Category: Uncategorized

Services Performed in Compliance with Department of Transportation CFR Part 40 Title 49

AND

Services Performed in Compliance with Company Policy for non – DOT Regulated Clients.

As an employer, you are responsible for meeting all applicable requirements and procedures of CFR Part 40 and with (non-DOT) company policy.

You are responsible for all actions of your officials, representatives, and agents (including service agents) in carrying out the requirements of DOT agency regulations and/or your company policy.

You may delegate responsibilities and procedures to Health Enhancement Center, Inc. (HEC). This delegation shall be in writing. HEC has over 27 years experience managing compliance with CFR Part 40 and assisting non-DOT employers with the management of their substance abuse prevention policy.

HEC has an almost perfect record maintaining DOT compliance for our DOT regulated clients and maintaining compliance with company policy for our non-DOT regulated clients. By “almost” we mean that we have had one client fined in 27 years. So we are almost perfect.

Summary

Total Compliance Management provides 35 services and costs pennies a day. Price is based on volume – number of random pool members. There is a minimum annual cost per employer of $50 per employer. Volume discounts apply. Fees apply to each employee in random pool – DOT or Non-DOT pools.

As the Employer you need only to maintain your list of employees and communicate program results and consequences to employees – In other words, you manage your employees, HEC manages compliance.

To discuss the THIRTY-FOUR (34) compliance management services required and provided, contact Jim Proctor 410-310-0630

To review Total Compliance Management Services, go to http://www.dotcompliance.management – no .com at the end!

Given the average DOT fine is in excess of $5,000 and the cost incurred by employers to administer, the costs associated with Total Compliance by HEC is a bargain.

This web site http://www.dotpart40compliancemanagement.com contains all of the forms needed to maintain DOT Part 40 Compliance. Health Enhancement Center’s (HEC) other sites include http://www.dotcompliance.management (mostly a duplicate of this web site); https://healthenhancementcenter.com (includes a description of all HEC services); http://www.alliance4tpa.com (describes our national network of TPA collection sites). We also have a Android/iOS or Apple App named “Drug Test”)that is operational on your Cell Phone and your iPad like device so that your employees can access Compliance instructions and forms anywhere they can get web access. Drug Test App can be installed from the Google Play or Apple iTunes site.

We offer a low cost, Cost Benefit Analysis (CBA) that may demonstrate that our Total Compliance Management (TCM) services will save your company a significant amount. Contact us for more information.

 

 

DOT Part 40 Employer Facts (The Bad News)

 

Subpart B – Employer Responsibilities § 40.11 The Employer is responsible for all actions of your service agents

 

AND

 

• 40.17 The Employer is responsible for obtaining information from your service agents and for managing that information.

 

 

DOT Part 40 Employer Facts (The Good News)

 

• 40.15 You may delegate these responsibilities.

 

Health Enhancement will accept and manage these Employer responsibilities for pennies per day.

 

 

Contact Information

 

Jim Proctor

Health Enhancement Center

8615 Commerce Drive, Unit 4

Easton, MD 21601

410-822-8690

410-822-9434 (FAX)

[email protected]

A Good Idea – Here’s Why

• We have experience – Health Enhancement Center (HEC) has been managing DOT Part 40 compliance for over 27 years
• We have a proven record – HEC has had one client fined in 27 years. We manage DOT Part 40 compliance for over 700 companies in 28 states
• We cut costs and can prove it. HEC will conduct a no cost, Cost Benefit Analysis that will document your savings
• We have incentive. HEC can be fined by the DOT if we fail to manage your compliance and we have a near perfect track record to protect
• You and your staff have better things to do
• Never pay another DOT fine. If you are fined, we pay the fine
• And frankly, managing DOT Part 40 compliance is just a stressful hassle. One of those “Life Is Too Short” things that should be delegated

 

MMTA Member Since 2014

HEALTH ENHANCEMENT (HEC) NOW PROVIDES ITS COMPLIANCE MANAGEMENT CLIENTS WITH NEW OPTIONS TO REPORT VARIOUS WORKPLACE INCIDENTS TO THE DOT – ESPECIALLY CRITICAL WHEN  AUDITED.

IN ADDITION, THESE SAME TOOLS CAN BE USED TO DOCUMENT AN EMPLOYER’S “COMPLIANCE” WITH IT’S OWN POLICY AND PROCEDURES THEREBY SIGNIFICANTLY LIMITING THE PROBABILITY OF BEING ON THE LOOSING END OF A LAWSUIT.

AN EMPLOYER IS RESPONSIBLE FOR APPROXIMATELY 34 TASKS TO EFFECT DOT PART 40 COMPLIANCE AND NEARLY THE SAME TO COMPLY WITH THEIR OWN COMPANY POLICY. HEC PROVIDES THE FORMS NECESSARY TO DOCUMENT BOTH DOT AND EMPLOYER POLICY COMPLIANCE.

COMPLIANCE FORMS ARE CONVENIENTLY AVAILABLE TO THE EMPLOYEE/USER ON EMPLOYEE CELL PHONES AND TABLETS, AND ON EMPLOYER OFFICE COMPUTERS. SINCE ACCURACY AND TIMING ARE CRITICAL, INCIDENT DETAILS CAN EASILY BE CAPTURED WHERE AND WHEN THINGS HAPPEN.

CONTACT JIM PROCTOR AT 410-822-8690 OR REPLY TO THIS EMAIL FOR MORE INFORMATION.

Employees Covered Under DOT Testing Regulation 49 CFR Part 40

Federal Motor Carrier Safety Administration (FMCSA)
49 CFR Part 382
Covered employee: A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.

Federal Railroad Administration (FRA)
49 CFR Part 219
Covered employee: A person who performs hours of service functions at a rate sufficient to be placed into the railroad’s random testing program. Categories of personnel who normally perform these functions are locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.

Federal Aviation Administration (FAA)
14 CFR Part 120
Covered employee: A person who performs flight crewmember duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties; ground security coordinator duties; aviation screening duties; air traffic control duties, and operations control specialist duties. Note: Anyone who performs the above duties directly or by contract for a part 119 certificate holder authorized to operate under parts 121 and/or 135, air tour operators defined in 14 CFR part 91.147, and air traffic control facilities not operated by the Government are considered covered employees.

Federal Transit Administration (FTA)
49 CFR Part 655
Covered employee: A person who performs a revenue vehicle operation; revenue vehicle and equipment maintenance; revenue vehicle control or dispatch (optional); Commercial Drivers License non-revenue vehicle operation; or armed security duties.

Pipeline and Hazardous Materials Safety Administration (PHMSA)
49 CFR Part 199
Covered employee: A person who performs on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function.

United States Coast Guard (USCG)
46 CFR Parts 4 and 16
Covered employee: A person who is on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner’s document. Also, a person engaged or employed on board a U.S. owned vessel and such vessel is required to engage, employ or be operated by a person holding a license, certificate of registry, or merchant mariner’s document.