their policy contains a rehire option. If so, my answer is “yes” as long as the employee has been terminated. Ten with a successful return-to-duty program, the company can rehire the employee with a negative result of a direct observed return-to-duty test. If the client doesn’t have a re-hire
option, I advise them to speak with their atorney as they may want to institute a change to their policy before making a decision to rehire the employee.
(using as a pre-access/ annual). Some PHMSA Operators have client
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specific requirements for contractors entering their facilities that go above the PHMSA part 199 regulations. These requirements include having employees’ drug and/or alcohol tests performed on an annual basis. Since pre-access or annual are not test purposes allowed by PHMSA part 199 regulations, these tests are to be performed on a forensic custody and control form and non- regulated alcohol test form. I have encountered pre-employment tests for existing employees on the PHMSA roster. This alerts me that the employer didn’t understand their operator’s requirements and a phone call to the employer is in order.
winter 2012
The misuse of pre-employment testing
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