TPA admits to lying to employers about drivers’ drug test results
Posted February 3, 2012
On January 17, 2012, a man residing in South Burlington Vermont pleaded guilty in U.S. District Court in Brattleboro, Vermont, to making a false statement on a matter within the jurisdiction of the U.S. Department of Transportation (DOT) in relation to a scheme to defraud transportation companies employing drivers subject to random drug testing.
The defendant, who ran a mobile testing service, represented himself as a third-party administrator (TPA), capable of assisting transportation companies in complying with DOT regulations requiring that urine samples be obtained by trained collectors and shipped to licensed labs with a completed Control and Custody Form (CCF) for drug testing. Test results must then be reviewed by a Medical Review Officer (MRO), a licensed physician trained in substance abuse.
In 2009, he subverted the role of the MRO by completing the CCFs with his company’s address, receiving test results which were not reviewed by an MRO and falsely indicating that they had received an MRO review. In cases of positive results, the defendant purported to act as the MRO though not qualified to do so.
After his company’s contracted drug testing lab stopped testing due to nonpayment from the defendant, he prepared false CCFs for untested specimens, misrepresenting that the specimens had tested negative and billing his clients for services not provided.
This investigation was conducted with assistance from the Federal Motor Carrier Safety Administration. Sentencing is scheduled for May 29, 2012.
J. J. Keller's Alcohol & Drugs: DOT Compliance Manual is an easy-to-use manual that can help you understand and comply with DOT's Alcohol & Drug Testing requirements, including 49 CFR Parts 382 and 40 .
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