Webinar Replay #102: Drug Clearinghouse – Return to Duty Process

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Steve Kessler: Good afternoon! Welcome to the INFINITI Fast Forward webinar series.

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Steve Kessler: Appreciate y’all taking some time to join us today.

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Steve Kessler: My name’s Steve Kessler, and I’m going to host the program this afternoon.

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Steve Kessler: Our topic today is,

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Steve Kessler: About, return to duty testing guidelines. Obviously, the Drug Clearinghouse, which, came to be back in 2020, I think is, has been put there for the right reasons, to take some…

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Steve Kessler: drivers with problems off the road and help those that have problems get back to work, but there’s often some confusion and issues as it relates to that process that you have to go through, so we’ve got our expert on here today to kind of walk us through some of that.

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Steve Kessler: Couple of housekeeping things, and then I’ll introduce our, our guests.

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Steve Kessler: First of all, everybody that’s on is muted, so we can’t hear you, so if you’d like to interact with us and make a comment, you can do that with the, with the chat feature that’s there, or the Q&A box. You can type in a question there if you’d like.

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Steve Kessler: So why don’t y’all, just jump on the chat, tell us who you are, and where you’re, from, and what company you’re with, so we kind of have an idea who’s out there today.

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Steve Kessler: So, while y’all are doing that, I’m going to go ahead and introduce, first of all, my co-host, Mark Rhea. Those of you that join our webinars,

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Steve Kessler: I frequently see Mark on with me just about all our webinars. Mark’s a veteran of the trucking industry for, what, 35 years or more, I think, Mark.

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Steve Kessler: Does a lot of consulting with a lot of different groups around the country.

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Steve Kessler: expert, witness in, some of the trucking lawsuits, so, brings a great background, to our program. Mark, what do you think about our topic today?

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Mark Rhea: Well, it’s a very important topic. There’s a lot of confusion on what is required for the return to duty.

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Mark Rhea: And certainly, if there’s pros and cons, and I know our friend Alan is going to go over those with us. A lot of people just don’t do it at all. I don’t know if that’s a good idea, but we’ll go over the pros and cons, and the other thing is, this is a topic that you want to be able to…

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Mark Rhea: Make sure your drivers absolutely understand what the guidelines are, what their responsibilities are.

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Mark Rhea: And the way to do that, of course, is through some custom content, or some content you can assign through this system to make sure they understand

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Mark Rhea: their responsibilities for the return to duty. So, looking forward to… Alan’s an absolute expert in this industry for years, very well respected. I’m really looking forward to today’s presentation.

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Steve Kessler: Thanks, Mark. Let me go ahead and introduce Alan Teichelman. Alan has more than 25 years of experience in the drug and alcohol testing business.

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Steve Kessler: Alan started his career back in 1991 as general manager at a test, drug testing, in Fort Worth, Texas. There he focused on improving processes, customer satisfaction, and profitability through acquisitions and organic growth.

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Steve Kessler: In 2014, he joined FleetScreen, that was later acquired by DISA, I think it is how you say it, Global Solutions, as a national account manager.

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Steve Kessler: Working for FleetScreen provided the opportunity to offer clients more services, such as post-accident assistance, personalized consulting, advising on company policies, and DOT regulations.

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Steve Kessler: In October 2022, Alan joined CMI Drug Testing as their national sales manager, working with CMI sales staff and continuing to provide assistance to CMI drug testing clients.

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Steve Kessler: So, without any further delay, Alan, I’m going to turn the program over to you, sir.

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Alan Teichelman: Thank you, Steve and Mark. I appreciate the opportunity to visit with you. Again, CMI Drug Testing is a nationwide company.

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Alan Teichelman: Again, we have customers all over the U.S, and we are located at the corporate office in San Antonio, and I’m in the Fort Worth office. Today, we’re trying to do drug testing. We’re going to talk about the guidelines and how you do that, but there’s some, as Mark mentioned, there’s some pros and cons to it.

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Alan Teichelman: And how we… how we get to that point where you’re decided to… to do a return to duty test on one of your drivers. I know in today’s world that we are always looking for

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Alan Teichelman: drivers with DOT, and they’re hard to come by, and…

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Alan Teichelman: And so, again, the decision that you must make based on your employee handbook.

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Alan Teichelman: Do you do zero talents, or you do second chance? And doing a second chance, you give the opportunity now to, okay, I’m going to give that driver a second chance to

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Alan Teichelman: did not pass a drug or alcohol test, and so we’re going to do the return to duty. But first off, next page, Mark.

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Alan Teichelman: Or Steve, excuse me.

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Alan Teichelman: to the table context, I want too briefly…

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Alan Teichelman: These are things we’re going to discuss besides just returning to duty. We’re going to discuss the new things that happened with the medical card, English language, and fentanyl. So, Mark, Steve, the next one, please.

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Alan Teichelman: The purpose of the return to duty is there’s several reasons why an individual

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Alan Teichelman: fails a drug test or alcohol test. One is, it says refusal, it’s not just a refusal to say, okay.

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Alan Teichelman: I’m not going to take this drug test. A refusal can be a similar situation as

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Alan Teichelman: I didn’t give enough urine specimens. I decided that, you know, I couldn’t go to the restroom.

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Alan Teichelman: and I needed to do the 45 milliliters to… which is a sufficient amount to do the drug test. So, based on that.

