Transcript You Can*t Fool Us! Catching the Cheaters

You Can’t Fool Us!
Catching the Cheaters
8th Annual FTA
Drug and Alcohol Program
National Conference
Presented by:
Lorri Smith, C-SAPA
April 2013
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 Pass a Drug Test” - 3/12
- 559,000,000 hits on “Bing”
 Buy clean urine for drug test – 3/12
- 60,800,000 hits on “Bing”
- Some offer “double your money back”!
GAO UNDERCOVER RESULTS
PREVENTING CHEATING
“Whose job is it anyway?”
 Supervisor
 DAPM/DER
 Jerry Powers
 Collector
 DOT
 Donor
 Employer
 Medical Review Officer
 Laboratory
 FTA Auditors
 Employees/Peers
 Breath Alcohol Technician
 DHHS
 ???????
THE ANSWER
IT’S A TEAM EFFORT
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
 DOT’s 10 Steps to Collection Site
Security and Integrity
http://www.dot.gov/odapc/video.html
ACTION
 Various state laws on defrauding a
drug test are more prevalent:
New Jersey, Florida, Kentucky
Louisiana, Texas
North Carolina, Virginia, South Carolina, Pennsylvania,
Nebraska, Arkansas, Illinois, Maryland, Oklahoma
 Drug Testing Integrity Act of 2011
H.R. 707 - February 15, 2011
ACTION
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
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
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
PRODUCTS USED
DILUTE SPECIMEN
“A urine specimen with creatinine and
specific gravity values that are lower than
expected for human urine.”
Creatinine is >2 and <20 mg/dL AND the
Specific Gravity is > 1.0010 and <1.003
(***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
 2nd 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 < 1.0010 or > 1.0200
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SYNTHETIC URINE
CHEATERS GET CREATIVE…
Cell Phone Flask
Books
Cane
Binoculars
Books
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
douche bag holding the sample and taped
around the thigh can be concealed under
the gown.
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 piss under supervision.
Females have been known to keep a
condom with the urine sample in the
vagina, 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
DESPERATE PEOPLE
 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
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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
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
 FTA conference sessions
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THANK YOU!
Please feel free to take a closer look
at the items on the display table
I will be available for questions after
the session or at
[email protected]