Dilution should not be confused with adulteration, where chemical adulterants are directly added to a urine specimen. Many products intended for oral consumption and claiming to help "rid the body of toxins" are sold over the Internet. Although these "body cleansing" products may claim to "rid the body of toxins" (i.e. help beat the drug tests), they appear to be effective only because of the large amounts of water the user is instructed to consume along with the teas or powders. Consumption of excess fluids is the most effective way to dramatically increase urine production rates and produce dilute urine specimens.

A dilute specimen can be caused by two circumstances. The first is very rare, and would be caused by an individual diluting the urine with water, or other liquid, by actually pouring it into the specimen at the time of collection. The second method is by consuming too many liquids, especially liquids that contain diuretics (coffee, soda pop, medications, etc) prior to collection. this may be inadvertent or may be on purpose on the part of the donor. In order to obtain a specimen that is not dilute, have the individual void after waking in the morning and drink two 8oz glasses of orange juice - no coffee or pop.

Non-DOT Testing:
A dilute specimen, by definition, is a urine specimen that has a creatinine of less than 20 g/dl and a specific gravity of 1.003 or less. These two tests are routinely performed on every urine sample that is tested at our labs. If the specimen meets the above two criteria, it is reported as a "Dilute Specimen." When a urine specimen is "dilute," it is possible that drugs in the donor's system may not be detected. We recommend that an employer have a section in their drug testing policy stating that another specimen will be collected as soon as possible with minimum advance notice. This will help prevent false negative results. However, the employer may also elect to accept the negative results with the notation "dilute" from the lab. The company policy should be consistent in all cases.

DOT Testing:
Under the DOT policy regarding negative dilute specimens (dilute specimens showing a creatinine level of greater than 5 mg/dl and less than 20 mg/dl) the employer may require the donor to submit to another specimen collection. The re-collection cannot be done under direct observation. If the employer adopts a policy of re-collection for negative dilute results, all employees must be treated the same. However, the employer may elect to treat different types of tests differently such as re-collect for pre-employment tests, but not for random tests. If the second test is also negative dilute, the employer must accept that result and cannot continue re-collections. The second test is the test of record. An applicant/employee's refusal to submit to a re-collection for a negative dilute result is a refusal to test under the DOT rule.

On May 28, 2003, the DOT announced that it was immediately changing the definition of a "substituted" specimen in urine drug testing so that the urine specimens with a creatinine level greater than 2 mg/dl but less than 5 mg/dl will no longer be reported as "substituted." This change is important because a "substituted" test is considered a refusal to take a drug test, which is a violation of DOT rules equivalent to failing a drug test.

The reason for the change is that the DOT has learned of a small number of cases in which individuals appear to have had legitimate medical explanations for producing specimens with a creatinine level of less than or equal to 5 mg/dl. In addition, the DOT concluded that there is an increasing consensus among scientific and medical experts that the 5 mg/dl standard may not be appropriate.

Under the new rules, when the Medical Review Officer (MRO) gets a report from the laboratory indicating the creatinine level in a specimen is less than 2 mg/dl or the creatinine is "not detected," the MRO will report the specimen to the employer as "substituted."

Dilute specimens will not cause the employee to be regarded as violating the regulation. When the MRO gets a report from the laboratory that the creatinine level in a specimen is greater than or equal to 2 mg/dl but less than or equal to 5 mg/dl, the MRO will report the specimen to the employer as "dilute" and must, under the new rules, direct the employer to require the employee to undergo an immediate recollection under direct observation. The employer must then ensure that this re-collection takes place. Remember that the dilute specimen with a creatinine level greater than 5 mg/dl and less than 20 mg/dl can require a second collection but it cannot be directly observed unless another reason for the direct observation is present.

Sample Policy Language for Dealing with Dilutes:

DOT Programs:
Follow the specific procedures outlined above. Each type of test and donor, employee or applicant category will be treated the same under this policy.

NON DOT Programs:
Option 1: If the urine specimen is determined to be negative and diluted (urine specimen with a creatinine level of less than 20 g/dl and s specific gravity of 1.003 or less) the donor will be required, at the employers request, to refrain from drinking excessive amounts of fluids and provide with minimum possible advance notice, a specimen to be tested. The second test shall become the test of record.

Option 2: A negative dilute (urine specimen with a creatinine level of less than 20 g/dl and a specific gravity of 1.003 or less) result will be accepted for compliance with this policy. (This would be the appropriate action if the company policy does not address dilute specimens.)

For more information on setting up your own drug screening policy for Pre-employment testing as well as managed Random Drug Testing, contact ESS at DrugScreening@employscreen.com.

Partially reprinted with permission from Florida Drug Screening

• whether the driver was subject to motor carrier regulations and;
• whether the positions were designated as a safety sensitive function that required DOT alcohol and controlled substance testing.

Notifications to Driver
Use of Information Notification. Before the application is submitted, the motor carrier must inform the applicant that the information he/she provides in the application will be used, but only as a part of the hiring process; and that previous employers will be contacted for the purpose of investigating the applicant's safety sensitive history information as required by 49 CFR 391.23(c-d).

Driver's Rights Notification. Prior to any hiring decision, the driver has the following rights regarding the investigation information gathered from DOT regulated employers in the applicant's previous three years of employment history.

• The right to review information provided by previous employers.
• The right to have errors in the information corrected by the previous employer.
• The right to have a rebuttal statement attached to the alleged erroneous information if the previous employer and the driver cannot agree on the accuracy of the information.

*  Upon written request, the driver may also request to review the file as late as 30 days after being employed or being notified of denial of employment. The prospective employer must provide the information to the applicant within five business days. If the prospective employer has not yet received the requested information from the previous employers, then the five days deadline will begin when the prospective employer receives the information.

