EDPM Blog

Yahoo! and the Lesson of a Simple Background Check

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Yahoo, the Silicon Valley-based internet giant, confirmed earlier this week that their new CEO Scott Thompson, who was hired only in January 2012, has stepped down. Thompson had come under heavy fire in recent weeks for misrepresentations on his official resume submitted to Yahoo's senior management team.

Here's what is staggering: Yahoo reported $4.38 billion in revenues in 2011, but yet could have potentially avoided this huge embarrassment with a simple $10 background check. For management-level positions, particularly for employers with high visibility or strong brand value, employment and education verifications are easy, practical, and really no-brainers.

Thompson's resume stated that he had received a Bachelor's Degree in Accounting and Computer Science from Stonehill College; however, one of Yahoo's key investors discovered that he only had an Accounting degree, not a Computer Science degree. It's not even a question of qualifications - with his Accounting degree and rich work experience, few doubt he was qualified - but rather, it's an issue of trust and integrity. If you can't trust your CEO to get the facts right on a resume, are you going to trust him/her with the keys to your company? Or business division? Or supervising other employees in any capacity? 

What would an employment verification have done? Yahoo or its executive search firm would have simply submitted Mr. Thompson's name, educational institution, and listed degrees to a background check provider. The provider would have contacted the institution directly to verify these items, including dates of enrollment. Any discrepancies would have been immediately available on a simple report for review. But here's the other important point: identifying the discrepancy at this stage would have given both sides the opportunity to determine if the discrepancy was an honest mistake or something more. The point is not that Yahoo would have had to terminate Mr. Thompson as a contender - it's that Yahoo would have had the data to make an informed decision in a timely manner (which is defined as most times before media frenzy and investor frustration).

It's not just billion-dollar companies and confirming higher education degrees. Before you hire an assembly line manager because of her ten years experience with another company, why not ensure that she actually did work for that employer for ten years? The cost of a background check, including employment or education verification, is negligible compared to the cost of getting the hire wrong. 

If you want to find out more about incorporating education and employment checks into your background screening program, click here for more information.  

National Prescription Drug Take-Back Day Set for Tomorrow

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Tomorrow marks the U.S. Drug Enforcement Agency's (DEA) fourth National Prescription Drug Take-Back Day.  Between the hours of 10AM and 2PM on Saturday, April 28th, Americans are encouraged to safely and effectively dispose of unused or unwanted prescription drugs at one of over 5300 designated drop off sites across the country.

Prescription drug abuse has skyrocketed in the United States in recent years, with over 7 million Americans abusing prescription pain killers, depressants, and/or stimulants.  In an effort to fight back, the DEA launched the first Prescription Drug Take Back day in September of 2010 and staged two more in April and October of 2011.  All totaled, over 475 tons of prescription pills have been collected in those three days.

From the DEA website promoting the event:

“The amount of prescription drugs turned in by the American public during the past three Take-Back Day events speaks volumes about the need to develop a convenient way to rid homes of unwanted or expired prescription drugs,” said DEA Administrator Michele M. Leonhart. “DEA remains hard at work to establish just such a drug disposal process, and will continue to offer take-back opportunities until the proper regulations are in place.” 

Source: http://www.deadiversion.usdoj.gov/drug_disposal/takeback/ 

To find your local drop off site, click here: Drop-Off Sites

SAMHSA Approves Significant Drug Testing Changes

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The Substance Abuse and Mental Health Services Administration (SAMHSA) announced last week that it has accepted the recommendations of its technical advisory committee, the Drug Testing Advisory Board (DTAB), and will proceed with revisions to the Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs.  The changes will include: (1) expanding the drug testing panel to include additional Schedule II prescription medications (e.g. hydrocodone, hydromorphone, oxycodone, and oxymorphone), prescription painkiller opioid drugs, and (2) including oral fluid as an alternative specimen for Federal workplace drug testing programs.  The additions of testing for prescription medications and having oral fluid as a specimen for drugs of abuse testing are seen as measures to strengthen the existing federal drug abuse prevention and control programs.  (For a copy of the announcement click here)

