An interview with Terrance W. Gainer (First director of the USDOT Drug Office) An interview with Terrance W. Gainer (First director of the USDOT Drug Office)
You conduct drug tests without landing your company on the wrong end of a Legal Battle - By Having A Clear,Simple To Understand Substances of Abuse Policy
Your first step is to implement a clear written policy on drug testing and to fully explain the policy to all your employees. Work with your employment law attorney and a qualified laboratory testing service to draft a legal policy that advises employees they could be subject to testing.
IN THE NEWS
Anonymous Urine Samples: Collected from truck drivers during safety inspections in Salem, Ore., revealed that 10 percent of drivers tested positive for drugs, the Oregon Statesman-Journal reported May 3.
The state police said "Operation Trucker Check," conducted over a three-day period, involved 500 truckers. Marijuana, methamphetamine, and opiates were the most commonly detected drugs. However, officials did not determine whether any of the drugs were being used legally; some of the 16 drivers who tested positive for opiates, for example, may have been legally using drugs like Vicodin. "It's a problem bigger than enforcement and state police," said Oregon state police Sgt. Alan Hageman. "It needs to be looked at by the transportation community as a whole." "We continue to be concerned by any drug use by our drivers. Our industry has a zero tolerance, and that's our goal," said Bob Russell, "the president of Oregon Trucking Association. Officials said marijuana and methamphetamine use were found to be higher in the most recent safety check than in others conducted in 1998 and 1999.
SPECIAL REPORT: Feds tighten up drug testing policies (See New Regs)
Wednesday, June 25, 2008 – Beating a DOT drug test is getting a lot tougher thanks to a new final rule issued by the Department of Transportation.
The final rule, issued today, takes aim at CDL holders who attempt to defeat drug tests with substances or substitutes that will hide positive results. The new regulation goes into effect Aug. 25. The final rule makes it mandatory for labs to test all DOT specimens for validity – to make sure there aren’t any adulterants or urine substitutes. The labs must follow specific federally mandated guidelines when testing for tainted samples. The revised regulation also gives labs the green light to observe the collection of samples if an employee called in for a drug test is suspected of trying to alter the sample. If an employee does test positive and is going through the return-to-duty process or a follow-up drug test, labs are now required to have staff observe collection of the urine sample. The new reg also requires labs to take down the “easy to read” posters that outline the list of different substances that alter test results the lab will be testing for. If somehow a test is altered, it will now be considered a “refusal to test.” The process for CDL holders who may have a legitimate medical reason – for example, those on a regular regime of medication prescribed by a doctor – will also change. They will now be required to get a medical evaluation to rule out signs and symptoms of drug abuse before being given a free pass on a positive test result.
MRO Advisor has been created to provide the information you need to make sound decisions with regard to today's drug and alcohol testing issues.
Interview of The Month - Terrance W. Gainer, The 38th United States Senate, Sergeant of Arms.
An Interview: On May 12, 2008 I had the privilege of speaking with Terrance W. Gainer, The 38th United States Senate, Sergeant of Arms.
Terrance Gainer was the first to serve as The Director of the U S Department of Transportation Drug Office, his position as US DOT Special Assistant to the Secretary & Director for Drug Enforcement & Compliance created the foundation of today’s drug testing industry. (In 1997 there was a rule formulated after nine years of extensive research into a major safety issue affecting the US transportation industry. Drug abuse was unchecked, widespread and the cause of serious accidents injuries and deaths, Terrance Gainer, was one of the founding fathers and a pioneer in the fight to address this problem.)
Diane: How did you get the job as first director of the drug office?
Terrance: In 1988 I sent a letter to Sam Skinner, the Secretary of Transportation under President Ronald Regan. I had become acquainted with the Secretary Skinner through my work in law enforcement. In my letter to Secretary Skinner, I asked to be included in the team being formed for Drug & Alcohol Compliance. I was very pleased to become the first Team Director.
Diane: Tell me about the beginning days of required drug testing?
Terrance: We had to interpret the new rules and deal with enforcement and compliance, it was challenging. I was lucky to be part of an exceptional team of talented people including Don O’Sullivan, Donna Smith, Dennis Bennett, Donna Bush, Mary Dukes Sanders and Bob Ashby to name a few. I give credit to these dedicated people; they were really the driving force behind the industry as it is today.
Diane : What were some of the most difficult challenges you faced?
Terrance: Teamwork; we needed to have cooperation between the transportation industry private and public sectors. It was the partnerships created that I credit to the successful roll out of regulated drug testing and to its continuation through the years.
Diane: What role did the regulated modes of transportation play?
Terrance: The FTA, FAA, FRA, USCG, FHWA and RSPA were the transportation agencies being faced with establishing a program that would comply with enforced drug testing for the first time. Each modality had different needs and concerns that were specific to their covered industries. There was a lot of compromise that needed to be made and this was not an easy task. I gained a great respect and understanding by working with them and an understanding of the transportation of people and product over Land, Sea, Air, Rail & Pipeline.
Diane: What role did the private sector play?
Terrance: It was as equally difficult for the private sector to understand and then implement drug testing; we had public meetings across the United States, bringing the private sector and the government agencies together. It was a true learning process for all parties. I recall representation by laboratories, collection agencies, physicians, government agencies and many private sector companies that were impacted by the new rules.
Diane: After so many years, do you believe the safety goals have been met?
Terrance: Sure, these programs have and continue to have an enormous effect on safety, they help to reduce serious accidents and they increase awareness of drug and alcohol issues in both public and private transportation.
Diane: What are your feelings on being the first Director of The Drug Office?
Terrance: I was very fortunate to have had this opportunity and to have worked with so many professionals. I am glad to know that the program is continuing and being serviced by dedicated and talented people.
Diane: What do you think about recent senate hearings on collection site issues?
Terrance: I believe that Senate hearings are a good way to provide checks and balances.
Diane: What impact did serving in the Drug Office have?
Terrance: I continue to work with the principles of teamwork, education and communication. Whenever possible I encourage open dialogue and partnerships with all parties, this came from my experience in The Drug Office
Diane: What would like to be doing in the future?
Terrance: I hope to continue to be doing something useful
Where is he now?
Since leaving the Drug Office, Mr. Gainer has served as Deputy Director & Chief of Staff of the Illinois State Police, Second in Command of the Washington DC State Metropolitan Police, Chief of the United States Capital Police (providing protective services and security for the US Congress, staff and more than 11 million visitors annually.) In his current position Terrance Gainer heads a three person board that overseas the Capital Police and all aspects of security for the approximate 950 Senate Staff, Pages and Doormen and overseas security for telecommunications, postal services, radio and television media and information technologies. Terrance spends part of each day on the floor of the Senate, he was appointed to this position by Harry M Reid (D-Nev) on January 4, 2007.
About Terrance w. Gainer
Terrance Gainer holds a Bachelors Degree in Sociology, a Masters Degree in Science and a Juris Doctor Degree from DePaul University of Chicago. Terrance was a decorated soldier serving in Vietnam; he retired as a Captain in the US Naval Reserve in 2000. He is married to Irene Gainer, a nurse and attorney with the US Peace Corps. They have six children and thirteen grandchildren.
Diane Schwimmer
Director of Medical Services - Doctors Review Service