Presentation on theme: "You Can’t Fool Us! Catching the Cheaters 9 th Annual FTA Drug and Alcohol Program National Conference Presented by: Lorri Smith, C-SAPA April 2014."— Presentation transcript:
You Can’t Fool Us! Catching the Cheaters 9 th Annual FTA Drug and Alcohol Program National Conference Presented by: Lorri Smith, C-SAPA April 2014
PURPOSE Recognize the need for awareness Identify common ways used to circumvent testing Learn how to avoid opportunities for cheating Understand the role of those who have a stake in the program Know how YOU impact the integrity of the testing program
SCOPE OF THE PROBLEM November 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-08-225T) “ How to Beat a Drug Test” - 3/14 - 22,400,000 hits “Bing anytime” -2,980,000 hits “Bing past week” Buy clean urine for drug test – 3/14 - 12,200,000 hits “Bing anytime” - 790,000 hits “Bing past week” Some offer “200% money back guarantee”
ACTION – 8/08 Mandatory Validity Testing on all DOT specimens instituted DOT 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
ACTION – 4/09 Direct Observation required on all DOT Return-to-Duty and Follow-Up tests
ACTION Various state laws on defrauding a drug test more prevalent: New Jersey, Florida, Kentucky Louisiana, Texas North 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 2011 H.R. 707 - February 15, 2011
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
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.
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."
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).
United 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 ACTION
Gerald 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 ACTION
METHODS TO AVOID DETECTION Stop using (abstention) or switch Add fluid to the specimen or ingest large amounts of fluid (dilution) Bring in another person’s urine (substitution) Add chemicals to the urine (adulteration)
ABSTENTION Stop using prior to the test Switch to a different drug that is not part of the testing panel Pre-employment tests most vulnerable
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.” www.drug-test-facts.com/dilution-tips
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.”
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 drugs Probationary testing or testing after offer but prior to performance of safety sensitive duties
DILUTION (HYDRATION) Most popular method “Water-loading”, “Flushing”, “Detoxing” Use of diuretics, Lasix, vitamins Must urinate frequently before providing sample (cause of shy bladder?) Adding water to the sample
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 the Specific Gravity is > 1.0010 and < 1.0030 (***Creatinine is > 2 and < 5mg/dL, requires notification from the MRO that another collection must take place immediately under direct observation)
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 possible 2 nd dilute sample result is acceptable If Employee declines constitutes refusal
HOW TO BEAT THIS CHEAT? Limit time between notification and the test Monitor arrival time at clinic Audit your collection site’s shy bladder procedures and collection site security for securing water sources Implement retesting for dilute samples Discuss with your MRO or TPA how dilute samples are reported
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.”
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”
COMMON ADULTERANTS Nitrites (Klear, Whizzies) Glutaralderhyde (UrinAid, Clear) Bleach Pyridinium Chlorochromates PCC (UrineLuck) Hydrogen Peroxide Peroxidase (Stealth) Mary Jane SuperClean 13 (soap) Visine
INVALID TEST “The MRO called me and said that the test on my employee was invalid. What does that mean?”
HOW TO BEAT THIS CHEAT? Limit the time between notification and the test Ensure 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
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 AND Specific Gravity is 1.0200
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! “
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 (92 -100) and delivering the sample in 4 minutes or less).
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.concealed urine
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 pX#@ 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.
HOW TO BEAT THIS CHEAT? Limit time between notification and the test Monitor arrival time at collection site Review your clinic’s procedures for checking the temperature of samples and directly observed collections If feasible, escort the employee to the collection site Perform on-site collections
Other “Methods” Tampering with seals Bribes No picture identification Arriving at collection site early or late Saliva – wand between teeth Fake temperature strips ( issue 48 – FTA Updates)
Other “Methods” Shy Bladder “Emergency” during shy bladder Delaying arrival at collection site Getting “sick” on the way to the collection site
55 Man who got shot to avoid drug test Microwaving urine, blew up Leaves in urine Man positive due to bedbugs Man who faked heart attack DESPERATE PEOPLE
HOW TO ENSURE INTEGRITY OF YOUR PROGRAM Adhere to the rules Collection site audit FTA conference session FTA checklists on website Communication with the MRO/TPA Establish and enforce procedures Trust but verify Follow 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 & Integrity DOT Video – Mock Collection Instructional Video FTA conference sessions
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 email@example.com firstname.lastname@example.org