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Category Archives: Gamino and Associates News
On behalf of the entire Gamiño & Associates Team, we express gratitude for your business and extend best wishes for a joyful holiday season.
So that we can enjoy time with our families, we will be closed on Monday, December 24 and Tuesday, December 25, reopening on Wednesday, December 26.
We will also be closed on Monday, December 31 and Tuesday, January 1, reopening on Wednesday, January 2.
We look forward to working with you in 2013.
The Gamiño & Associates Team
This Monday, November 12th is Veteran’s Day. Gamiño & Associates Inc. would like to take this moment to thank each Veteran for their service, bravery, and sacrifice. Without them we would not have our freedom. Thank you!
Also, our office will be closed along with courts, schools and other government agencies. We will reopen on Tuesday. You will still receive drug test results on Monday and we are available for any emergency and post-accident as always.. If you have any questions, please feel free to email or call us.
Sincerely,Henry M. Gamiño President / CEO Gamiño And Associates Inc. Phone: 619-334-2145 Fax: 619-334-3792 www.gaminoandassociates.com
I am frequently asked who must comply with the Federal Motor Carrier Safety Administration’s rules regarding testing for alcohol use. Generally, the rules apply to safety-sensitive employees, who operate commercial motor vehicles requiring a CDL.
Examples of drivers and employers that are subject to these rules are (the following does not represent a complete listing):
- Anyone who owns or leases commercial motor vehicles
- Anyone who assigns drivers to operate commercial motor vehicles
- Federal, State, and local governments
- For-Hire Motor Carriers
- Private Motor Carriers
- Civic Organizations (Disabled Veteran Transport, Boy/Girl Scouts, etc.)
When records are stored and transferred electronically, how should they be made available to DOT representatives?
Answer – The obligations of employers and service agents to make records available expeditiously to DOT representatives apply regardless of how the records are maintained.
- All records must be easily and quickly accessible, legible, and formatted and stored in a well-organized and orderly way.
- If electronic records do not meet these criteria, then the employer or service agent must convert them to printed documentation in a rapid and readily auditable way by the MRO’s receipt of a confirmed laboratory test result, would not require a §40.21 waiver.
May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?
Question – May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?
Answer – No. The regulation (at 40.307(d)(4)) and SAP guidelines state that employers must not impose additional testing requirements that go beyond the SAP’s follow-up testing plan. This includes additional testing requirements under company authority.
In addition to follow-up testing and random testing, an employer has other means available to ascertain an employee’s alcohol- and drug-free performance and functions.
- The employer can choose to monitor the employee’s compliance with the SAP’s recommendations for continuing treatment and/or education as part of a return-to-duty agreement with the employee.
If an employee requests his/her records from the MRO, do these records include the MRO’s notes and comments or only copies of the CCF and laboratory result?
Question – If an employee requests his/her records from the MRO, do these records include the MRO’s notes and comments or only copies of the CCF and laboratory result?
Answer – In general, the MRO should provide all records that are available related to that employee, to include written notes, checklists, or comments. All of this information was obtained from the employee or from appropriate individuals or organizations (with the employee’s authorization) or from documentation provided by the employee.
Consistent with appropriate medical record constraints, the MRO may need to withhold or interpret sensitive medical, psychiatric, and mental health record information
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Question – We received a call from the collection site that one of our DOT drivers had a confirmed Breath Alcohol Test (BAT) level of 0.02 and that someone needed to come and pick him up. What is the employer’s responsibility?