Beating The Cheaters
FTA NATIONAL CONFERENCENew Orleans 2017
What is at stake?What are the incentives?
For the donor:
Preservation of their jobPreservation of ability to change jobsAvoiding additional (external) consequences
For the public:
Preventing impaired people from performing safety-sensitive functionsEnsuring safety for the public and community
For the transit employer:
Preserving your missionPreserving your reputationRemaining compliant with federal regulationsPotentially devastating financial costs
When are attempts made?
Preparation
The employee is prepared:
Vast resources exist to assist employees in cheating a test
How do you stay ahead?
The donor is preparedThe collection site may be vulnerableThe program may have weaknesses
Start at the Source
We will focus on the arrivalatthe collection siteAdditional vulnerabilities not discussed:Selection listNotification processTravel and arrival
The Collection Site
The Tests
Alcohol TestEBT: Equipment maintenanceManual modeDrug TestsDuring & After
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.61(c) Employee photo IDCheck the photoCheck the Date of Birth on the CCF against the ID
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.61(f) Outer garmentsDonor must remove outer garments or loose-fitting garmentsJackets, sweatshirts, vests, etc.Not down to undershirts/garments
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.61(f)(4) Empty pocketsRequire removal of ALL itemsAsk donor to pat pocketsItems may be returned immediately
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.65(a) Insufficient quantityCarefully check the quantitySet higher goal if marking the container
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.67 Not properly conducting a Directly Observed TestFollow the actual protocolsHave observers availableDocument refusal thoroughly
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.71(b)(7) Initial bottle sealsAsk for clear writingCheck the initials!
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.73(a)(1) Sign Step 5 (employee)Must occur before Step 4Carefully check the information for accuracy and clarityRecheck date of birth against ID
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.73(a)(2) Complete Step 4 (collector)Collector must complete Step 4afterdonor completes Step 5Step 4 is a signed statement affirming the accuracy of the process
Drug Tests -During
Subpart E40.61(c) Employee photo ID40.61(f) Outer garments40.61(f)(4) Empty pockets40.65(a) Insufficient quantity40.67 Not properly conducting a Directly Observed Test40.71(b)(7) Initial bottle seals40.73(a)(1) Sign Step 5 (employee)40.73(a)(2) Complete Step 4 (collector)40.73[general] Ensure that the specimen is secure until pick-up
Drug Tests -During
40.73[general] Ensure that the specimen is secure until pick-upWhere is the specimen kept for pick-up?Is it safe?Do you know the courier or shipping vendor?
Drug Tests -During
Overarching Concerns About the Collection ProcessBringing in a substanceAdulterant or substituteDisposing of the remains/packaging
Drug Tests -During
Overarching Concerns About the Collection ProcessDonors fully monitored by collectorFacility securedFederal procedure followed accurately
After the Collection
Drug Tests -After
Subpart G40.121 A qualified MRO40.129(a)(4) Verification interview40.131(b) & (c): Staff performing interview
Drug Tests -After
Subpart G40.121 A qualified MROAsk for ALL documents40.129(a)(4) Verification interviewConfirm that the donor was contacted by the MRO40.131(b) & (c): Staff performing interviewAsk the employee who contacted them (if possible)
Drug Tests -After
Subpart I40.292 - RefusalsAny refusal must be thoroughly documentedDER determines refusal, NOT the collectorDocument times, conversations, statements, disposition, etc.
Drug Tests -After
Disputes that arise after the collection will rely almost entirely on documentationAsk for assistance or guidance from FTACollectors, MROs, MROAs, TPAs, and DERs may all be involved
Differentiate the Actions
Employee-removal from safety-sensitive functions is the duty of the transitemployerIt is not the same as discipline, termination, etc.May not necessarily have bearing on tests or test outcome
Learn from History/Peers
Ask the collection site if they have ever detected an attempt to cheatAsk the MRO or TPA about their experiencesKeep it simpleComplex devices are available, but the most likely area of concealment is in pockets or undergarments
Prepare your Collection Site
Visit the collection siteConsider interviewing the facility (or network) trainerAsk SPECIFIC questions about past situations
Last
Confront the inherent limitations of the processAttempt to minimize the vulnerabilitiesMonitor cumulative integrity of the overall processThe effort is ongoing
Thank you.
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