TRENDS IN DRUG USE BY ELIZABETH MOSS, NATIONAL SAFETY COMPLIANCE, INC.
The Limited Edition Consortium/ Third Party Administrator For Department of Transportation-Covered Employers
I
n the transportation industry, being a valued Consortium/Tird Party Administrator (C/TPA)—more commonly referred to as simply TPA—takes a strong proactive partnership with employers.
Specifically, it is important to develop knowledge of the federal agencies you are a part of—including their specific rules—along with a hands- on approach covering all facets of the regulations that companies must adhere to. Not following all of the rules can lead to consequences for employers; consequences that include steep fines or penalties, being shut-down and prevented from operating until certain conditions are met, or being completely shut-down as an imminent hazard. Many employers do not realize that Department of Transportation
(DOT) agency penalties, fines, and details of failure to follow rules are publicly available to view. A proactive TPA receives emails regularly about DOT-regulated employers who fail to follow the regulations, and the fines they are proposing to levy against them. As you can imagine, this is extremely detrimental to the success of smaller and even larger companies, especially where the failures/deficiencies are numerous. Examples of published fines include:
• Federal Motor Carrier Safety Administration (FMCSA) decisions1 • FMCSA annual, closed enforcement cases, monies setled— totaling over $33 million in 20152
• Federal Railroad Administration (FR) enforcement fines, also in the millions3
• Federal Aviation Administration (FAA) penalties up to $11,000 for a single violation4 It’s not enough for a TPA to be reactive, only assisting when the employer calls. A top-of-the-line TPA must be a proactive
partner—helping employers be efficient and safe transportation providers. TPAs assist in drug and alcohol testing rules and regulations, but the Limited Edition TPA also offers guidance in layman’s terms, which is easier for employers to understand. Tey also act as “mock auditors,” helping employers uncover any compliance deficiencies they may have. Would your customer pass a DOT audit and, if not, what are you doing to help them? As an example for FMCSA customers, the TPA needs to know about all rules to which their employers must adhere.5
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includes rules regarding the use of electronic drug testing forms; vehicle inspections, including any state-specific regulations;6 hours of service limitations; and properly qualifying drivers with complete electronic Driver Qualification Files that are reviewed for accuracy and legibility. It is also important for TPAs to understand how positive/refusal drug and alcohol documents must be reported and queried annually, using the brand new Drug & Alcohol Clearinghouse. A Limited Edition TPA is a company willing to walk the regulatory
tightrope with their employers, being sure to provide both the net and the pole on the path to transportation safety and compliance. ❚
References 1 2 3 4
https://www.fmcsa.dot.gov/regulations/enforcement/adjudication-decisions https://www.fmcsa.dot.gov/regulations/enforcement/civil-penalties https://www.fra.dot.gov/eLib/details/L17311
https://www.faa.gov/about/office_org/headquarters_offices/agc/operations/agc300/Reports/ civil_pen alties/media/civil_penalties.pdf
5 6 From 49 CFR Part 300—Part 399
Such as the state of California Basic Inspection of Terminals requiring more inspections than annually.
Elizabeth Moss is currently the Director of Operations for National Safety Compliance, Inc. based in Laguna Hills, California. Her experience spans over 12 years in transportation safety and compliance in both the public and private sectors. Specializing in Controlled Substance and Alco- hol Misuse regulatory oversight for over 1000+ clients, Ms. Moss has become a subject matter expert. She assists Motor Carriers in regulatory compliance and has developed and maintained active connections within the transportation industry with both local auditors and the directors of DOT Modal Agencies. She has a strong belief in the value of timely and comprehensive education to remain relevant and proactive in all fields of DOT compliancy. Ms. Moss is National Safety Compliance’s primary educator in the field of drug and alcohol testing and is a DATIA Certified Professional Collector Trainer®
. 30 datia focus spring 2017
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