The revisions to the DHHS Guidelines will establish the laboratory methods, cut-off levels and reporting standards for testing for additional Schedule II controlled substances, including many of the prescription opioid painkiller medications that are more widely prescribed, misused, and abused than ever before.  The ability to test for these drugs in the Federal drug testing programs which apply to safety-sensitive and security critical employees in the public and private employment sectors is expected to improve workplace safety and serve to deter and detect misuse and abuse of these substances. (For more information of prescription drug abuse and accidents see EDPM Blog Jan 25, 2012)

The addition of oral fluid as a specimen for drug testing is important on two counts.  First, it helps address the continuing concerns about adulteration, substitution, and tampering with urine specimens in workplace testing.  Oral fluid specimens are more difficult to compromise.  Second, oral fluid collections are essentially an “observed collection” without additional invasion of privacy concerns, and provide an alternative for individuals who cannot produce adequate, acceptable urine specimens for drug testing purposes. 

The US Department of Transportation (DOT) has voiced its support for SAMHSA’s actions, and will follow with rulemaking to amend its drug testing regulations that govern drug testing of over 9 million workers in transportation occupations.  The DOT is required by law to follow HHS procedures for the drugs for which it tests and the specimens it tests. 

This is GOOD NEWS for workplace drug testing!  It will give employers more tools in achieving drug-free workplaces and improve the efficacy of drug testing programs.  The frustration for everyone is that it will not happen overnight!  The federal rulemaking process is a deliberate one and there will be many months ahead of proposed rules, comment periods, further evaluation and data collection, final regulations, and implementation schedules.  BUT….it’s progress!   The strength of the Federal drug testing regulations over the past two plus decades has been the thoroughness with which the procedures, processes, legal implications, and other factors have been vetted and examined by all the stakeholders—and these latest changes will be no exception. 

Report: Prescription Drug Abuse Now Leading Cause of Accidental Deaths

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The United States has long been the world's most heavily-medicated country.  Americans purchase and consume more prescription drugs per capita than any other, and the number of retail prescriptions filled per capita in this country is increasing year after year.  According to the health policy and research group Kaiser Family Foundation, annual spending in the U.S. on prescription drugs has risen over 600% since 1990. Source: http://www.kff.org/rxdrugs/upload/3057-08.pdf

Unfortunately, a new study reveals the harsh reality associated with this trend.  According to a report released last month by the National Center for Health Statistics, drug poisonings related to prescription drug abuse is the leading cause of accidental deaths in the United States, topping automobile accidents for the first time in more than 30 years.

Three classes of prescription drugs most frequently abused include opiates (painkillers), sedatives (sleep aids) and stimulants.  Of the three, opiates pose the most significant health threat. While many natural and synthetic opiates are effective painkillers, they also carry a high risk of dependency and abuse.  According to the report's findings, opiates were involved in more than 40% of drug poisoning deaths in 2008.

Consider the following data in the report (linked here in PDF format - http://www.cdc.gov/nchs/data/databriefs/db81.pdf):

 • Poisoning is now the leading cause of death from injuries in the United States and nearly 9 out of 10 poisoning deaths are caused by drugs.
 • Poisoning is the leading cause of death from injury in 30 states.
 • Natural and semi-synthetic opioids such as morphine, hydrocodone, and oxycodone were involved in over 9,100 drug poisoning deaths in 2008, up from about 2,700 in 1999.

Many of these drugs are easily accessible, frequently prescribed, and difficult to monitor.  Although nearly all 50 states now have a prescription drug monitoring program, not all programs are fully operational.  