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Alan Teichelman: you know, the refusal can happen. Second is, if that 3-hour window, you have got 3 hours to do a drug test.

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Alan Teichelman: So, Mark, next… Steve, next one, please.

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Alan Teichelman: when you’ve… a driver fails a drug test, a couple things kick in, and this, again, is based on your employee handbook, and your discussion with your driver, and a document that you haven’t signed that says what the next steps are going to take. So again, generally, when you

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Alan Teichelman: Obviously, everybody knows this, when the driver fails a drug or alcohol test, then it must be immediately removed

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Alan Teichelman: from their safety sensitive position, which means if they’re driving a truck, and you’re in a Texas company, but he’s in Missouri, you’ve got to go get that truck. He’s got to stop driving.

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Alan Teichelman: And so, from that point, you need to be aware of how you do your quarterly testing. Every TPA gives you a

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Alan Teichelman: A list of drivers that need to be tested on a quarterly basis, and it’s best, if you can, to obviously do them when they’re in the footwork… when you’re at your home base, and not on the road.

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Alan Teichelman: But again, sometimes you have a post-accident.

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Alan Teichelman: And you must do the test there.

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Alan Teichelman: Next slide, more. Steve, excuse me, I keep… Next slide.

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Alan Teichelman: Again, the refusal situation is… is it could happen with three… several reasons. One is…

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Alan Teichelman: what happens at 3 hours? Remember now, everybody knows that the driver has 3 hours.

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Alan Teichelman: to give a urine specimen. Obviously, the breath test can be done immediately, but 3 hours to give us an amount of 45 milliliters of urine to complete the drug test. If the driver during that time period does not give the 45 milliliters, then it’s up to the

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Alan Teichelman: The collection person to then stop the test.

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Alan Teichelman: Also.

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Alan Teichelman: you can give the driver up to 40 ounces of fluid to do that, to help them with that. But again, what you’re… you’re running into a situation where that

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Alan Teichelman: you’re leaving it up to the collection site to make a… make a hard, fast rule. This actually happened last month with one of our… I’ve had two calls within the last month, a potential customer, and a current customer, that one of their real good drivers, and they speak highly of them, and they didn’t want to lose them.

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Alan Teichelman: Cannot… couldn’t go to the restroom.

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Alan Teichelman: And the… the,

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Alan Teichelman: The driver wanted to come back the next day, and the hard, fast rule is no. Once that 3 hours are up, then the situation kicks in that, you know, you couldn’t give enough for it. It can be considered a refusal to give a drug test.

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Alan Teichelman: The referral then becomes… you can put on the documentation, or you can document… it’s called a shy bladder.

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Alan Teichelman: And then the problem kicks in now is that driver, because they couldn’t give him a specimen, they need it removed from safety sensor position, but they have to, 5 days now, to go through their doctor.

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Alan Teichelman: in a licensed physician, and get a medical reason why they couldn’t give a urine specimen. That’s why I suggest you remove them, they get removed from the safety sensitive physician, because my…

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Alan Teichelman: I hate to say it, majority of the time.

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Alan Teichelman: the driver just doesn’t go get the paperwork. I mean, he might go to a doctor, and the doctor might help him out and say, okay, yes, there was a medical reason for that.

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Alan Teichelman: For not giving a urine specimen, and then… Once that doctor

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Alan Teichelman: provides that documentation that he has to… then you have to provide it to your MRO, your medical review officer. It’s his decision, then, to decide whether, okay, we’re going to retest him, or it was a refusal, and there’s no test, and it’s now a positive test result.

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Alan Teichelman: The other part of that is, is that when you’re doing A test like this, that…

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Alan Teichelman: The urine can come back. Next slide, please.

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Alan Teichelman: The urine can come back as a diluted specimen.

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Alan Teichelman: Now, a diluted specimen is going to be a situation where that’s why it’s only given 40 milliliters of water to drink, because after a while, you don’t want that specimen diluted, or that they, again.

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Alan Teichelman: The test result will come back and tell the doctor

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Alan Teichelman: the MRO doctor, what percentage of that was diluted? Again, the… based on that is, if the accretion concentration is equal or less than 2 milligrams, then it could be considered a positive test. Now, the doctor can then immediately say, okay.

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Alan Teichelman: You had a medical reason, it was looted, but I don’t like it was looted, so we’re going to make you do another test. You have to immediately send the driver back to the clinic

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Alan Teichelman: And it has the observed collection from, obviously, the same sex as the

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Alan Teichelman: as the driver. So again, if it’s a diluted test, and it’s positive, it’s a positive test. If it’s a diluted, and it was a negative test, then that kicks in with the MRO has to decide, looking at the test results, the concentration

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Alan Teichelman: and decide, okay, I’m gonna agree that it was this…

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Alan Teichelman: it was… it was over… overactive with too much water he drank, or could… other reasons, I want to get… we’ll give him another test.

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Alan Teichelman: Next slide.

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Mark Rhea: Alan, back to the shy bladder, is the clinic responsibility for making that declaration for a shy bladder?

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Alan Teichelman: Yes, sir.

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Alan Teichelman: It is. They will… they have to determine

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Alan Teichelman: And you’ve got clinics both sides of the spectrum that are easygoing, and it says 40, they’ll let it go.

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Alan Teichelman: But it’s really the normal amount you need because of the testing, how it tests as test, and then on DOT, there’s a separate sample. They split up, but it has to be that 45. But yes, the clinic will decide at that time

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Alan Teichelman: After that 3-hour period, Did I get the specimen enough to do the drug test?

