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 Secure Results LLC, Drug Testing Services
Volume 1.1November 2010
In This Issue
A Look At Our Services
DOT Updates
Events
Quick Links
 
 
Teen Drug Abuse
 
 

Your Company's DOT Drug and Alcohol Policy - Part One
 


As an employer of an industry where there are many safety sensitive positions, you are required to perform drug tests on all employees who carry out these jobs. Having a detailed Drug and Alcohol Policy protects you and your company from any legal challenges. It is important to have who will be tested and under what circumstances clearly outlined in your Drug and Alcohol Policy. "Safety sensitive employees are obligated by law to submit and cooperate in drug & alcohol testing mandated by DOT regulations." (US Department of Transportation: What Employees Need to Know about DOT Drug and Alcohol Testing) Secure Results, LLC can assist you in creating a Drug and Alcohol Policy that complies with the DOT regulations. 
 

Circumstances That Require Testing

Pre-Employment: A pre-employment drug test is required for all hires that need to have a CDL for the vehicle they will be operating. A negative result must be received before the new employee is allowed to perform their duties. Only testing for controlled substances is required, alcohol testing is not.

 

Reasonable Suspicion: "Reasonable suspicion means that one or more trained supervisors reasonably believes or suspects that you are under the influence of drugs or alcohol. They cannot require testing based on a hunch or guess alone; their suspicion must be based on observations concerning your appearance, behavior, speech and smell that are usually associated with drug or alcohol use." (US Department of Transportation: What Employees Need to Know About DOT Drug and Alcohol Testing) Educate yourself and other employees as to what signs and symptoms of substance abuse looks like. Some companies include a checklist of external signs of drug and alcohol abuse in their policy so that they are recognized should they occur. Secure Results, LLC offers supervisor training which covers areas such as the signs and symptoms of substance abuse. 

Random: Your employees are subject to unannounced drug testing throughout the course of their career. All employees must have an equal chance of being testing. Anyone who has been selected will be returned to the selection pool to keep the chance of selection equal at all times. In order to eliminate the possibility of discrimination accusations you can hire a third party administrator (TPA), like Secure Results LLC, to computer generate selections randomly. Inform yourself of your state's laws because some states ban random testing.



 
 
A Look At Our Services: Background Checks
 
Secure Results offers background checks available right from your PC:
 
Negligent hiring lawsuits are on the rise. Estimates show that 30% to 40% of all job applications and resumes include some false or inflated facts. If an employee's actions hurt someone, the employer may be liable. Employers lose 72% of all negligent hiring suits and the average jury plaintiff award in employment law cases continues to be in excess of $1,000,000. In effect, courts are saying that the employer is responsible for what they know and what they should have known about their employees. This threat of liability gives employers reason to be cautious in checking an applicant's past. If your company can show that a reasonable effort was made to conduct an applicant background check, you can increase the odds of winning a "negligent Hiring" lawsuit.
 
Our Background Checks offer the following features:
  • 100% in - person/real time court verifications
  • 100% Compliance with all Federal and State laws
  • 24/7 Internet Ordering
  • Provider is a member of the NAPBS (National Association of Professional Background Screeners)
  • Superior Turn Around Times
 
Click Here to go to our website where you'll find the four easy steps you'll need to do complete to begin ordering your background checks online!
Important Info 
 
The Department of Transportation published a final rule authorizing the use of an updated Alcohol Testing Form with a mandatory start date of August 1, 2010. The Department subsequently learned the industry might not use all the forms by that mandatory use date. To avoid wasting the forms, the Department is extending the mandatory use date to January 1, 2011.

This rule is effective July 2, 2010.

FOR FURTHER INFORMATION CONTACT: For program issues, Bohdan Baczara, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; (202) 366-3784 (voice), (202) 366-3897 (fax), or bohdan.baczara@dot.gov

- DATIA Headquarters
 

New DOT Updates

 

The Department of Health and Human Services (DHHS) is revising the Mandatory Guidelines for Federal Workplace Drug Testing Programs. The revisions were orignally effective May 1, 2020 but was changed to allow sufficient time for implementing the new guidelines and will now go into effect October 1, 2010. This will apply to all DHHS-regulated employees and applicants and will impact a variety of program participants and service agents as well as laboratories.

 Effective October 1, 2010, the initial test panel of drugs will increase from 5 to 7 and are to include; heroin metabolite 6-Acetylmorphine (6MAM) and MDMA (Methylenedioxymethamphetatmine, Ecstasy).

Urine the Know Drug Test - Collection Pic

The makers of the "Whizzinator," a male prosthetic used to help men cheat on drug tests, were sentenced in Pittsburgh federal court. Gerald W. Wills and his business partner, Robert D. Catalano, sold the prosthetic along with synthetic urine as a way for those whose jobs that are regulated by the U.S. Department of Transportation to pass their drug tests. The duo pleaded guilty in November 2008 to conspiring to sell drug paraphernalia and conspiring to defraud the United States, due to the fact that the devices were specifically marketed as a way to beat federal drug tests. They each faced a maximum of eight years or a fine of $500,000, or both. As part of their plea agreement the men surrendered $300,000 in cash and all of their other assets which resulted in the U.S. District Judges David Cercone's decision not to fine either of them. Wills, who had previously spent almost six years in prison in the 1980's for a marijuana trafficking conviction, was sentenced to six months in a federal prison and his partner was sentenced to three years probation; a result of their cooperation with authorities. Catalano said he thought his business was legal but now understands and takes full responsibility for his actions.