January 2007

Carma's Corner is a monthly "how- to" on managing your company's complex DOT requirements for physicals, drug testing and breath alcohol testing. Carma Smith is the Executive Director of Safelink, Inc. She graduated from Cooley School of Law in Lansing, MI in 1988. She currently serves as an attorney for the 5th district apellate court in the State of Illinois. Contact Carma at 618.526.0610 or via Email at Carma@doctormarc.com.

Question: What would you say is the number one DOT issue, with regards to testing compliance that companies overlook?

Answer: I would say paying attention to their random lists and getting them in on time. It is so critical for DER's (Designated Employer Representative)to get that information to us on a timely fashion. When they lag behind, that jeapordizes the entire consortium and can put all members out of compliance. In rare instances, due to late submission we have had to removed companies from the consortium becuase of infractions.

Question: If someone walks out of the testing facility because they cannot produce a sample, what is the DER's responsibility?

Answer: It happens infrequently, but it seems to happen always on Friday afternoons! The first responsibility is on our part. We must call the DER immediately. If we do not have your cell phone number, now is a good time to get it so we have it available. It is the DER's job to make sure that person gets back in here. If they do not, then that is a considered a positive result. Driver loses. I would suggest that the DER tell the employee to not leave the testing facility until they have been dismissed or they are subject to dismissal from their job. That would pretty much stop that behavior.

If I have a driver in Utah, and he is in an accident, can you get him a post accident? You bet! Safelink, Incorporated specializes in their clients needs.. home or on the road. Call Carma if you have a post-accident question.

Question: Why does my company seem to keep getting pulled on randoms, while other companies I know in your pool never get picked?

Answer: Well, I guess I would say, respectfully, maybe you should buy a lottery ticket, because with that kind of pull luck, you should win! Seriously, all randoms are picked and pulled from software that generates the random lists. DOT requires specific scientific formulas be used and our software meets that requirement. My comment would be to be patient. More than likely, you are coming up on a period where you will have no pulls because the average of statistics will eventually even out over time.