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News
Some people believe that “No News is Good News” and that “Ignorance is Bliss”.
We don’t. Therefore, we will post items in this section from time-to-time to give you a “heads up” regarding issues we think should be brought to your attention.
UPCOMING REASONABLE SUSPICION TRAINING
Drug Screens Plus sponsored Supervisory Reasonable Suspicion Training is scheduled for Thursday, January 28, 2010. Access link below for a registration form with details and additional registration information.
Reasonable Suspicion Registration Form
P.I.E. ANNOUNCEMENT
Published in November 17, 2009 Federal Register is the Department of Transportation’s Public Interest Exclusion (PIE): Michael R. Bennett and Workplace Compliance; Final Public Interest Exclusion Order http://edocket.access.gpo.gov/2009/pdf/E9-27525.pdf .
This Federal Register Notice announces that the Department of Transportation issued a PIE decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding a service agent, Michael R. Bennett; his company, Workplace Compliance, Inc. in North Carolina, Texas, and all other places it is incorporated, franchised, or otherwise doing business; and all other individuals who are officers, employees, directors, shareholders, partners, or other individuals associated with Workplace Compliance, Inc., (Michael R. Bennett, et al.) from providing drug and alcohol testing services in any capacity to any DOT-regulated employer.
- The duration of this PIE is 5 years. This is the maximum sanction permitted under Part 40.
- The Federal Aviation Administration brought this PIE action after investigating and substantiating that this service agent violated Part 40 on many occasions because Mr. Bennett had performed all roles and responsibilities of an Medical Review Officer (MRO) under Part 40, even though he was not a licensed physician (a Doctor of Medicine or Osteopathy), and therefore not qualified to act as an MRO. Michael R. Bennett, et al., used a medical doctor’s name on thousands of negative test results and hundreds of non-negative test results in order to verify these DOT-regulated drug test results. Michael R. Bennett, et al., communicated those results to employers and/or other service agents for communication to other DOT-regulated employers.
- In accordance with the terms of the Department’s Decision and Order and per 49 CFR § 40.403(a), Michael R. Bennett, et al., have been required to directly notify each of the affected DOT-regulated employer clients in writing about the issuance, scope, duration, and effect of the PIE. In addition, the Department has notified employers and the public about this PIE by publishing a “List of Excluded Drug and Alcohol Service Agents” on its website at: http://www.dot.gov/ost/dapc/pie.html.
- As required by 49 CFR § 40.401(d), the Department published the Federal Register notice to inform the public that Michael R. Bennett, et al., are subject to a PIE for 5 years. After July 31, 2014, Michael R. Bennett, et al., will be removed from the list and the public will be notified of that removal, also in accordance with 49 CFR § 40.401(d).
A full copy of the Department’s Decision and Order can be found at: http://www.dot.gov/ost/dapc/pie.html.
Chantix Reminder
FMCSA regulations prohibit the use of prescribed drugs that adversely affect the driver's ability to safely operate a commercial motor vehicle.
The FDA has issued a public health advisory on Chantix, a drug prescribed to treat smoking addiction. It works in the brain to block the pleasurable effects of smoking and helps to decrease the desire to smoke.
Note: May cause drowsiness or dizziness. These effects may be worse if an individual takes the medication with alcohol or with certain other medications. An individual should use Chantix with caution and should not drive or perform other possibly unsafe driving tasks until he/she knows how they react to the medication. Cases of suicide, attempted suicide, and violent behavior have been attributed to the use of Chantix, including patients with no prior history of psychiatric illness. Chantix (the trade name in the U.S. for Varenicline), is known as Champix in Europe, Mexico, Canada, and Australia. See FMCSA’s statement (Chantix): http://www.fmcsa.dot.gov/statement-5-23-08.htm
While FMCSA does not name specific medications in its regulations, they have issued a statement that "it appears that medical examiners should not certify a driver taking Chantix because the medication may adversely affect the driver's ability to safely operate a commercial motor vehicle."
In general, under 49 CFR 391.41(b)(12):
A person is physically qualified to drive a commercial motor vehicle
if that person:
Does not use a controlled substance identified in 21 CFR 1308.11,
Schedule I, and amphetamine, a narcotic, or any other habit-forming drug.
Exception: A driver may use such a substance or drug, if the substance
or drug is prescribed by a licensed medical practitioner who is familiar with
the driver's medical history and assigned duties; and has advised the driver
that the prescribed substance or drug will not adversely affect the driver's
ability to safely operate a commercial vehicle.
The recommendation is that individual drivers who are prescribed Chantix, not be certified to operate a commercial motor vehicle. It is best practice for Medical Examiners to use FMCSA guidance when making a medical qualification determination (i.e. Medical Examiners Manual). Ultimately, it is the Medical Examiner’s decision whether to qualify an individual driver who is using Chantix. We encourage the Medical Examiner to make public safety a priority when making decisions about medical qualification.
If you have any questions, please contact
Jill Fryling, DSÊ Medical Examiner @ 616-532-9034
Observed Specimen Collection 49 CFR 40.67(b)
The effective date moved from August 25, 2008 to November 1, 2008 and finally became official August 31, 2009. 40.67(b) reads: "As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test or a follow-up test." The other changes in the Part 40 Final Rule issued June 25, 2008 are (as of August 25, 2008) now in effect; including the rule in 40.67(i) which will "require observers in all direct observation collections to check employees for the presence of prosthetic and other devices used to cheat on tests, by having employees raise and lower their clothing).
{Quote is from ODAPC Announcement issued August 25, 2008.)
For additional information see:
http://federalregister.gov/OFRUpload/OFRData/2008-19816_PI.pdf
CONGRATULATIONS Dr Budnick!!! 2008 Excellence in Risk Management Award Winner.
Our MRO, John S. Budnick, D.O. is a board certified Addictionologist and medical director of the Turning Point Program in Grand Rapids MI. His practice was recognized in the Best Practices newsletter of the American Physicians’ Assurance Corporation.
Announcing C-SAPA Prime! for DOT-regulated DERs or C/TPAs.
Until now, to become a Certified Substance Abuse Program Administrator, you would have to be tested for knowledge in all DOT regulated modalities (FAA, USCG, FMCSA, FRA, FTA, PHMSA).
NOW, there is C-SAPA Prime! Now, you can qualify for certification in a single “Primary” area of responsibility. C-SAPA Prime! If you take pride in the job you’re doing, get the recognition you deserve. Get certified.
For example: Certification with a primary focus on FMCSA is indicated by C-SAPA(M). And, your certification exam is focused on DOT regulations you work with every day (49 CFR Part 40 and Part 382).
Because a significant majority of DOT-regulated substance abuse program administrators (whether DERs or C/TPAs) are subject only or primarily to FMCSA regulations, C-SAPA(M) is the first C-SAPA Prime! designation offered by the Substance Abuse Program Administrator’s Certification Commission (SAPACC).
For more information about C-SAPA Prime!, contact SAPACC for a C-SAPA(M) Application Packet. http://www.sapacc.org/
