Celebrating 40 Years of Compliance Leadership
February 19, 2019
3
min read
In 2018, DISA Global Solutions hosted its first ‘Day with DISA’ drug testing symposium. This special event educated employers on the importance of maintaining compliance and drug testing policies in the era of ever-changing marijuana laws. As the second largest drug testing conference in the U.S., a ‘Day with DISA’ aimed to have attendees leave with a better understanding of the current drug testing environment and actionable information to help them form a safer working environment.
DISA welcomed Faye Caldwell, Legal Advisor & Litigator at Caldwell Everson PPL, and David Porter, Chief Compliance Officer for Clinical Reference Laboratory (CRL), to talk to attendees about developing and implementing a proactive compliance/legal program to support their business. Together, their presentation gave insight into the importance of setting policies to meet and maintain compliance, prevent risks, and be legally prepared when something bad does happen.
“Customers expect compliance every time, and they expect it in every situation,” states David.
“Despite every effort you make in a compliance program in your company, the bad thing will happen.”
In today’s world, drug testing procedures can differ, and understanding the differences in each state’s laws can improve your procedures and secure compliance. This is crucial to keeping your workplace safe and efficient without putting your company at risk. Ensuring that you are prepared for the worst will help you avoid risks and maintain cost efficiency by preventing problems that could lead to lawsuits, fines, and/or fees.
“I’m guessing a lot of you have challenges because you have people in a lot of different places, and trying to administer your programs across those multiple states, multiple industries, multiple verticals, can be very difficult.” – David Porter
Faye and David urge employers to prepare for the worst-case scenario by implementing compliance strategies across all parts of the collection process. The following are compliance strategies that will prevent legal issues and support an effective drug testing program for those involved in all aspects of the process.
Build a consistent, documented process
Create guideposts for collectors (when X happens, Y needs to be done)
Train to the process and tailor to state laws where necessary
Audit to the process
Identify state licensure requirements
Process for implementing requirements
System of checks to ensure continued compliance
Ensure each process has a decision tree
Obtain appropriate consent
Documentation/Reporting
“I may not be responsible, but I’ll get sued.”
Risk Assessment: Understand the entire workflow that your donors will go through and identify potential failure points and problems. How bad is it, and how likely is it to occur?
Management – understand who owns the risk, what it is they’re supposed to do, and know how to ensure that they are doing it
Own the drug testing process
Own the risk (legal & safety)
Know your accommodation obligations
Policy considerations
When a bad thing happens or when someone doesn’t like the outcome, you should address the situation from both a business/compliance perspective and a legal perspective.
Engage legal immediately
Identify if there may be fault arising from your company
Prepare to immediately resolve the issue if you caused the loss. Use the situation as a catalyst for process/production improvement
Provide all information you would otherwise have to give
Cooperate on everything that does not harm your case
Look for early resolution or disposition. Fight like crazy on everything else
Faye states, “Your job is to provide your company with a safe workforce. Your donor is your customer, and you owe it to them to have an effective, fair, and compliant drug testing program.” A proactive compliance and legal program will help support your business and avoid difficulties that may arise in today’s fast-paced and evolving drug testing environment.
DISA can help! Get answers directly from DISA’s subject matter experts with ‘Ask DISA’
Visit www.askdisa.com to ask your questions today.
DISA Global Solutions aims to provide accurate and informative content for educational purposes only and does not constitute legal advice. The reader retains full responsibility for the use of the information contained herein. Always consult with a professional or legal expert.
