Here's an issue that may not be on your radar screen but probably should:

Is the occupational health clinic or other organization you use to collect specimens for employee drug tests qualified? Are the collection personnel properly trained? Do they get refresher and error-correction training? Do they keep current on the rules governing drug testing procedures?

And, are you aware of this?

Employers that must comply with federal drug screening regulations are required to possess documentation confirming the competency of specimen collection personnel with respect to a whole range of requirements, including qualification training, proficiency and rules.

Federal rules require that occupational health clinics and other collection sites be prepared to produce written evidence of collector qualifications upon request.

Additionally, the rules say an employer's "good faith use of a collector that is not qualified is no excuse and cannot serve as a defense to an enforcement action by the U.S. Department of Transportation or in an action by a former job applicant or employee.

"There have been many reported cases throughout the country of employees who have tested positive for illicit drug use but who get their jobs back because the collector was not qualified or did not have proof that they were," reports William Judge, a Chicago-area attorney who specializes in workplace drug testing regulations.

In November, a House subcommittee held a hearing to discuss the seeming lack of compliance with collector mandates, which went into effect five years ago. (See Dec. 1 Bus & Motorcoach News.) The hearing was prompted by a report in which a Minneapolis television station found that four of five collection sites visited by undercover reporters failed to properly collect specimens or have proof of collector training.

Taking up where the television station left off, investigators for the Government Accountability Office, the investigation arm of Congress, set up two dummy companies to investigate specimen collection sites.

Twenty-two of the 24 sites investigated by the government failed at least two required collection requirements. The GAO is expected to issue a full investigative report in May.

"That report will show that during the GAOs own undercover investigation, the 24 sites investigated showed flaws in all phases of the testing protocols," said Judge.

"During the question-and-answer portion of the hearing, training and having proof of training were mentioned as important solutions to many of the problems uncovered by the GAO," said Judge. "In response to the hearing, many employers and third-party administrators are now taking steps to ensure that collectors have proof of training."

The Federal Motor Carrier Safety Administration has indicated it intends to investigate ways to step up enforcement of qualification and procedural rules for specimen collection organizations. And FMCSA Administrator John Hill reportedly has asked Congress for the authority to fine collection sites and employers for non-compliance.

Meanwhile, Judge and his colleagues have established the National Qualified Collector Registry, which is designed "to help all parties achieve regulatory compliance in a relatively painless fashion."

The Collector Registry functions as a site auditor and lists qualified collectors on its Website: www.collectorregistry.com.

Once a provider location has completed an initial audit, any new personnel who become qualified as collection staff may be registered as soon as they complete and document their training.

Access to the registry is free for employers and third party drug screen program administrators. Drug and alcohol screening providers pay an annual fee of $99 per collection site to list their collectors' qualifications. The fee covers access to related information and resources, including Judges subscription service, DT State Laws.

Judge says the registry simplifies the compliance process by eliminating the need for employers and third-party administrators to obtain individual credentials by fax.

"It is particularly useful for regional and national employers, such as transportation companies, whose employees use multiple collection sites," Judge adds.