We’ve been contacted by some clients who went through a safety audit where the auditor refused to accept as proof of enrollment in a drug and alcohol consortium a certificate that did not accurately show the legal name of the motor carrier.
This issue is happening mostly with sole-proprietorships that are also using a fictitious business name or DBA (doing-business-as) that has not been legally registered with your county nor included in the motor carrier profile or authority issued by the state or federal government.
If you sign-up with AADT and tell us your carrier name for example is XYZ Trucking, we do not verify your carrier name through state or federal databases and your enrollment certificate will show the name you gave us.
If your federal or state operating authority (permit) only shows your personal name (e.g. John Smith), you can only use that name on the side of your truck and for registering for services such as drug and alcohol testing services. Using a fictitious business name or d/b/a is allowed, but you need to update your motor carrier profile within FMCSA’s SAFER system to show that additional name and/or notify the state which issued you a permit to include the fictitious name or d/b/a so it is added to your permit. You can then legally use either name to identify your business.
WARNING: Fixing a problem related to proper motor carrier identification WILL also mean you must notify your liability insurance carrier to submit update proof-of-insurance to either the state and/or feds. Operating authority/permits will be cancelled by states and the federal government if insurance on file does not exactly match the name of the motor carrier.
So, if you are a sole-proprietor (e.g. John Smith) and are legally using XYZ Trucking as a fictitious/d/b/a name for your business, your insurance certificate must reflect both of those names.
You don’t need to fail a safety audit and the good news is we here at AADT can help you fix this problem, often for a very nominal fee.
Note: eCCF refers to “electronic Chain of Custody Forms”
With the recent HHS approval of various labs to implement an eCCF system for regulatory testing, there have been questions about what are Type 1 and Type 2 eCCFs. Below is a brief explanation:
Type 1: the collector uses an electronic CCF to document the collection process and then prints the CCF (Copies 1-5) without signatures. The collector, the donor, and the test facility personnel (e.g., accessioner, certifying technician, certifying scientist) sign the CCF using wet signatures. The electronic form is not signed.
Type 2: the collector uses an electronic CCF to document the collection process, the collector and donor sign using electronic signatures (the donor uses a digitized signature), and the collector prints Copy 1 with his/her electronic signature. This Copy 1 is the authoritative copy sent to the test facility with the specimen. The test facility personnel (e.g., accessioner, certifying technician, certifying scientist) sign the CCF using wet signatures.
HHS originally defined an electronic/paper Federal eCCF system in the HHS/NLCP Oversight and Requirements document on the SAMHSA website.
Subsequently, to enable the use of eCCF systems currently in place for non-regulated specimens (that were proposed for use with regulated specimens), HHS revised definitions to allow the 2 types of electronic/paper combination systems described above. See the June 23, 2015 National Laboratory Certification Program (NLCP) Notice. These 2 system types and requirements for their use are also defined in the NLCP Manual and addressed in other NLCP guidance (e.g., CCF Decision Trees).
AADT will be offering two training sessions on DOT Drug & Alcohol Supervisor Reasonable Suspicion, which is a requirement of DOT CFR 49 Part 382. If you have not taken this training or would like to brush-up on your knowledge, please join us at the West American Truck Show in Fresno, CA on September 24th and 25th. The sessions will be held each day from 1:00 PM – 3:00 PM.
Early bird pricing of $69 per person will be available through August 30th; registration after that will cost an additional $10. To register for these sessions or to get more information please click here.
With the first quarter of 2016 testing coming to a close we would like to point out a few things regarding your random notifications. When the notification and authorization forms are mailed out to you, we ask that you take a moment to review and read the notification instructions. The most important section is what the employee/driver has been selected to complete. Many of our clients just hand the authorization form to the selected individual without explaining which type of test(s) they will need to complete once they arrive at the collection site. If the selected individual has to complete a drug and alcohol test and the collector only performs the drug test you will then receive a Second Notice that the individual still needs to complete the alcohol test. This would be an inconvenience for you and the driver to have to stop working and go out to test again.
