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The biggest change, and one which is causing lots of discussion, is that
beginning on August 25, 2008, the specimen collection for all return-to-duty
and follow-up tests must be observed. The donor will be required to raise
and lower clothing, and to turn around, so that the observer can be certain
that the donor is wearing no prosthetic device (whizzinator) or other
paraphernalia that would interfere with a valid collection.



This change is in response to DOT's increasing concern about the
availability of devices designed to help employees beat their drug tests. I
have spoken with a number of collectors, most of whom told me that they have
confiscated more than one whizzinator. If you haven't already checked it
out, you'll find it on:

www.whizzinator.com Click on "Product". ODAPC even has a standard e-mail
response that they now send out when they are asked about it.



I have received a number of e-mails from SAPs about these changes. Let me
answer some of the most-asked questions.



1) Does this change apply to every state? Yes. This entire drug and alcohol
testing law is a federal law, and it applies in all states. No state is
exempted from it, and no state is exempted from any part of it.



2) Are SAPs now expected to indicate on a SAP report that the return-to-duty
and follow-up tests must be observed? No. The responsibility for conducting
observed collections will fall to the collection sites. It's simply on their
list of requirements, along with steps like having the donor wash their
hands before the collection starts. Collectors will be very aware of the
requirement, and no one will have to remind them.



3) Will this apply to all return-to-duty and follow-up tests after August
25, or only to those employees who have violations after that date? This
will apply to everyone. Employees who are currently on a follow-up testing
plan are "grandfathered" in to the procedure.



4) Should employers be told about this? Should SAPs tell employees about
this? Yes to both questions. I suggest that you may want to include this in
every conversation that you have with your DERs. Some may already know it,
others will be surprised by it, and some may be confused about it. As a SAP,
you play a role in helping employers understand this regulation, and DERs
tend to be grateful when you give them new information. I suggest also that
you explain this to your employee clients. While 40.329(c) prohibits a SAP
from telling an employee what his/her follow-up testing plan will be
(frequency, duration, etc.), you certainly can tell him/her that the
return-to-duty test, and every follow-up test, will be an observed
collection. Explain that they will be required to raise and lower clothing,
and to turn completely around, and that the observer is then required to
"watch the urine go from the employee's body into the collection container".
40.67(j). Lastly, the employee needs to know that refusal to follow these
instructions will be considered a refusal to submit to required testing.
40.191(a)(9)



5) Who will do the observing, and does this mean the employer must now take
the employee to the collection site for every follow-up test? First, the
observer must be of the same gender as the employee. The observer can be the
collector. However, the observer could be a different person from the
collector. The observer does not have to be a qualified collector. 40.67(g)
And no, there is no expectation that the employer will accompany the
employee to the collection. That has been and continues to be an employer's
option.



There is no doubt that collection sites will be challenged by these changes
in the regulation. Many sites will have to make staffing changes in order to
accommodate the new rule. In some cases there will be delays in the
collection process, while staff attempt to follow these new procedures.
Toilet stalls may not be roomy enough for the collection to be observed
comfortably. And you can be sure there will be untold embarrassment and
uneasiness for donors and collectors alike.



The other revisions deal mostly with the MRO review process and specimen
validity. Laboratories are now required to conduct validity testing (which
had previously been optional). Keep your eyes open for articles about these
changes. I expect there will be a few in the near future.



There were no changes at all to Subpart O, which is the SAP section of the
rule.



 

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new rules will keep druggies from getting cdl's.
good idea
there's enough impaired assholes out there already......
 

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T/S 368E
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33,637 Posts
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Good, I'm all for it. As mentioned, around Chicago there are way too many morons on the road.

.
 

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Good, I'm all for it. As mentioned, around Chicago there are way too many morons on the road.

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That's all well and good but WTF is next???????????? My HAZMAT endorsement requires a background check and fingerprinting at my expense all in the name of " Homeland Security"..................bullshit it's a way to suck more money out of the working man's wallet and if you let them phuck with one group of people eventually they'll get around to something that effects you, so be careful what you wish for!!!!!!!!!!!!!!!!!!!
 

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T/S 368E
Joined
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33,637 Posts
That's all well and good but WTF is next???????????? My HAZMAT endorsement requires a background check and fingerprinting at my expense all in the name of " Homeland Security"..................bullshit it's a way to suck more money out of the working man's wallet and if you let them phuck with one group of people eventually they'll get around to something that effects you, so be careful what you wish for!!!!!!!!!!!!!!!!!!!
Gladly,

I pay for the medical for my CDL out of my pocket. I pay for all the other stickers, plates, inspections, permits ect ect.
I picked the type business I started. Which includes all the BS that goes with it. So we either find another job or
pay what they tell us. I'll pay until I can't afford it anymore & do my part, if I think it could help save another building,
kid, wife, or mother. As I said, way to many morons out there & I'll scarafice & deal with the BS now.
So hopefully my kids won't have to later. Which includes taking my shoes off, turning on lap tops &
buying my wife all kinds of new shampoo's, lotions & other girlie crap every time we fly somewhere.
Am I happy about it. Of course not, but some people would rather shoot us than say hello.
I'm sorry, but it's not 1957 anymore.

.
 
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