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Alan Teichelman: And yeah, thank you for that. I want to mention earlier, ask questions as we go along. Mark, relate to Steve or Mark those questions, and I’ll… I’ll ask them as we go.

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Alan Teichelman: But again, the refusal situation, because that deleted, is your driver cannot drive until he comes back for a non-negative test.

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Alan Teichelman: Next slide, please.

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Alan Teichelman: So, we’re going back to… back to the last time I did a webinar. This is one thing we discussed. What’s changed with the clearinghouse on how they handle commercial driver’s license. So, back in November of last year.

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Alan Teichelman: their return of duty didn’t change, the process didn’t change, but the status changed. It used to be that in the past, they would not give a prohibitive status. Now, once the driver

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Alan Teichelman: has now… refused the test. He is downgraded, and his driver’s license is revoked.

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Alan Teichelman: So, eased now. Prohibitive status. He can no longer…

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Alan Teichelman: Do we need commercial driving until the return to duty test is completed?

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Alan Teichelman: So, again, the clearinghouse states it also that the clearinghouse

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Alan Teichelman: will notify the state drivers, like the state of Texas, or Missouri, or Florida will know, so… and the state driver’s agencies will have to

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Alan Teichelman: document and pull that license and state on their records that it’s been downgraded and revoke his driver’s license until he does return to do your test. So this is important that you know that, again.

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Alan Teichelman: Refusal, non-negative tests, he is now downgraded, and whatever reason might be, he has now to go into the return to duty process, if that you chose to do. Next slide.

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Alan Teichelman: The steps for doing this are…

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Alan Teichelman: are pretty straightforward. The… your TPA

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Alan Teichelman: Your TPA will provide you with a list of certified SAP

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Alan Teichelman: certified abuse professionals, and that’s what… that’s one thing your TPA should do for your third administrative, like fleets… like we do with CMI. We have a list of doctors we work with, and we’ll… and the… the…

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Alan Teichelman: company will make a suggestion to us, and we’ll reach out to the driver. A driver will reach out to us, and we’ll provide him a list of

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Alan Teichelman: those SAP professionals. The SAT professional has to do an evaluation, and based on that evaluation, on the test result, talking to the

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Alan Teichelman: To the driver, he’ll make a recommendation on what’s going to happen next.

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Alan Teichelman: I have dealt with companies over the years,

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Alan Teichelman: that they have the program where they have a second chance, and they’ve drug tested those drivers up to 6… up to 5 years. So again, the first year, the minimum is going to be at least 6 drug tests during that first year.

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Alan Teichelman: And they all have to be negative. But what… what happens next is, once he does the evaluation, the driver will go back in and give another drug test.

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Alan Teichelman: If that drug test urine specimen comes back negative, then he can go into the system of the testing program, where he can get now the… the doctor will notify

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Alan Teichelman: the clearinghouse, and he’s changed from prohibitive to non-prohibitive. So now he can start driving once he passes that next test.

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Alan Teichelman: For the return to duty, but now the return to duty process kicks in that now we’ve got to do at least a minimum of 6 tests during the first year, and then it could go up to 5 years.

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Alan Teichelman: I’ve had…

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Steve Kessler: Alan,

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Steve Kessler: If a driver is at that point, and we’re about to start these 6 tests to follow up, what happens if they fail one of those 6?

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Alan Teichelman: Then he’s immediately… then the second chance is gone.

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Steve Kessler: Very true. But he’s immediately removed?

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Alan Teichelman: And the… the… and he’s… and he’s…

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Alan Teichelman: based on that, he’s terminated. Again, I’ve dealt with…

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Alan Teichelman: companies in the Northeast that have… have… and again, I’m not saying this, anything different, bad about it, that their drivers are part of a union.

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Alan Teichelman: And the union can dictate, based on their agreement with the company, okay, he failed the test, he can still stay on, and we’re gonna do another test and start all over.

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Alan Teichelman: Again, your situation is, is your policy, your employee policy, you have to make a decision, okay.

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Alan Teichelman: I’mma get… I’m gonna give,

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Alan Teichelman: zero tolerance, or I’m gonna give second chance, and second chance, then, this needs to be… this needs to be written out in the… in your employee handbook that you’re subject to additional testing. That will be determined by the SAP, and if you fail any of those… any of those tests, then your employment is terminated.

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Alan Teichelman: And so, yes, he’s immediately terminated and removed from, safety sense position, and then you notify

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Alan Teichelman: the, the clearinghouse gets notified again that he’s failed another drug test, and he’s now prohibited from driving.

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Steve Kessler: That earns the return.

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Mark Rhea: Is the return follow-up the same for everybody in your organization, or can it be unique to an individual?

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Alan Teichelman: Great question. It’s unique to the individual. I mean, based on…

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Alan Teichelman: you know, again, I’m just using examples.

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Alan Teichelman: I’m from Texas, I drove to Colorado, I had, you know, it’s legal for recreational marijuana. I did something there that

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Alan Teichelman: and I came back home, and on Monday, I came back Sunday, and Monday, you tested me. And you… I can convince the… the, substance abuse professional that’s what happened. He might just say, okay, it’s…

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Alan Teichelman: you know, one test, or 6 tests, or whatever for the year. But again, if he feels like you’re a chronic user, then that 5 years could kick in.