As an employer, it's important to note that while standard drug screening panels like the DOT 5-panel typically include schedule I or II drugs (those that carry the highest risk for potential abuse), not all schedule I or II drugs are tested.  Drugs like oxycodone (OxyContin) and hydrocodone (Lortab) are schedule II drugs that are not detectable on a DOT drug test or even a standard non-DOT 10-panel test.  Most other painkillers as well as anti-anxiety drugs and sleep aids fall under Schedule III-V drugs, also making them undetectable on these tests. 
For a full list of Schedules I-V drugs, please click here (PDF): Schedule I-V Drugs 

Employers do have options, however, to fight back utilizing all three components of an effective drug testing program (policy, training, and testing).  

Medical Card Requirements for CDL Holders Take Effect 1/30/12

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In an effort to streamline commercial driver's license (CDL) procedures throughout all states, medical cards will now be required as part of the CDL application process.  The measure goes into effect January 30th, 2012.

The following update, specific to CDL holders in Alabama comes courtesy of our friends at the Alabama Truckers Association.

Beginning Jan. 30, 2012, the Alabama Department of Public Safety's Driver License Div., in accordance with new federal guidelines, will require new applicants for commercial truck and bus driver licenses to submit a photocopy of their medical certificate. This change also affects current CDL holders wanting to renew, transfer or change class or endorsement.

Current CDL holders must submit a photocopy of their medical card to DPS either in person, by fax or by mail to continue holding a commercial driver license. The final deadline to provide medical certificates is Jan. 30, 2014.

Full ATA regulatory update can be found here: http://www.alabamatrucking.org/articles/templates/?a=813&z=1

Please note this does not affect DOT physical requirements nor does it impact any DOT drug screening guidelines.  For questions or more information, contact the Alabama Department of Public Health via email at cdlmedicalmerger@dps.alabama.gov. 

DOT Announces 2012 Random Drug & Alcohol Testing Rates

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Last week, the Department of Transportation (DOT) announced that the 2012 annual random drug & alcohol testing rates will remain the same as they were in 2011.  The chart below illustrates the drug and alcohol minimum annual rates for each DOT division.

Source: Chart courtesy of the United States Department of Transportation - http://www.dot.gov/odapc/rates.html

For more information about best practices for your organization's random drug testing and/or a list of FAQ's pertaining to random testing management, please visit our previous blog entries linked below:

Random Testing FAQ's: http://blog.edpm.com/blog-0/bid/61161/DOT-Random-Drug-Testing-Regulations-Q-A
Random Testing Best Practices: http://blog.edpm.com/blog-0/bid/53820/So-You-Think-You-Can-Drug-Test-Factor-4-Random-Testing

Urine Drug Testing Detection Windows

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Have you ever wondered how long various drugs stay in a person’s system and are detectable through an employer drug test? This is a common question that the EDPM staff receives from our clients. In an effort to better educate our clients on the window of detection for drug metabolites that are commonly tested EDPM created the following chart for urine laboratory based drug tests. In addition to windows of detection for each drug listed common street names, signs of abuse and other relevant drug testing information is provided.

 *Windows of detection are estimates and may vary from person to person. EDPM makes no warranties regarding the application and/or accuracy of window of detection.

Common Errors Made By DOT Collectors

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Since employment drug testing first began, the collection process has long been viewed as the weak link in the drug testing process. Several Department of Transportation (DOT) officials in the Office of Drug and Alcohol Policy and Compliance (ODAPC) recently held a conference call with the Drug and Alcohol Testing Industry Association (DATIA), Substance Abuse Program Administrators Association (SAPAA) and other drug and alcohol industry groups and asked them to disseminate information about current problems with DOT urine specimen collections to collectors, collection sites, employers and other stakeholders in the DOT drug testing process. In an effort to further educate companies and collectors on the errors, DATIA has outlined below the errors and correction process to prevent the errors from occurring in the future. 

Issue:  Custody and Control Forms (CCFs) received are illegible.