It’s also important to send the driver to a collection site that does both drug and alcohol tests. We have an online list of our collection sites and you should only select sites that do both tests just by simply marking the box in the search feature.
Once the driver has completed both tests you must then fill out the notification form and email or fax back to AADT with a copy of the Chain of Custody Form and Breath Alcohol test form. The Breath Alcohol test has immediate test results and they do not need to be sent to the laboratory and MRO to report the result, so AADT does not get a copy of the result unless you send it to us. Following these easy steps will help us all out.
As your service provider we need to notify all our clients what is required by the FMCSA to be compliant and in January we mailed out the Reasonable Suspicion training requirements and the order form. All clients with employees must have someone trained in Reasonable Suspicion. If you only use owner-operators under your operating authority, this requirement still applies to you. The only exception to this requirement is for single truck independent owner-operator motor carriers; they do not need to take this training for themselves. There is confusion on this requirement surrounding whether supervisor training applies to O-O’s who are incorporated. We are seeking guidance from U.S. DOT and will follow-up in a future issue.
IT IS REQUIRED UNDER DOT-FMCSA 49 CFR PART 382
According to §382.603 Training for Supervisors – Every employer shall ensure that persons designated to determine whether reasonable suspicion exists. In order to require a driver to undergo testing under §382.603, they must receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on controlled substance use. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.
So if you have not had somebody supervisor-trained please fill out the order form on the back of the letter and send to us so we can process your request.
Question: How do I get my annual MIS reports for inspections?
Answer: Annual MIS reports are available on our website aadrugtesting.com. When you login to your account with your username and password they are under Inspection Reports.
Our first month of 2016 has come to an end and if that’s an example of what the year is going to be like then we are prepared for a fast roller coaster ride. The month flew by so quickly but not without many changes for 2016.
We have been updating all our documents including the Compliance Manual and should have all the updated information available online at www.aadrugtesting.com hopefully before the end February. We are also looking at changing the renewal forms and random notifications to a simpler format. Read more
Make a plan before you party:
Designate a Sober Driver This St. Patrick’s Day
Fact: St. Patrick’s Day Is Dangerous
- Widely celebrated across the country, St. Patrick’s Day is one of the deadliest holidays due to the number of drunk drivers on the road. The St. Patrick’s Day holiday period (6 p.m. March 16 to 5:59 a.m. March 18) from 2010 to 2014 saw the loss of 266 lives due to drunk-driving crashes.
- In 2014, alone, 29 people (28% of all crash fatalities) were killed in drunk-driving crashes over the St. Patrick’s Day holiday period.
We hear this question quite regularly, and the answer is Yes!
The FMCSA issued a Notice of Proposed Exclusion (NOPE) to a Elizabeth “Betsy” Pope, and Eastgate Laboratory Testing, in Tennessee and all other places that it was doing business.
On January 20, 2015, the agency notifyed Ms. Pope that she had engaged in serious noncompliance. In the NOPE, the FMCSA stated that the DOT’s Office of the Inspector General conducted a criminal investigation of the company’s activities.
On August 18, 2015, The Department of Transportation (DOT) issued a decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs that excludes a service agent, Elizabeth “Betsy” Pope d/b/a Eastgate Laboratory Testing, from providing drug and alcohol testing services in any capacity to any DOT regulated employer for a period of 5 years.
Ms. Pope and her company provided Medical Review Officer services to DOT-regulated trucking companies when Ms. Pope was not qualified to act as a Medical Review Officer.
Read the Federal Register notice on the Public Interest Exclusion. – See more at: https://www.transportation.gov/odapc/news#sthash.CArxyW2b.dpu
America’s Surface Transportation Act or FAST Act” contains two provisions designed to attack the problem of increasing traffic deaths in the U.S. The U.S. is on track to have the highest number of highway related deaths since 2007.
While an improving economy always means an increase in miles traveled with a corresponding increase in traffic crashes and fatalities, add in the effect of distracted driving and the legalization of marijuana in more states and its understandable that federal officials are concerned about new ways to reduce the carnage.
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