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Alan Teichelman: Again, the situation kicked in, as I mentioned.

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Alan Teichelman: Earlier with one of my… one of our customers, he called, he said, Alan, I feel great about this guy. I’m not sure what happened. I don’t think he has anything wrong with him, he just can’t go to the restroom.

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Alan Teichelman: Well, unfortunately, Because of that… that time frame of that…

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Alan Teichelman: that 3 hours, he… the test is now, I recall, refusal, because he couldn’t give an adequate urine specimen, and now he has to go see a SAP. After the MRI, your MRI for your company, review the test result.

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Alan Teichelman: It’s a… it’s a non-negative, then he has to go do it anyway, no matter if he’s a great employee, never had an issue with the company in 20 years. These all kick in. It’s just a… it’s… it is a hard, fast, set rule, but the answering the question is, it varies. I’ve had them, again, from one test every two months to…

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Alan Teichelman: Then 2 tests, and then… Up to 5 years. So, yes.

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Alan Teichelman: But they are all unannounced. Again,

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Alan Teichelman: The other part of this question is, or the answer to this, what your handbook here is, okay, I just… I’m gonna give this guy a second chance.

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Alan Teichelman: The SAP came back and said he’s got to do 8 tests over 2 years. Who’s paying for those additional tests? Under the current guidelines, you know, you got an employee that does a test, you’re going to pay for yourself.

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Alan Teichelman: All the… all the guidelines from DOT says, and it’s very…

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Alan Teichelman: just very vague. It just says that the company is responsible for setting up that initial test.

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Alan Teichelman: And it does not say who pays for what. So then your situation is, again, your employee handbook needs to say, okay.

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Alan Teichelman: We’re gonna do a second chance. You’re responsible for every test after that first one.

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Alan Teichelman: We’ll pay for the initial return to duty to get you back on the trucking as an eligible driver, but again, you can no… but any other test that the SAP requires of you, you’re paying for it. It comes out of your pocket, and we’ll deduct it from your paycheck, or we’re going to pay for all of them. I have customers doing it both ways.

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Alan Teichelman: I know up at the… with the… this company had a union I work with up in the state of New York.

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Alan Teichelman: The company pay for all of them.

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Alan Teichelman: Because it was in their agreement

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Alan Teichelman: With their driver’s union, okay, if this happens, we’re gonna do this.

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Steve Kessler: That’s what they do.

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Alan Teichelman: So again, next slide, please.

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Steve Kessler: Hey, Alan, a couple of questions here before we move on. Sure. Eric had a question, says, is a… is a negative dilute still a negative result if the MRO doesn’t suspect anything?

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Alan Teichelman: Yes.

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Steve Kessler: Yes.

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Alan Teichelman: Yes, again, that’s up to the MRO to make that final decision. He’ll look at the test results and back to that, you know, the concentration accretion, to decide whether the decision’s made there. We actually…

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Alan Teichelman: in our…

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Alan Teichelman: when we set up with CMI, we actually asked that question on a diluted thing, how do you want to handle diluted.

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Alan Teichelman: You know, test result.

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Alan Teichelman: you know, we have several MROs that work for us, and based on what you state us is how we’re going to handle that to you. So, again.

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Alan Teichelman: If the… if the MRI says, okay, it was… it was deleted, diluted, excuse me, but it wasn’t ample enough to meet… warrant my concerns, then it’s a non-negative test. But again, it has to go through the assessment of the MRI making that decision. Again, the MRI says, no.

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Alan Teichelman: I’m not going to authorize this as a negative test, then the SAP situation kicks in.

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Steve Kessler: Okay, we have another question here. Somebody’s asking, what about for B1 drivers?

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Mark Rhea: It applies to… D1 are the international drivers.

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Alan Teichelman: Right, it’s the same.

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Steve Kessler: Doesn’t matter.

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Alan Teichelman: Yeah, I mean, the…

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Alan Teichelman: Once you cross into the United… if you’re an international driver and you’re in the United States, you’re under the DOT guidelines. Those rules apply to everybody.

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Steve Kessler: Cross $40.

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Alan Teichelman: Same.

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Steve Kessler: Doesn’t matter.

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Steve Kessler: Very good. So you ready for the next slide?

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Alan Teichelman: Yes, sir?

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Steve Kessler: Oops.

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Alan Teichelman: Well, I actually, yeah, next slide, because I’ve started talking ahead of my slides. Let’s go. One more, please.

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Steve Kessler: One more after this?

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Alan Teichelman: Yeah, because I’ve talked ahead of myself. Okay.

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Steve Kessler: That’s alright.

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Alan Teichelman: the… Again, the…

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Alan Teichelman: The collection, every time on a… on a return to duty test on a specimen, has to be an observed test. So, again.

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Alan Teichelman: you’re looking at a process where you’ve got to use a clinic that obviously has a male and female, because it’s part of the collection process that has to be observed. So again, unfortunately, because when you

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Alan Teichelman: Failed a drug test.

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Alan Teichelman: all okay, you’re okay, situations, kick, falls away. You’re now subject to, okay, I don’t trust you at all, we’re gonna… we’re gonna observe, test. So again, that… that situation, again, you… for the company.

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Alan Teichelman: You’ve got to make sure that you send a driver to a collection site that has both a male and female collector to do that urine specimen.

