What if a donor will not provide their SSN or ID number for a urine drug collection?
Certified Training Solutions received the following question from a customer recently. We thought it would be helpful to share with others who may come across a similar situation.
QUESTION:
“I was a student of yours a few months back and completed the Train the Trainer DOT Urine course. I had a situation I came across and was wondering if I could get your input?
We had a donor who came in for a NON-DOT drug screen collection who did not want to provide his social security number. In this case, we usually use a different identifier such as a medical records number (MRN) or their date of birth.
The donor did provide his photo driver’s license, but now the MRO is questioning as to why we used the MRN number.
Is there another number we could use instead of the SSN?
If this were to be a DOT collection what would be the proper steps?
Most of the time the employer only has the employee’s first and last name for pre-employment — they don’t usually have any additional information, as they are still not with the company. What guidance can you provide? Thank you.”
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RESPONSE:
Since this was a non-DOT collection, this collection/test is considered “non-regulated”. Therefore, there is very little guidance on this situation other than what the employer’s policy outlines.
- What does the employer’s policy say regarding this situation?
- Does the employer’s policy require the employee to give a SSN or other specific ID number?
Every employer should have a comprehensive policy that addresses their procedures for testing/collections (i.e. What are the applicants’ or employees’ identification requirements at the collection site, What substances do they test for, How are collections conducted, How are refusals handled, What are the consequences of refusing or testing positive, etc.)
Most employer’s policies do not REQUIRE an employee or applicant to provide their SSN for drug tests, as there is no federal law that requires a person to do so for a urine collection. Therefore, a person has a right to decline providing their SSN to any entity unless it is required by federal law.
(Note: All collection sites should have a copy of each policy for employers that they conduct collections for and should refer to this policy for guidance whenever unusual situations arise. Suggestion: Be sure to have each employer/client give you a copy of their policy and procedures and ensure that all collection staff are familiar with each client’s policy — also have the policy on hand [perhaps in a binder] so that collectors can refer to the policy, when needed. Be sure to tell the employers to send you a new one whenever they make updates to their policy or procedures.)
Suggested course of action: Since the donor provided his license, I simply would have used his driver license number as the ID number. Simple.
If he had provided a different form of identification, such as an employee ID card, I would have used his employee ID number. If neither of those were available, I would have asked if he were willing to provide the last 4 digits of his social security number (SSN). Most people are willing to provide the last 4 digits. However, if he were unwilling to do this and was unwilling to give any other sort of identification number, I would simply note, “Donor declined to provide SSN or ID #” in the Remarks on the Chain of Custody Form.
I find it odd that the MRO should have a problem with whatever number you used as an ID number, regardless of what it was. You cannot REQUIRE a person to give you their SSN unless it is required by federal law.
~ Now, if this had been a DOT collection, the answer is more cut and dry. If the collection was occurring under FMCSA authority, the Part 382 rules instruct the collector to use the donor’s Commercial Driver License (CDL) number as the ID number in Step 1 of the CCF. This is a requirement due to Clearinghouse reporting. [The employer should have the donor’s CDL number on file, even for applicants before they send them to you for a collection, so you can always call the DER for this information.]
However, for any other DOT operating agency (FAA, FRA, FTA, PHMSA), you must follow the instructions in the regulations and the current HHS instructions for completing the CCF. These instructions are found here:
https://www.samhsa.gov/sites/default/files/workplace/urine-ccf-instructions.pdf
Specifically, the instructions state, “Collector ensures that the required information is in STEP 1. Collector enters a remark in STEP 2 if Donor refuses to provide his/her SSN or Employee I.D. number.”
Again, simple. If the donor will not provide any sort of ID number, just make a note in Remarks on the CCF and continue with the process of collecting the specimen, as the instructions dictate. It is not a refusal to test if the donor will not provide their SSN or other identification number for a DOT test or collection.
Disclaimer: We occasionally may provide advice and/or our OPINIONS only in response to customer inquiries. These opinions are based on our knowledge, interpretation, and experience in this industry relating to Regulations and requirements (Federal, State, and other). However, the Office of General Counsel is the final authority on any and all Federal/DOT drug testing matters. It is best to check with them and the Office of Drug and Alcohol Policy and compliance and/or your corporate legal counsel on all matters of concern relating to Federal Regulations; or other Regulatory authority relating to matters of concern to you. We are not responsible for misinformation based on our sharing of opinions, nor are we responsible for misunderstanding or misuse of the information. Therefore, before taking any action regarding Regulatory matters, it is YOUR responsibility to ensure that YOU have conducted the proper research — such as contacting the proper authorities and/or legal counsel, before taking or failing to take action.