ASK ALICE
Each issue we will be answering questions submitted by members. If you have a question to be answered, please submit it to info@datia. org with Ask Alice in the subject line. Enjoy.
QUESTION:Can the employer himself or herself act as a Designated Employer Rep- resentative (DER), as opposed to appoint- ing another employee to play this role?
ANSWER: • Te employer (e.g., the owner of a small business) may act personally as the DER.
• Te employer may also appoint an em- ployee or employees to play this role.
• Te DER must exercise his or her authority to remove an employee from safety sensitive functions either directly or by causing the employee to be re- moved from performing these functions (e.g., by having the employee’s supervi- sor effect the actual removal).
• The employer may not delegate the DER role to a service agent. Only the employer or an actual employee of the employer may perform this function.
• Te Department will not authorize a “DER-for-hire” concept (e.g., a person under contract by several companies to serve as their DER), either.
QUESTION:Who is responsible for notifying a collector that error correction training is needed?
ANSWER: • Te MRO, in canceling a drug test, will determine if the collector is at fault.
• When the MRO reports the cancelled test to the employer, the MRO will note the reason for the cancellation and that, if appropriate, it was the result of collec- tor error.
• Te employer or service agent (e.g., MRO, C/TPA) designated by the employer is responsible for notifying the collection site of the error and the retraining requirement; and for ensuring that the training takes place.
QUESTION:Does a person who moni- tors proficiency demonstrations as a part of collector qualification training have to be a qualified collector?
ANSWER: • Yes. It is very important for persons who monitor mock collections to have a thor- ough “book” and practical knowledge of relevant DOT rules and procedures. It is also very important that, before deter- mining whether trainees have success- fully completed a proficiency demonstra- tion, the monitor have experienced and successfully completed the same training that collectors have to undergo.
• Consequently, mock collection moni- tors have to meet collector qualification training requirements. In addition, the monitor must meet any one of three other requirements: • Te monitor can be a qualified collec- tor who has regularly conducted DOT drug testing collections for a least a year before serving as a monitor; or
• Te monitor can be a qualified collec- tor who has had a “train-the- trainer” course. Such a course could include the mandatory elements of collector qualification training as well as in- struction on how to conduct training effectively; or
• Te monitor can be a qualified col- lector who has conducted collector training under Part 40 for at least a year before serving as a monitor.
• Monitors in the second and third cat- egories do not need to practice actively as collectors, so long as they have met collector qualification requirements.
• Individuals acting as collectors prior to August 1, 2001, have until January 31,
2003, to meet qualification training requirements. In the meantime, such col- lectors can serve as monitors even though they may not have met the qualification and mock collection requirements (so long as they meet any one of the three other requirements).
QUESTION:Do collectors sign the CCF in situations in which a urine specimen
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datia focus
spring 2013
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