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Alan Teichelman: Again, a couple things.

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Alan Teichelman: Up to the employer’s responsibility, once that negative return to duty test has been… has been done.

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Alan Teichelman: It’s up to the employer to…

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Alan Teichelman: To, by the third business day to report that result to the… to the clearinghouse.

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Alan Teichelman: And again, the negative test result, they can resume their normal safety sensitization as driving. So again, there’s a lot hanging on that one test, that return to duty test.

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Alan Teichelman: So again, you… once that’s passed, then the… then… then the company has to report that as a negative test result, and then you’re, in turn, the process starts regarding based on the recommendation of your SAT.

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Alan Teichelman: Next slide, please.

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Steve Kessler: Right, another quick question. The return to duty test, obviously, you said they have to let the clearinghouse know by the third business day.

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Steve Kessler: But your next slide says, once a drug negative is received.

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Steve Kessler: Do they have to verify that through the clearinghouse, that that’s then posted there?

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Alan Teichelman: No, sir, no. No, you just got… you just… your job is to return in the duty and notify him. You have 3 days to notify him. Obviously, I would…

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Steve Kessler: putting them back.

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Alan Teichelman: that would be something I would jump on immediately and get done.

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Steve Kessler: Right.

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Alan Teichelman: if possible.

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Steve Kessler: For sure.

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Alan Teichelman: Because you’re… because what’s going to happen next is, is that, you know, your driver sizing wants to go someplace else, after a week.

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Alan Teichelman: And it better be a non-negative test result for that return to duty. So, yes, it’s that you’re… that’s, they can still start driving, but you’ve got 3 days to get that result to them.

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Steve Kessler: Perfect.

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Alan Teichelman: Okay, next slide.

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Steve Kessler: Yes, sir.

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Alan Teichelman: here, this situation applies, okay, I want to…

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Alan Teichelman: hire somebody, and this is the other question I have from a potential customer.

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Alan Teichelman: that I’m trying to get their business. The situation came that, Alan, I got this driver I really like.

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Alan Teichelman: But I want to, I want to hire him, but now he tells me he… he tested negative for a

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Alan Teichelman: A test result, and he’s now in a program with a SEP, and what do I do?

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Alan Teichelman: Well, again.

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Alan Teichelman: you have to take over those… the first thing you have to do is take over those testing. You… you can hire the gentleman, or the lady, or man, whatever you want. You can hire them, but

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Alan Teichelman: there’s two things that happen. When you hire a new employee, there is a pre-employment test, and then you’ve got to do the return to duty test. If you do it at the same time, when you’re at SAP, the return to duty test supersedes the pre-employment, so you don’t have to…

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Alan Teichelman: You don’t have to do two tests.

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Alan Teichelman: Again, and I failed to mention this earlier, anytime a driver leaves your testing program for 30 days.

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Alan Teichelman: He’s like a new employee.

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Alan Teichelman: So, that’s… that’s where this kicks in. So, I’m gonna hire…

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Alan Teichelman: I’m gonna hire my guy back, but he’s been gone 30 days. Well, DOT says you gotta do a pre-employment drug test because he’s been gone for 30 days of your program. Well, and also he’s in a…

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Alan Teichelman: a truck testing program. Well, you just… you can’t classify the next test as a pre-employment. You have to mark it as a return to duty test, and that supersedes any pre-employment. So.

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Alan Teichelman: you can use it as a pre-employment. He was negative and didn’t fail the test.

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Alan Teichelman: But it’s got to be noted as a return to duty test.

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Steve Kessler: And that has to be a.

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Alan Teichelman: That’s… that’s why it’s so important that you’re, you know, you work with your TPA. Now.

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Alan Teichelman: this is for companies who have a DER, or HR handles this, but what if the owner-operator is owner-operator, and he fails a test?

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Alan Teichelman: All this thing kicks you in the same thing, but now you work with the TPA.

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Alan Teichelman: the TPA… We’ll… and we’ll be in charge of

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Alan Teichelman: working with a SAP and professional, and will, in turn, dictate when, based on… and the… and the something professional, he will give you exact dates. He’ll say, I want it done on September

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Alan Teichelman: 28th. I want it on October 1st and October 15th. He’ll give you exact dates he wants it done, and based on that, the… we’ll notify

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Alan Teichelman: The owner-operator, hey, You’re under this program, it’s time for you to go and do a drug test.

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Alan Teichelman: And again, it’s a little different situation with owner-operators, but the same program kicks in, except now the TPA is involved, the consortium.

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Alan Teichelman: But again, that 30 days kicks in. If you remember, 30 days, it doesn’t matter

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Alan Teichelman: Whether you pass the test, flunk the test, he takes administrative leave.

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Alan Teichelman: I’m gonna go on a vacation for 30 days, or 35 days. I’m gonna be leaving that return to duty, I mean, excuse me, the pre-employment test has to be completed after… if it’s not 30 days.

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Alan Teichelman: Next slide, please.

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Alan Teichelman: This is kind of a highlight, we just… one more, please.

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Alan Teichelman: This is kind of a summary of what we just did. These questions here, a summary of what we did is, again.

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Alan Teichelman: A question. Employer may give the driver a single drug test to meet the requirements, but again, it’s categorized, is that it’s not a… it’s a pre-employment drug test, or it’s return to duty. You need to remember that return to duty, is…

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Alan Teichelman: Superseded by the return… over the pre-employment drug test.

