you can’t fool us! catching the cheaters 9 th annual fta drug and alcohol program national...

You Can’t Fool Us!Catching the Cheaters

9th Annual FTA Drug and Alcohol Program

National Conference

Presented by:

Lorri Smith, C-SAPAApril 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”

GAO UNDERCOVER RESULTS

PREVENTING CHEATING“Whose job is it anyway?”

Supervisor DAPM/DER Collector DOT-ODAPC Donor Employer

Medical Review Officer Laboratory FTA Audit Teams 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 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 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

LATEST FROM VANITY FAIR

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, 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 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 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

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! “

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DESPERATE

PEOPLE DODESPERATE

THINGS

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SYNTHETIC URINE

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).

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 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 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 sealsBribesNo picture identification Arriving at collection site early or lateSaliva – wand between teethFake temperature strips (issue 48 – FTA Updates)

Other “Methods”

Shy Bladder“Emergency” during shy bladderDelaying arrival at collection siteGetting “sick” on the way to the collection site

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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

WHAT THE EXPERTS HAVE TO SAY

Breath Tests Are Not Immune To Cheaters!!

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

DOT Video – Mock Collection Instructional Video

FTA conference sessions

THANK YOU!

Feel free to take a closer lookat the items on the display table but

please don’t touch certain!

I will be available for questions after the session or at

lsmith@integritytesting.net