Corrective Measure:  Collectors should review all copies of the CCF prior to distributing them to ensure that they are legible. In regards to copies that are to be faxed, if the writing is light then collectors should make a darker copy to be sent via fax.

Issue:  MROs and Employers are reporting that they are not receiving their respective copies of the CCFs despite multiple requests. Per DOT regulations, collectors must send the CCFs within 24 hours or the next business day and must keep their copies of CCFs for at least 30 days.

Corrective Measure:  A best practice in ensuring that this requirement is met is to maintain a copy of the fax transmittal form with the CCF. Just because you hit ³send² on the fax machine does not mean it went through. Only with a fax transmission receipt (can configure any fax to do this) can delivery be confirmed.

Issue:  Collectors are not marking step 1D in the CCF to indicate the transportation mode that the collection is for (FAA, FRA, FTA, FMCSA, etc.).

Corrective Measure:  This is a new step for the CCF and collection sites should be sure to post notices within the collection area reminding collectors to mark this information on the CCF. As with other steps, this automatic inclusion will become second nature with time.

Issue:  The donor initialing of the specimen bottle labels is being done while the labels are on the CCF contrary to DOT regulations that require the labels be signed on the specimen bottle.

Corrective Measure:  Again, collection sites are encouraged to post reminders to complete this step as required within the collection area.

Issue:  Collectors are not adequately informing donors that leaving the collection site prior to the completion of the collection process (with the exception of pre-employment tests) is considered a refusal to test.

Corrective Measure:  A best practice to ensure that this is not an issue within your collection facility is to instruct collectors to make a note in the remarks line that states, Donor notified that leaving prior to completion of the collection is considered a refusal to test. This way the notification is documented.

Saturday is National Prescription Drug Take Back Day

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Tomorrow marks the U.S. Drug Enforcement Agency's (DEA) third National Prescription Drug Take Back Day.  Between the hours of 10AM and 2PM on Saturday, October 29th, Americans are encouraged to safely and effectively dispose of unused or unwanted prescription drugs at thousands of designated drop off sites across the country. 

Prescription drug abuse has skyrocketed in the United States in recent years, with over 7 million Americans abusing prescription pain killers, depressants, or stimulants.  In an effort to fight back, the DEA launched the first Prescription Drug Take Back day in September of 2010 and staged another one in April of this year.  All totaled, over 300 tons of prescription pills were collected in those two days.

Take Back Days will continue semiannually, the DEA says, until a more efficient method for safe disposal of the drugs can be finalized.

To find your local drop off site, click here: Drop-Off Sites

The Need for Drug Testing in Hospitality Industry

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Customer satisfaction and retention are critical to any successful company. This is especial true for any hotel in the hospitality industry where dissatisfied customers can simply take their business next door to a rival hotel. Having a healthy and drug-free workplace can minimize a hotel’s legal risk while strengthening the overall profitability of the company. According to a report published by the Arkansas Small Business Development Center, Jeff Hayes, MHRS Division Director of Assets Protection at Marriott's Corporate Headquarters in Washington, D.C., believes in large part pre-employment testing has helped to decrease turnover and reduce accidents.

The Substance Abuse Mental Health Services Administration issued the result of a survey that revealed the hospitality industry, which includes hotel/motel companies, experienced some of the highest rates of alcohol and drug abuse.

Among employees in the hotel/motel sector:

•        9.3 percent admit to using illicit drugs during the past month
•        17 percent admit to using illicit drugs during the past year.
•        Nearly 10 percent admit to heavy alcohol use.¹

Broken down by a few specific occupations within the hotel industry, workers report substance abuse at the following levels:

The federal government has long documented the need for regulated drug and alcohol testing over certain employee classifications. As time has progressed from the original mandate of Department of Transportation (DOT) regulated testing, more and more non-regulated employers have jumped on the same bandwagon. From large national chains to smaller locally owned hotels, hospitality industry employers across the country are seeing the value of implementing drug testing in the workplace.