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Alan Teichelman: Again, a driver… again, a driver flunks a test.

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Alan Teichelman: He’s got to remove from the program immediately, and your decision based on your employee handbook?

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Alan Teichelman: Again, I think everybody knows this, and we all… we all probably have done it. Employee handbag needs to be signed, a document signed, that they discuss this with their employee of all these rules, that we have a… we have a zero tolerance, or return to duty.

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Alan Teichelman: Next course, next slide.

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Alan Teichelman: Okay, I guess first off, any questions about the return to duty, on how that works?

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Mark Rhea: I had one other question. If a driver changes jobs, he’s in the program, and he’s gotten 2 of his 6 done, and he changes jobs.

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Mark Rhea: Does he have to keep the ex… does he take on the new MRO for the new company, or does he continue to use the pre-existing MRO to make sure everything’s done right?

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Alan Teichelman: Sure, two things. He uses the new MRO, but he stays with the substance professional, SAT professional.

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Alan Teichelman: The new company We’ll take on those additional four tests.

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Alan Teichelman: part of it, and the new MRI or MRO with the new company will…

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Alan Teichelman: will be the person monitoring that, because again, the records now show everything’s based on the company’s DOT number. So, you know, you change companies, well, it’s not a problem to change companies, and it’s not a problem to hire somebody who’s in the program.

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Alan Teichelman: You just, I know you’re still staying with that… the current SAP, and you’re still meeting those guidelines that he set forward, but the new MRO

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Alan Teichelman: We’ll be looking at the test results, and obviously still will the sap.

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Mark Rhea: and the new MRO can get into the clearinghouse and make a…

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Mark Rhea: A confirmation of what’s been done and what needs to be done.

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Alan Teichelman: Correct, yes, sir.

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Alan Teichelman: Yes, sir. Yes, sir.

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Alan Teichelman: Okay, a couple things that have happened within the last,

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Alan Teichelman: couple of weeks or months that I just want to bring up regarding the… since we went over the turn of the duty. Again, a summarize the turn of the duty is…

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Alan Teichelman: The driver fails the drug test.

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Alan Teichelman: he has to now go to a subst… if you want to keep the driver, he has to go to a substance abuse professional. That professional will do the evaluation, will determine, okay, he needs one test or a dozen tests.

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Alan Teichelman: Who pays for those tests?

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Alan Teichelman: And again, your situation is, this all needs to be in your employee handbook, how you’re going to handle it, and the driver needs to sign off of it before

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Alan Teichelman: You bring him on as your current driver.

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Alan Teichelman: Now… A couple things have happened regarding

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Alan Teichelman: English language requirements and medical cards that I’d like to briefly discuss.

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Alan Teichelman: A couple weeks ago, it’s always been a requirement of the

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Alan Teichelman: The DOT for English language requirements that you know English.

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Alan Teichelman: to be a truck driver in the United States, to have a commercial driver’s license.

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Alan Teichelman: But now, what’s changed based on President Trump’s executive order, it’s now an out-of-service violation. So now, if you’ve got a driver who does not speak English, or whatever reason you’ve hired that doesn’t speak English or can read English, and he’s stopped.

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Alan Teichelman: then the… the… the DOT… I mean, excuse me, the power patrol, or, or… well, the N…

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Alan Teichelman: Stopping it will, again, make this his determination. He can’t speak English, it’s out of service violation, that truck is stopped right there. So you have to go get that truck, wherever that truck might be, and bring it in.

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Alan Teichelman: just briefly, there’s some statistics here that looks like that, you know, over the last 2 years, there’s a database from FMCSA that says there have been 15, over 15,000 violations. Now those violations are now out-of-service violations, and stops the truck wherever they are.

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Alan Teichelman: which I was…

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Alan Teichelman: at the bottom of the page, it talks about that, 16% of those drivers were… had Texas driver’s license. Then… then California was next, with 9.8, and obviously then Illinois and New Jersey and Florida were behind with 7.5. So again, it’s… it’s out there.

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Alan Teichelman: And so… If you’ve got a driver that, does not speak English.

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Alan Teichelman: You know, my suggestion is, the recommendation is.

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Alan Teichelman: you… you make this… you’re able to teach him English, or whatever you want to do, if you want to keep him. I’m not saying he’s not a great driver, but based on this executive order, that truck’s going to be sidelined wherever it is, and on the side of the highway, he can go get it, because he can’t speak English.

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Alan Teichelman: The, next slide and the next slide, go to the medical cards, because I discussed both of them. One more, and one more.

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Alan Teichelman: So here, this has happened recently.

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Alan Teichelman: A backup one, I’m sorry.

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Alan Teichelman: There’s a medical coral… yeah, there you go, thank you.

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Alan Teichelman: It says, this happened recently.

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Alan Teichelman: Your driver no longer needs to carry with him

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Alan Teichelman: a medical card. I recommend that you still do that, just for the driver protection, but because there’s so much fraud going on.

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Alan Teichelman: they feel like with the examination and these are not being done properly, is that now it’s all electronic. So, as of June 23rd, the medical card is now electronically

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Alan Teichelman: It’s sent into the FMCSA National Register. That’s where the highway patrols or the state agencies will be… local police will be checking to make sure it’s there. So again.

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Alan Teichelman: one… and this… the last sentence makes it very clear, the doctor, the medical examiner did that. He has to submit that result, but he has one day, basically, midnight of the calendar today to do that. So again.

