2 PURPOSE Recognize the need for awareness Identify common ways used to circumvent testingLearn how to avoid opportunities for cheatingUnderstand the role of those who have a stake in the programKnow how YOU impact the integrity of the testing program
3 SCOPE OF THE PROBLEMNovember 2007, GAO reports "DOT’s drug testing program is vulnerable to manipulation by drug users especially given the wide availability of products designed to beat drug tests” (GAO T)“How to Beat a Drug Test” - 3/ ,400,000 hits “Bing anytime”- 2,980,000 hits “Bing past week”Buy clean urine for drug test – 3/ ,200,000 hits “Bing anytime”,000 hits “Bing past week”Some offer “200% money back guarantee”
7 ACTION – 8/08Mandatory Validity Testing on all DOT specimens institutedDOT changed procedures for performing collections under direct observation to include raising & lowering of clothing by the donor in cases of temperature out of range, suspicion of tampering, or when directed by the MRO
8 ACTION – 4/09Direct Observation required on all DOT Return-to-Duty and Follow-Up tests
13 ACTION Various state laws on defrauding a drug test more prevalent: New Jersey, Florida, KentuckyLouisiana, TexasNorth Carolina, Virginia, South Carolina, Pennsylvania,Nebraska, Arkansas, Illinois, Maryland, Oklahoma“Warning: this product cannot be shipped to residents of KY, IL, NC or NJ”Drug Testing Integrity Act of H.R February 15, 2011
14 Public Act 093-0691 – IL 2004 It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test
15 New Jersey - It is illegal to sell or give away urine for the purpose of defrauding a drug test. It is also illegal (against drug testing laws) to attempt to clean or 'mask' your urine test with any types of our products.
16 North Carolina - The general assembly of NC enacted new drug testing laws on 12/01/02 that make it a criminal offense to defraud drug or alcohol screening tests. Specifically, these drug testing laws prohibit the sale and use of products that are used to "adulterate a urine or other bodily fluids." The drug testing laws also make it unlawful for a person to "attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample."
17 Nebraska Drug Testing Laws - It is illegal to provide, acquire, or use human/animal body fluids for the purpose of altering the results of any test to determine the presence of drugs or alcohol. Any employee who violates these drug testing laws is guilty of a Class 1 misdemeanor (You are guilty of the same law if you refuse to provide a body fluid or breath sample).
18 ACTIONUnited States Attorney Robert S. Cessar announced, April 8, 2010: The owners of a California company that sold products to help people cheat on drug tests were sentenced today in federal court in Pittsburgh on their convictions for conspiracy to defraud the United States in connection with its duty to drug test employees and conspiracy to sell drug paraphernalia.From the FBI Website Pittsburgh Division
19 ACTIONGerald Wills, a resident of San Pedro, California, was sentenced to six months in prison followed by three years supervised release. Robert Dennis Catalano, a resident of Huntington Beach, California, received a sentence of three years’ probation. Puck Technology, Inc., a corporation of Signal Hill, California, received a sentence of forfeiture of all its assets and dissolution.United States District Judge David Cercone imposed the sentences on Gerald W. Wills, age 67, of San Pedro, California; Robert Dennis Catalano, age 65, of Huntington Beach, California; and Puck Technology, Inc., a national Internet business located in Signal Hill, California.From the FBI Website Pittsburgh Division
21 METHODS TO AVOID DETECTION Stop using (abstention) or switchAdd fluid to the specimen or ingest large amounts of fluid (dilution)Bring in another person’s urine (substitution)Add chemicals to the urine (adulteration)As testing methodology and procedures become more sophisticated, methods to avoid detection have become more common. Magazine articles (“High Times”) and the internet have given rise to a subculture and industry devoted to “beating” drug tests through a number of ways.Abstention – in the case of pre-announced testing (pre-employment), an individual can just stop using for a short period of time prior to the test. Detection times of the five drug classifications tested under the DOT program averages approximately hours after use (based on amount and frequency of use). Marijuana is no different Contrary to popular believe, average single use time is 47.6 hours. Donors who have been notified in advance can either stop using or switch to using another drug that does not fall under the five drug classifications (PCP, THC, Opiates, Amphetamines, Cocaine).Substitution – a donor would “smuggle” into the collection site either human or animal urine (via condoms, balloons, vials, etc.), try to keep the urine as warm as possible, and present the urine to the collector as the donor’s specimen.Adulteration – there are a myriad of products on the market and in our homes that can be used in their urine to render the specimen unsuitable for testing and interfere with the instrumentations ability to detect a particular drug. Nitrite, glutaraldehyde, soap, and bleach are just a few of the more common means. Validity testing performed by the laboratory will either identify the chemical or render the specimen unsuitable for testing. Adulterated specimens are considered a refusal to test by the employer under the DOT regulations.Hydration – can be achieved one of two ways. Either by directly adding water to a specimen or by drinking a large quantity of fluids (1-2 gallons) within a short period of time (2-3 hours), urinate frequently, then present for a test. The goal is to “flush” the system of the drug metabolites to a concentration below the established cut-off levels. Validity testing by the laboratory will identify if the specimen is either dilute or substituted.
22 ABSTENTION Stop using prior to the test Switch to a different drug that is not part of the testing panelPre-employment tests most vulnerable
24 ADVICE FROM THE WEB“For best results, “abstain” for a minimum of 48 hours before the test. Of course, the longer you wait, the better your chances are.”
25 ADVICE FROM THE WEB“Go to the lab within minutes of it opening. Why? Because there is usually only one or two people working right at the opening and they have to multi-task to get the place open, have their first cup of coffee, chit chat, etc. They will be more likely to skip checking temperatures and specific gravity.”“Dress up in your best. For the men, a suit and tie, and for the ladies, a nice dress.”