Investigating the Driver's Employment History
In addition to the existing investigative requirements (See 49 CFR 40.25 or contact ESS for more information), the prospective motor carrier must perform an investigation of the driver's safety performance history with each DOT regulated employer within the previous three years. The new inquiries include:

• Details pertaining to any DOT accidents the driver may have been involved within the previous three years. Details are to include date of accident, nearest city or town, number of injuries and fatalities; and whether hazardous waste (other than fuel spilled from the tanks of vehicles involved) was released.
• Details on any other accidents involving the driver that the previous employer wishes to include.
• Alcohol and controlled substance inquires of all DOT regulated employers from the previous three years.

Response from Previous Employers Required
Upon receiving the specific written consent (See 49 CFR 40.321b or contact ESS for more information) from the prospective employer, each previous employer who is also regulated as a motor carrier:

• Must respond to the request for a driver's safety history information within 30 days after the request was received; or,
• If no such data exists the previous employer, must send a response confirming the non-existence of any such data, including driver identification information and dates of employment.
• Provide specific contact information in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data.
• Keep a record of each request and the response for one year, including the date, the party to whom driver information was released, and a summary describing what was provided

Failures to Respond Must Be Reported to the FMSCA
Prospective employers should report failures of previous employers to respond to an investigation to the FMSCA and keep a copy of such reports in their Driver Investigation History file as part of documenting a good faith effort to obtain the required information.

Documentation and Record Retention
The prospective employer must make a "Driver Investigation History File" with respect to each previous employer contacted, or good faith effort to do so. The file must include the following.

• A copy of the driver's written authorization to seek safety performance history and information about the driver's alcohol and controlled substances history.
• A copy of the responses from each previous employer, or the documentation of good faith efforts to contact them. The record must include the previous employer's name and address, the date the previous employer was contacted, and the information received about the driver. Failure to contact a previous employer, or of them to provide the required safety performance information, must be documented. This documentation must be placed in the Driver Investigation History File within 30 days of the date the driver begins employment.
• For drivers with no DOT regulated employment during the previous three years, the prospective employer must place documentation in the Driver Investigation History File within 30 days of the date the driver begins employment that no investigation was possible.
• The safety performance histories received from previous employers must be retained for as long as the driver is employed by the motor carrier and for three years thereafter.
• A motor carrier must make all records and information in the Driver Investigation History File available to an authorized representative or agent of the Federal Motor Carrier Safety Administration, and to law enforcement agencies, and to authorized third parties.

Correcting and Rebutting Driver Information
Correction Request. Drivers wishing to request a correction of erroneous information in records received from previous employers must send the request for correction to the previous employer. The previous employer must either correct and forward the information to the prospective motor carrier employer, or notify the driver within 15 days of receiving the driver's request that it does not agree to correct the data. If the previous employer corrects the information and forwards it to the prospective employer, there is no need to notify the driver.

Rebuttal. Drivers wishing to rebut information in records received from previous employers must send the rebuttal to the previous employer with instructions to include the rebuttal in that driver's safety performance history. Within five business days of receiving the driver's rebuttal, the previous employer must forward a copy to the prospective employer. For the duration of the three-year data retention period, the previous employer must also append the driver's file so that the rebuttal will be included in a response to any subsequent investigative requests made by prospective employers.

*  The sources of information presented in this article are the Federal Register and Federal Code of Regulations; however, this article is not intended to replace consultation with your company's transportation, safety, human resources, and legal departments.
 

We are all familiar with the old saying, "One bad apple can spoil the whole barrel." Employment Screening Services is dedicated to helping our clients identify bad apples before they enter your barrel.

The extent to which some job applicants will go to falsify their credentials is amazing. We were recently processing a report on an applicant being considered for a regional sales manager position. She claimed a bachelor degree in Business Marketing and Communications.

The college's registrar department could only find an associate's degree on the applicant. Our client made a point of inquiry with the applicant regarding the discrepancy. The applicant stated that the college had reported this same incorrect information once before. The applicant claimed she did receive the A.A. degree, but she continued on a few years later and received the bachelor degree. Since she was now back in the same general area as the college, she offered to go to the college and straightened out the problem.

The next day we received a call from our client who stated the applicant brought in a copy of the degree, given to her by the college's registrar office; and it clearly stated a Bachelor of Arts degree in Marketing. We requested the copy be sent to us, and in turn, we sent the copy back to the registrar's office for examination. The assistant registrar stated, "She did come in yesterday, and I personally handed her a copy of her degree, but this is not it. This has been altered; the one I gave her was an Associate of Arts degree. The date has also been changed."

Apparently the applicant had been quite convincing, and her visit to the college to rectify the problem and get a copy of her degree might have put the matter to rest for some hiring managers. Maybe she would have been a good sales manager; on the other hand, past behavior is the still the best indicator of future behavior, which in this case translates into a huge risk.

Fortunately, our client did not accept the applicant's documentation as the last word. In the past we have also uncovered applicants who have provided altered or fake transcripts, professional licenses, driver licenses, driving abstracts, social security cards, and letters of recommendation. The bottom line is that while applicants may aid the verification process by providing copies of their credentials, the documents (no matter how official looking) should never replace independent verifications, especially ones conducted by Employment Screening Services, Inc.
 

The Port Authority of New York and New Jersey ran a help wanted ad for electricians with expertise in using Sontage Connectors. Even though there is no such thing as a Sontage Connector, they received 170 responses from people saying they had the expertise.

The Port Authority ran the ad to find out how many applicants falsify resumes. We're surprised they didn't get more applications.