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Alan Teichelman: The driver can carry the medical car if he wants to, but they’re not looking at it. They’re looking now at the database.

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Alan Teichelman: So, be sure that, again, your driver’s aware that the database now has their card. So, if you’re behind.

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Alan Teichelman: and the medical card is not up to date, it’s going to be in the… the Highway Patrol is going to check, or the state agency is going to check that National Register, and it’s going to show his… his medical card is left.

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Alan Teichelman: Next slide, please.

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Alan Teichelman: This is just something that… just a thing that I… I just threw in here, because I… I think it’s important that you… to save time when your drivers go to get their mail gazam.

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Alan Teichelman: these three things. Don’t have him go show up and know, I can’t do the… can’t complete the result because the milk exam, because I forgot something. He needs his eyeglasses, prescription, list of medicines that he takes, and a clearance from doctors to say, okay, you can do this.

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Alan Teichelman: he has a heart condition, but it’s not sufficient that he shouldn’t be driving, or whatever condition he might have that says that… that… that might pop up. So again, it’s nothing except that I’m saying is, please tell your drivers that when they go into the medical… get their medical card.

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Alan Teichelman: And they have to do that medical card every year. These are things you need to bring with it.

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Alan Teichelman: Next slide.

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Alan Teichelman: This came about, I guess this was, like, 3 weeks ago.

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Alan Teichelman: A NPRM knows the proposed rulemaking.

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Alan Teichelman: It hasn’t been set a date yet. I assume it’s going to happen pretty quickly, but… and I’ll… we’ll notify everybody about it. But fentanyl now will be… will be in the future, will be added to the DOT10 panel. So…

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Alan Teichelman: or 5 panels, I put 5… it’s five panel. Wrong number there. Anyway, it’s going to be added to the testing process.

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Alan Teichelman: We don’t have a date yet.

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Alan Teichelman: But, obviously, your TPA will notify you once that is included in there, and we’ll add it to the drug test, and that just gives us notice that it’s going to happen sometime in the future. It hasn’t been done yet for the DOT, but again, it’s going to happen. The next slide is just a

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Alan Teichelman: summary of… of how powerful fentanyl is. I think everybody’s aware of that, but again.

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Alan Teichelman: my goodness, it’s, you know, overdoses, deaths since 21 have been over 100,000. So, just briefly read that, but again.

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Alan Teichelman: Fentanyl is a terrible drug that, again, we all are hearing about it, and I’m so surprised that the FMCSA is not added to the drug test already.

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Alan Teichelman: But, it hasn’t done yet yet. So, but again, it will be coming in the future.

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Mark Rhea: Alan, do you know how long fentanyl will stay in your system?

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Alan Teichelman: I apologize, I don’t know offhand. There’s different ones for hair and for urine, but I don’t know offhand. I know it’s, I think it’s 3 to 5 days, but I apologize, I did not look that up for a guide on this slide.

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Alan Teichelman: But anyway, that is the presentation, and I will hopefully, maybe, if anybody have any questions about what we went over, I’m open for some questions. I know it went pretty fast, but

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Steve Kessler: Oh, that’s great, Al. I mean, there are a couple of questions here.

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Steve Kessler: So how do we handle drivers?

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Steve Kessler: on SAP,

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Steve Kessler: Whoops, my thing’s jumped down, but has not completed the program, worked for another employer that did not keep up with this, and now I want to hire. What are my next steps?

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Steve Kessler: So somebody hasn’t completed the process, and they worked for another company that didn’t keep up with it.

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Alan Teichelman: Sure.

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Alan Teichelman: Again, the…

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Alan Teichelman: the TPAs, you’re… you’re going to have to reach out to the SAP professional, the SAP, and discuss what has not been done.

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Alan Teichelman: Make up any tests that have not been completed.

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Alan Teichelman: So, it’s gonna fall back on you. You want this driver, you like this driver, I think it’s a good driver, then you’re gonna have to be responsible for making up the missed test.

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Alan Teichelman: And you… and what basically is, working with the SAP, he will… he will re…

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Alan Teichelman: Schedule the test. It’d probably be the same number of tests.

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Alan Teichelman: If you miss some, they’ll reschedule them.

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Steve Kessler: But it’s… but it shouldn’t have never gotten that far. If the…

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Alan Teichelman: If the company didn’t take up, and the SAP didn’t keep track of those tests, then he’s actually…

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Alan Teichelman: You know, failed the test.

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Alan Teichelman: And so I’m curious what the clearinghouse will say regarding the register about what his status is.

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Alan Teichelman: Like, obviously, when you…

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Alan Teichelman: when you register with the clearinghouse, and you have to check the clearinghouse, then that… I’m curious, it’s going to say, is it not prohibitive or prohibited? Because that should have been a red flag. He didn’t make… he didn’t do all his testing, then…

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Alan Teichelman: he… that’s gonna be… should be a call, but you have to work with the SAP and the doctor, and he’ll re… again, he’ll redo them, or decide

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Alan Teichelman: just, you know, just do another evaluation, decide what to go on. Yeah. I saw at the bottom there that one of the gentlemen… one of the individuals said 72 hours for fentanyl. I thought that what it was, but I said 3 to 5 days, but I… but 72 hours. So, thank you for saying that, please.

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Steve Kessler: Yeah, that’s great.

