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

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• Procurement of testing services<br />

• DHHS-certified laboratory<br />

specimen analysis<br />

• Collection services<br />

• Mobile or on-site collection<br />

services<br />

• BAT/STT (breath analysis<br />

technician/screen test technician)<br />

• EBT (evidentiary breath testing<br />

equipment)<br />

• SAP (Substance Abuse<br />

Professional)<br />

• MRO (Medical Review Officer)<br />

• Employee and supervisor<br />

training<br />

• Employee Assistance Program<br />

(EAP) alternatives<br />

• Consultation services/legal<br />

services/ expert witness<br />

testimony<br />

• Random testing – selection and<br />

management<br />

• Quality control (blind sample)<br />

programs for drug testing<br />

• Record keeping<br />

• <strong>Federal</strong> report preparation<br />

• Service agent monitoring<br />

Regardless of the services you obtain<br />

from the consortium, you should have a<br />

written contract with its manager,<br />

specifying the following:<br />

• The specific services you are<br />

purchasing;<br />

• The prices and how they are<br />

calculated, any discounts, and the<br />

payment schedule;<br />

• The requirement that all services<br />

will be delivered in accordance<br />

with 49 CFR Parts 40 and 655,<br />

and other applicable federal laws<br />

and regulations; that the<br />

consortium manager will stay<br />

current on all requirements, and<br />

will immediately change<br />

consortium policies and<br />

procedures to comply with<br />

changes. The contract should<br />

reference §40.11(c) which states:<br />

“All agreements and<br />

arrangements, written or<br />

unwritten, between and among<br />

employers and service agents<br />

concerning the implementation<br />

of DOT drug and alcohol testing<br />

requirements are deemed, as a<br />

matter of law, to require<br />

compliance with all applicable<br />

provisions of [Part 40] and DOT<br />

agency drug and alcohol testing<br />

regulations.”<br />

• The responsibilities of the<br />

C/TPA in the case of its sale or<br />

merger. At a minimum, the<br />

C/TPA should notify members of<br />

any changes in structure. All<br />

records should remain the<br />

property of the employer. The<br />

C/TPA should also ensure the<br />

secure transfer of confidential<br />

records;<br />

• The contract term. Because<br />

stability in a drug and alcohol<br />

testing program is essential for<br />

program credibility, ease of<br />

administration and overall<br />

program compliance, you should<br />

consider negotiating a 3-year<br />

contract term with two 1-year<br />

Chapter 11. Joining a Consortium 11-13 August 2002

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