February/March 2008

Changes to come for DOT drug testing program: Expect more oversight

How drug-testing regulations are administered and enforced by the Federal Motor Carrier Safety Administration (FMCSA) was criticized in November by the U.S. Government Accounting Office (GAO).

"Improvements will have to be made in both the design of the entire process and the ability of collection site employees to adhere to current protocols," the GAO report stated, because of a "widespread lack of compliance" especially by smaller companies and local operators.

The GAO believes that drug tests were easily manipulated, were widely out of compliance, had only very limited -- and inadequate -- compliance reviews and oversight by FMCSA, and
were subject to falsification by substitution of test subjects and use of fake identification cards. DOT is already aware of individual attempts by commercial drivers to avoid detection of illicit drug use.

Legislation has already been introduced (H.R. 4910 -- National Drug Testing Integrity Act) that would criminalize the offering, sale, purchase, and/or use of adulterants or other products used to defraud workplace drug-testing results.

FMCSA is currently working on new regulations but FMCSA Administrator John Hill stated that the agency also would welcome legislation by Congress mandating a database on positive results for commercial motor vehicle operators. The FMCSA is aware of what Hill called "job-hopping" from one motor carrier to another after drivers test positive for illicit drug use. Before any such databases are required by law, questions about Americans with Disabilities Act (ADA) compliance and other significant legal risks must be avoided or minimized.

FMCSA has been mandated by Congress to evaluate the feasibility and merits of requiring Medical Review Officers and/or employers to report all Federal-verified positive controlled substance test results on drivers to the state that issued the driver's commercial drivers license.

It is probably only a matter of time before all employers of commercial drivers will be required to conduct a pre-employment query of a national database to ensure driver eligibility under FMCSA controlled substance regulations. Moreover, it is just as likely that if Congress requires any such database, it would also mandate the inclusion of positive alcohol test results above .04 and refusals to test.

One thing is certain. Employers and commercial license holders can expect more strict regulations and more oversight when it comes to compliance with the drug and alcohol testing regulations.

TAP Meeting Schedule

TAP support meetings are currently held in Oakland, Burlingame, San Jose, Santa Cruz, Santa Rosa, Vacaville and Watsonville.

Meetings are open to Teamsters, family members and friends who wish to participate in a recovery support group. Click schedule for meeting times and locations.

TAP Fundraiser

Continuing care is vital to the ongoing sobriety of Teamster members who are referred to substance abuse treatment in accordance with the benefits available through their Health and Welfare Trust Funds. The entire continuing care program is funded though the money generated by the annual TAP Golf Tournament.

The Golf Tournament also funds TAP's outreach and training.

The 2008 TAP Golf Tournament will be on April 22th, held at Chardonnay/Eagle Vines Golf Club (intersection of Hwys. 29 & 12), Napa, CA. Mark your calendar.