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Wednesday, November 18, 2009

DOT Issues 1st Public Interest Exclusion (PIE)-Who is Knocking at your Door?










Alabama@Work
By Tommy Eden, Attorney

The DOT drug and alcohol testing regulations provided for in its final rule a public interest exclusion (PIE) mechanism designed to protect the public from the affects of serious noncompliance by service agents. The PIE provision became effective January 18, 2001.

A service agent who engages in serious misconduct could be excluded from participating in DOT-required drug and alcohol testing for a period of time. All individuals or organizations listed here are excluded from participating in Department’s drug and alcohol testing programs until further notice.

In the Matter of: MICHAEL R. BENNETT and WORKPLACE COMPLIANCE, INC. DOT PIE No. 2009-1

Name and Address of Service Agent:
Michel R. Bennett and Workplace Compliance, Inc. in North Carolina and Texas and all other places it is incorporated, franchised, or otherwise doing business
Other Persons or Organizations:
Officers, employees, directors, shareholders, partners or individuals associated with Workplace Compliance, Inc.

Scope:
Acting as a service agent or providing any drug and alcohol testing services to any DOT regulated entity.

Duration [beginning & end dates]:
July 31, 2009 - July 31, 2014
Common Sense Counsel: If you are a DOT regulated Service Agent it is highly recommended that you get your house in order before the DOT knocks at your door. This can be done using self audits and outside audits, having employees participate in certificated training offered one of the National Associations: http://www.sapaa.com/ or http://www.datia.org/ and taking DOT inquires very seriously. Treat such inquires as if your business life depends on the correct response.


Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at teden@constangy.com or 334-246-2901. Blog at www.alabamaatwork.com