26 HOW TO BEAT THIS CHEAT? Limit time between notification and the test Incorporate a company policy (where permitted by state law) to test for additional drugsProbationary testing or testing after offer but prior to performance of safety sensitive duties
27 DILUTION (HYDRATION) Most popular method “Water-loading”, “Flushing”, “Detoxing”Use of diuretics, Lasix, vitaminsMust urinate frequently before providing sample (cause of shy bladder?)Adding water to the sample
30 DILUTE SPECIMEN“A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.”Creatinine is > 2 but < 20 mg/dL AND theSpecific Gravity is > and <(***Creatinine is > 2 and < 5mg/dL, requires notification from the MRO that another collection must take place immediately under direct observation)
31 DILUTE SAMPLES (40.197) Do you have a policy? Employer must establish policy associated with dilutes (b)(2)(ii)May require employee to take a second test (b)(2)Must be observed if MRO directs Employer (b)(1)Give employee as little notice as possible2nd dilute sample result is acceptableIf Employee declines constitutes refusal
32 HOW TO BEAT THIS CHEAT? Limit time between notification and the test Monitor arrival time at clinicAudit your collection site’s shy bladder procedures and collection site security for securing water sourcesImplement retesting for dilute samplesDiscuss with your MRO or TPA how dilute samples are reported
33 ADULTERATION Adulteration “A urine specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.”
34 OXIDIZING ADULTERANT“A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or drug metabolites, or affects the reagents in either the initial or confirmatory drug test”
35 COMMON ADULTERANTS Nitrites (Klear, Whizzies) Glutaralderhyde (UrinAid, Clear)BleachPyridinium Chlorochromates PCC (UrineLuck)Hydrogen PeroxidePeroxidase (Stealth)Mary Jane SuperClean 13 (soap)Visine
37 INVALID TEST“The MRO called me and said that the test on my employee was invalid. What does that mean?”
38 HOW TO BEAT THIS CHEAT?Limit the time between notification and the testEnsure your collection site:- is secure of products that could be used as adulterants- checks the restroom before and after each test- has employee empty pockets, etc.Discuss with your MRO/lab procedures for identifying adulterants
39 SUBSTITUTION“A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.”Creatinine is < 2 mg/dL ANDSpecific Gravity is < or >
40 A Little Friendly Competition? “What this means is that they are no longer only looking for marijuana and other illicit drugs but also for additives, dilution, and most of the available adulterants/masking products, i.e. Mary Jane Super Clean 13 (liquid soap), Urinaid (glutaraldehyde), THC Free (acid), Klear (nitrite), Urine Luck (pyridinium chlorochromate), TestKlear, Golden Seal, Terminator Gold, Stealth, Clean-X, and Instant Clean. These products are all detectable, and will result in a failed drug screen. They will also be reported as a failure! “
48 wikiHow How to Pass a Drug Test Synthetic urine comes in two basic forms: the liquid type found in smoke shops that is similar to what is used to calibrate lab equipment; or vials of a powdered concentrate that can be added to a few ounces of warm water. Both are kept in a delivery devise with a temperature meter. This method works on every employment urine test (provided some conditions are met such as controlling the temperature ( ) and delivering the sample in 4 minutes or less).
49 CHEATERS GET CREATIVE… Cell Phone FlaskBooksCaneasdfsadfBinocularsBooks
50 FROM THE WEB 9.1.1 Concealed container: Simply conceal the urine. The first time you're alone with the container they give you, dump in your concealed urine. Be sure you can quietly open the container; the lab personnel may be just outside the door listening. You may be required to change into a gown. If so, a condom or bag holding the sample and taped around the thigh can be concealed under the gown.
51 9.1.1 Concealed Container – CONT You can also run a plastic line from a flexible container and tape it to your urination equipment (to be gender neutral), and even under supervision. Females have been known to keep a condom with the urine sample in the “body”, and prick it with a sharp fingernail to p#$% under supervision. Be sure to keep the sample between 91 and 97 degrees.
52 HOW TO BEAT THIS CHEAT? Limit time between notification and the test Monitor arrival time at collection siteReview your clinic’s procedures for checking the temperature of samples and directly observed collectionsIf feasible, escort the employee to the collection sitePerform on-site collections
53 Other “Methods” Tampering with seals Bribes No picture identification Arriving at collection site early or lateSaliva – wand between teethFake temperature strips (issue 48 – FTA Updates)
54 Other “Methods” Shy Bladder “Emergency” during shy bladder Delaying arrival at collection siteGetting “sick” on the way to the collection site
55 DESPERATE PEOPLE Man who got shot to avoid drug test Microwaving urine, blew upLeaves in urineMan positive due to bedbugsMan who faked heart attack
58 HOW TO ENSURE INTEGRITY OF YOUR PROGRAM Adhere to the rulesCollection site auditFTA conference sessionFTA checklists on websiteCommunication with the MRO/TPAEstablish and enforce proceduresTrust but verifyFollow your instinct
59 REFERENCE MATERIALS DOT 49 CFR Part 40 (revised effective 10/1/2010) DOT Urine Specimen Collection Guidelines (revised effective 10/1/2010)DOT Agency Rules (e.g., Part 655 for FTA)DOT Video – Collection Site Security & IntegrityDOT Video – Mock Collection Instructional VideoFTA conference sessions5959
60 THANK YOU! Feel free to take a closer look at the items on the display table but please don’t touch certain!I will be available for questions after the session or at