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Steve Kessler: I’m not sure this is in your wheelhouse or not, Alan, but somebody has asked, does the electronic medical card apply to B1 drivers, international drivers?

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Alan Teichelman: Yes.

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Steve Kessler: Yes.

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Alan Teichelman: Same thing, everything applies to… international drivers applies to United States drivers.

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Alan Teichelman: There’s no difference.

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Steve Kessler: Yep, I agree.

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Steve Kessler: Well, I think you’ve answered questions that have popped up so far. Mark, do you have any other comments? It’s great information, Alan. I think, you know, it’s valuable to…

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Steve Kessler: go through this again to make sure everybody’s clear on what they need to do and what they’re responsible for, and I think one of the main things I took away from it is you’ve got to make this very clear and educate your drivers

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Steve Kessler: about what this is. It needs to be in their handbook. You need to provide some training so they understand what the clearinghouse is.

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Steve Kessler: And, why it’s important to, to follow all the steps, but they need to know

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Steve Kessler: what causes them to fail, and they need to know what these processes are gonna be. You know, maybe that by itself will keep some people from,

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Steve Kessler: Taken something that they shouldn’t, so to speak.

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Steve Kessler: Sure. Well, again, that company last…

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Alan Teichelman: Just been a month ago, loves his driver.

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Alan Teichelman: Thanks the world of him. He’s been with them 15 years.

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Alan Teichelman: And he couldn’t give enough urine specimen to, You know, to,

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Alan Teichelman: Give a… for a urine test.

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Alan Teichelman: He had to… so all that kicks in.

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Alan Teichelman: And they wanted to keep him, so, you know, again, your situation is, they need to know the consequences of… of not being able to give a urine specimen.

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Steve Kessler: Excellent.

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Mark Rhea: Yeah, one thing I’d like to just add on to that is it’s very specific, obviously, and very well documented.

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Mark Rhea: But guess what? Our plaintiff’s attorneys know that, too.

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Mark Rhea: And they will certainly look for mistakes that are being made, if you don’t go exactly by… in the event of a wreck and a lawsuit. They… they know the rules better than we do most of the time, so…

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Mark Rhea: I would very much encourage you to reach out to Alan for his contact, as well as developing your own content to… to educate your drivers on the…

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Mark Rhea: The best thing, of course, is not to have them flunk a drunk screen, but what… how to conduct yourself when you are in the program.

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Alan Teichelman: Also, bottom there, somebody asked, does the driver get a written copy? Yes.

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Alan Teichelman: the SAP will provide them a copy of the program. It won’t list when the drug test will be, or the alcohol test will be. Again, this applies also to alcohol, too. They could go do, you know.

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Alan Teichelman: 6 breath tests instead of alcohol tests, if they… But again, they will… they will get a summary from what the SAP has recommended.

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Alan Teichelman: And it probably will say something like, over a 1-year time period, or two-year time period, or 5-year, whatever it is, but it won’t give them the dates. You just know you’re going to be subject to 6 additional tests, or 11 additional tests, or 1.

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Mark Rhea: I also know at one time there was a little, Delay in the clearinghouse,

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Mark Rhea: updating the prohibited and non-prohibited? Is that… have they caught up? Is that… have you had any complaints on that, or is the clearinghouse…

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Alan Teichelman: I haven’t got… I haven’t gotten any… that… you’re correct, but recently I haven’t gotten any complaints, so I’m…

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Alan Teichelman: I’m based on… no information is I… they’re caught up.

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Alan Teichelman: But, but again.

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Alan Teichelman: I’ve had situations that are caught up, and one day they were down. So… but again, as far as I know, based on the feedback, they’re pretty well caught up, or are caught up.

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Steve Kessler: Very good.

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Steve Kessler: Well, Alan, I don’t see any other questions popping in. Mark, do you have any other questions? If not, I’ll just thank you, Alan, for once again, providing us with some great information.

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Steve Kessler: And, you know, if people need to reach out to you, do you have a phone number or email you want to pass on? Was that up at the very beginning of the slides?

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Alan Teichelman: Well, it was, but, I don’t… I didn’t see it, but anyway, it’s my… my,

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Alan Teichelman: No, it’s not on there. There it is, right?

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Steve Kessler: Down on the bottom, it should be on the screen now.

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Alan Teichelman: Yeah.

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Steve Kessler: There’s your phone number, I guess that’s a mobile, and then Alan Tackelman at CMIDrugTesting.com.

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Alan Teichelman: Yeah, I’m always available. Again, I…

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Alan Teichelman: I appreciate the opportunity to visit with you, and hope you earn your business, even if you’re a non-customer, but again, we’re always here to help you for our customers. You always have access to us.

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Steve Kessler: Alan, thank you very much, sir. As things change in this business, if it relates to this, we’ll be reaching out to you again. So, once again, thank you for, great information, and for all of you still out there.

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Steve Kessler: We’ll be sending out a email with a link to the recording of this webinar, so if you had some folks that couldn’t make the program today, they’ll have a chance to

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Steve Kessler: watch the video again, and hopefully gain the information that Alan presented today. So, Alan, thank you, sir. Mark, thank you very much.

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Steve Kessler: Thanks to everybody out there, and hope you have a great rest of the day, and be safe. Thank you all very much.

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Alan Teichelman: Thank you, Steve and Mark. Appreciate it.

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Mark Rhea: You bet, thank you.