This page contains a Flash digital edition of a book.
In 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: Our client says that the alcohol test recently performed on an employee should only have been performed if he is doing the safety-sensitive position the day he is chosen or told about the alcohol test. Te employee was pulled for a drug and alcohol random test, not just alcohol. He was on vacation on the day that we performed the random testing for the company for all of the others that were chosen. So when he returned to work he was supposed to have the drug and alcohol test done, correct? Is there a difference between the timing of the random drug test vs. the random alcohol test? If he is part of the pool, he was pulled as part of the 10% of the pool that has to be alcohol tested, so why wouldn’t he have to take the test?

ANSWER: Drug testing and alcohol testing are different. If he is in the DOT pool for the drug test, then he needs to report for it when he returns to work within the same selection cycle. For alcohol, they must take the alcohol test just prior to, aſter or during performing safety-sensitive duties. If the person is not performing safety sensitive duties as described by FMCSA then he needs to be removed from the pool. 49 CFR 382.305(m)

QUESTION: Do collectors sign the CCF in situations in which a urine specimen is not provided during a collection (i.e., a refusal to provide a specimen; a shy bladder situation)?

50 datia focus

ANSWER: In any such case, the collector would check the box in Step 2 of the CCF indicating that no specimen was provided and enter an explanatory remark. Te collector would then provide his or her name and signature in Step 4 of the CCF.Te employee’s name and phone number should be included on the MRO copy. Te collector would then transmit the CCF copies to the appropriate parties (e.g., employer, MRO). §40.191; §40.193

QUESTION: What if the donor flushes the toilet accidentally or purposefully when they are in the restroom during the collection? Can we still accept the sample?

ANSWER: According to the DOT Urine Specimen Guidelines here, simply flushing the toilet is not a reason to reject the specimen: htps:// Collection_Guidelines_July3_2014_A.pdf: Inadvertently flushing the toilet does not automatically require any corrective action by the collector or a recollection. However, to guard against this action, the collector may want to place a card with instructions not to flush by the toilet handle or tape or otherwise secure the handle with tamper- evident tape.) If, however, the collector clearly sees other actions of atempting to adulterate the specimen, the collector should follow the following protocol. In this case, you’d need to complete the collection and start a new collection and provide a note in the remarks. Te collector must pay close atention to the employee during the entire collection process to note any conduct that clearly indicates an atempt to substitute or adulterate a specimen. If the collector detects such conduct, the

collector must complete the collection and immediately begin a new collection under direct observation using a second CCF and a new kit. Te collector then provides an appropriate comment on the “Remarks” line in Step 2 on the first CCF and second CCF indicating that this is the first of two or second of two (i.e., 1 of 2, 2 of 2) collections, the specimen ID numbers of the first and second CCF, the reason for the second collection, and that the second collection was Conducted under direct observation (check appropriate box in Step 2 of the CCF). Tis will ensure that the laboratory and the MRO know that two separate specimens are being submited for testing; the first one possibly being adulterated or substituted. Additionally, the collector must inform the collection site supervisor and the DER that a collection took place under direct observation and the reason for having done so.

QUESTION: We work with a client that has requested that collection sites allow donors to carry their work issued firearm onto the collection site due to the nature of their employment. Due to this, our collectors have asked the donors to do the following: 1. leave their weapon in the trunk/car 2. store their weapon in a lock box at the collection site or

3. keep the weapon on their person while allowing the collector to examine the belt, holster and pockets

Te first two options are not preferred by the client so we have asked the collectors to follow #3 above. However, #3 presents a concern for the donor and agency regarding the accidental discharge of the weapon while removing it from the holster so this option is not preferred either. Not following any of the above steps presents concerns for collectors in that there are areas where items used to substitute or adulterate the specimen can be stored within the gun belt pockets and/or holster. Will you please provide guidance on this topic to help ensure we are all doing things right?

summer 2016

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