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What Does DOT's Ruling on Oral Fluid Drug Testing Mean for Your Business?

In May, the U.S. Department of Transportation (DOT) issued a final rule allowing oral fluid testing for employers and employees under their purview. This applies to any commercial vehicle operator, including many passenger vehicles, hazardous material transport, and vehicles with a gross weight over 10,001 pounds. DOT’s rules have long been viewed as the gold standard for the employment-related drug testing industry as a whole. Historically, DOT’s testing standard has been a 5-panel screening based on a split urine sample and laboratory analysis performed in a lab certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). Oral fluid (saliva) testing could ease some of the burden and complications of drug testing for employers. Saliva screens are known to be more convenient and accessible, more cost-effective, have fewer issues with tampering, and provide faster results. Although the new rule went into effect on June 1, 2023, several things need to be in place before this becomes a reality. The Department of Health and Human Services (HHS) must certify at least two laboratories to perform this type of testing, and that may not happen until later this year, or even early 2024.

It’s also important to note that DOT-regulated employers are not required to switch to oral fluid testing, but they will have the option to do so. While saliva-based drug screens have plenty of advantages, they do have a different detection window than urine drug screens. Saliva can detect very recent use, but the overall detection window is shorter – since drugs don’t remain in saliva as long as they might in urine or hair. As with any type of drug screening, there are always the chances of false negatives and false positives. Employers are also able to utilize different testing methods for different situations. For example, an employer can choose to continue using split-sample urine drug screens for pre-employment and reasonable suspicion, but use oral fluid testing for randoms and post-accident. As far as we can tell, this will not change anything for contractors expected to keep current COATS cards for state and federal contracts.

Another question remaining is how non-negative oral fluid test results will be handled. Prior to DOT adopting this measure, the collection site would typically follow a non-negative saliva result with a urine drug screen to confirm results. DOT could follow this logic, or come up with their own process. The rule will also change procedures for “opposite gender observers and transgender or nonbinary employees.” An observed collection typically refers to a urine collection, and is called for when a urine sample doesn’t meet standards such as temperature, dilution levels, or pings the adulterant strip used on the sample before it’s sealed. Anytime an observed collection is required for trans or nonbinary employees, it will now default to an oral fluid test instead of an observed urine collection. This will also be the case if an observed sample collection is needed, but a lab ttech of the same gender is not available.

In terms of implementing oral fluid testing as part of your drug-free workplace program once those laboratories are certified, we have some suggestions below on getting started. We will contintue to keep you informed as more clarification on these changes becomes available. 

  • Review your current drug testing policies and procedures with your HR and Safety management, an consider consulting an attorney before finalizing any changes.
  • Ensure that testing facilities near your facility and/or worksites are affiliated with one of the (to be determined) certified labs.

 

 

 

 

 

 

 

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Group Rating Renewals Arriving via DocuSign

Posted By Brandy King
August 26, 2024 Category: Group Rating, Renewal, Docusign

Earlier this summer (late June), Spooner sent Group Rating documents to many of our clients via DocuSign. If your policy had been enrolled in our Group Rating program for the current (2024-2025) policy year, your renewal documents would have been delivered this way. We understand that you may have been hesitant to open the email and/or click the link to complete the documents, or the email could have been intercepted as spam and you didn’t receive it at all. We’re working through contacting the Spooner clients who have not yet returned their Group Rating forms and can resend either via DocuSign or regular email. If you still have the email, you’re still able to complete the enrollment via DocuSign. It should appear similar to the picture below, showing Nathan Kenney as the sender. We apologize for any confusion this may have caused. Please reach out to your Client Services Manager with any additional questions on your 2025 program

2024 Safety Intervention Grant Applications Open

Posted By Brandy King
July 24, 2024 Category: safety grants, ohio bwc, safety intervention, finance, safety investment

Ohio employers may be able to check one more thing off their wish list this year, without paying full price. Ohio BWC has opened the application period the Safety Intervention Grant (SIG) Program, which matches eligible state-fund employers $3 to $1 on investments to create a safer workplace. Most employers who have had an Ohio BWC policy for at least one year, are paying above minimum premium ($120+), current on installments and true ups with no lapses this year should be able to take advantage. Self-insuring employers, employers in a self-insured PEO, state agencies and state universities are not eligible. Every three years, eligible employers can apply for up to $40,000 in matching funds to purchase “equipment to substantially reduce or eliminate injuries and illnesses associated with a particular task or operation.” The first thing to note is that if your organization wants to benefit from the Safety Intervention Grants, is that you must complete this process before purchasing equipment. We know this paperwork can be daunting, and we encourage Spooner clients to reach out to us for assistance with these grant applications. Be prepared with info on any workers’ comp claims or incidents associated with the particular area or task, the number of employees performing the task, and explore vendors to get price quotes on the equipment you have in mind. As always, there are items and services that grant funds can’t be used for - like standard PPE, train

2024 True Up

Posted By Brandy King
July 24, 2024 Category: ohio bwc, true up, compliance,

BWC’s True Up window began on July 1, 2024 and will run through August 15, 2024. This is a process required by Ohio BWC at the end of each policy year, where your premiums based on projected payroll for the previous policy year are balanced with premiums based on your actual payroll over the past year. Compliance with both the reporting and payment of any balances affects your company’s eligibility for most savings programs (like Group and Group Retro). If your actual payroll was higher than projected, you’ll be expected to pay that balance to Ohio BWC no later than August 15th. If you are unable to pay the lump sum at that time, please note that any future premium installments will first be applied to your delinquent True Up Balance before being applied to your premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process.  If this year’s True Up caught you by surprise, next year consider running a mock report in May or June to help your company prepare for any balance that may be owed. The payroll classifications and totals reported this summer will be used to determine your 2025 policy year premiums. For the 2024 policy year that just began, BWC will be using payroll projections based on your True Up from July 2023. Adjustments to your estimated payroll can also be made throughout the year by contacting BWC at 1-800-644-6292.  Spooner clients

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