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You Can’t Fool Us!Catching the Cheaters
8th Annual FTA Drug and Alcohol Program
National Conference
Presented by:
Lorri Smith, C-SAPAApril 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, TexasNorth Carolina, Virginia, South Carolina, Pennsylvania, Nebraska, Arkansas, Illinois, Maryland, Oklahoma
Drug Testing Integrity Act of 2011 H.R. 707 - February 15, 2011
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
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, vitaminsMust 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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DESPERATE
PEOPLE DODESPERATE
THINGS
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SYNTHETIC URINE
CHEATERS GET CREATIVE…
asdfsadf
Cane
Binoculars Books
Cell Phone Flask
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
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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
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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
THANK YOU!
Please feel free to take a closer lookat the items on the display table
I will be available for questions after the session or at
