Implementation Guidelines - Federal Transit Administration - U.S. ...

Members of a consortium that
incorporate all of its members into a
single random pool may not be able to
anticipate the exact number of random
tests that will be conducted on their
employees. Even though the pool as a
whole must meet the minimum criteria
for drug and alcohol tests (50 percent for
drugs and 10 percent for alcohol),
individual employers may have more or
fewer tests given the “luck of the draw.”
For example, a transit system with 10
safety-sensitive employees would
conduct 5 random tests if they were in a
random pool of their own. However,
this same system may conduct seven
tests one year and two tests the next as
part of a larger consortium. This
uncertainty can make budgeting
difficult.
Shared Compliance. Each
consortium member will impact the
random testing rate compliance of the
other members. If the consortium as a
whole meets the criteria, then all
members are in compliance. However,
if the consortium falls short of the
minimum requirements, then all
members are out of compliance.
Therefore, if you belong to a consortium
with employers that do not conduct all
their random tests, routinely purge their
employee list, or communicate cancelled
or omitted tests with the pool
administrator, the consortium will not
meet its goals and all members will be
out of compliance. This risk can be
minimized by aggressive program
management and by establishing pools
of like-minded employers.
Administrative Burden. The
amount of time and effort required to
administer a consortium depends upon
its size, type, and available expertise.
Generally, consortia require a great deal
of time to establish and maintain. The
program requires the dedication and
ongoing commitment of many people.
Problem solving is a time-consuming
task and requires significant effort by
members. Also, a growing membership
requires increased investments in
administration and problem-solving
efforts.
Section 3. C/TPA
LIMITATIONS
The C/TPA and/or individual service
agents may perform most tasks needed
to comply with the regulations (see
Exhibit 11-2 in the Sample
Documentation section at the end of this
chapter). The choice of which tasks will
be delegated to a C/TPA, however, is
left to the discretion of the employer.
However, there are some limitations on
the functions that a C/TPA or service
agent can perform (§40.355). A C/TPA
or service agent must not do the
following:
• Require an employee to sign
a consent, release, waiver of
liability, or indemnification
agreement for any part of the
drug or alcohol testing
process covered by Part 40;
• Act as an intermediary in the
transmission of drug test
results from the laboratory to
the MRO;
• Transmit drug test results
directly from the laboratory
to the employer--all
employer interaction with the
laboratory must be through
the MRO;
• Act as an intermediary in the
transmission of alcohol test
Chapter 11. Joining a Consortium 11-6 August 2002