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Webinar Materials

Professional information provided by Arthur J. Cohen, Esq., VP of Operations and General Counsel for Concorde.

NOTE: THIS INFORMATION IS AVAILABLE TO CONCORDE CUSTOMERS ONLY. PLEASE LOG IN TO ACCESS THESE MATERIALS

How to Deal with OTC and Rx Drugs in the Workplace

Wednesday, May 3, 2017

Join Concorde’s Art Cohen in a deep dive into dealing with employee that use OTC and Rx drugs in the workplace. The most abused drugs in the U.S. are not illegal drugs; rather they are drugs legally obtained. Painkillers, anti-depressants, and the like pose incredible safety risks that must be addressed by every employer, especially when these employees are performing safety sensitive functions. Your employees that are using these drugs are ticking time bombs waiting to explode!

The topics that will be addressed include:

  • The nature of the safety and other risks/problems posed by OTC & Rx Drugs in the Workplace
  • Drafting a program, policy and forms to confront the issues
  • Obtaining stakeholder buy-in for the Policy – educating & training employees and managers
  • The critical role of health care providers, including DOT certified medical examiners in controlling the risks and protecting the employer
  • The DOT’s Model Toolkit

Drafting Employment Screening Policies

Wednesday, March 15. 2017

Join Concorde's General Counsel, Art Cohen for the second part of the presentation Drafting Employment Screening Policies that will address drafting a written policy for pre-employment background checks.   

Last month, we examined drafting  a drug and alcohol policy. During this webinar, we will talk about recent EEOC developments that are shaping how employment screening must be performed including which searches to utilize for different job positions and how applicants with adverse information should be treated.

Drafting a Drug and Alcohol Testing Policy

Wednesday, February 15, 2017

Join Concorde's General Counsel, Art Cohen for this two part presentation which will first address drafting a written policy for Drug & Alcohol Testing and next month for Employment Screening Services.

During this webinar, we will address how to draft a written drug & alcohol testing policy. We will focus on such topics as: What conduct should be prohibited? What should be the consequences of prohibited conduct? How should discipline be administered? When should testing be conducted? When, if at all, should Non-DOT accident testing be performed?

FCRA 101 - Understanding the Federal Fair Credit Reporting Act

Wednesday, January 11, 2017

Join Concorde's General Counsel, Art Cohen for this upcoming webinar that will provide insight on understanding the Federal Fair Credit Reporting Act. The Federal Fair Credit Reporting Act (FCRA) imposes numerous obligations on users (i.e. employers) and providers (consumer reporting agencies like Concorde). The law addresses obtaining permission from applicants to order reports about them, what can and cannot be reported by consumer reporting agencies, what can and cannot be considered by employers in making decisions, applicant's rights to challenge adverse information and much more. The failure to follow the law creates huge legal liabilities for all concerned. It is another "pit for the unwary". So join Art for an enlightening hour concerning this important federal law.

DQF 101 - Back to Basics

Wednesday, November 30, 2016

Join Concorde's General Counsel, Art Cohen, in the next several months as he examines a number of medical examination, DOT/FMCSA, employment screening and drug testing topics.

Our next webinar is a must attend boot-camp for anyone that is responsible for handling their company's DQFs. Join Art Cohen and Candy Brady, who heads Concorde's DQF unit for a hands on presentation on how to ensure compliance in your DQFs. Particular focus will be given to the operational issues that DQF managers and Concorde must overcome to ensure that DQF files will pass an audit; all of our lessons learned will be shared to the end that attendees can learn how others have solved similar matters. Candy will explain the role of Concorde's DQF Specialist, whose job is to interface with our clients to help ensure compliance by bringing to their attention high priority items like drivers with expired licenses or medical cards, missing documents, etc.

DOT Drug Testing 101 (and a little 102 & 103)

Wednesday, October 19, 2016

Join Concorde's General Counsel, Art Cohen, in the coming months as he examines a number of medical examination, DOT/FMCSA, employment screening and drug testing topics. Art will begin with a series of 4 "101" webinars on drug testing, FCRA, DOT/FMCSA medical examinations and DQFs. After these "intro" "survey" webinars, Art and others at Concorde will join him for deeper dives into the cracks and crevices of these topics.

The first webinar will be an overview of the world of regulated drug testing (federal and non-DOT) including forensic specimen collection, laboratory testing and medical review officer protocols. This is for both those that are new to regulated drug testing and experienced DERs who want a refresher of the basics.

How to Survive a FMCSA Drug & Alcohol / DQF Audit

September 14, 2016

If you haven't been audited yet - you will be.  If you have been - you will be again.  Audits are on the rise and are becoming more complex.  
Join Concorde's managers (Jon Rehr - Randoms / Candy Brady - DQFs / Art Cohen - General Counsel ) for a brand new program regarding FMCSA audits and how to prepare for them.  Team Concorde will share its lessons learned in the trenches dealing with federal and state auditors.  
We will discuss our approach to effective and successful audit preparation and what we do to try to ensure a good result. Hear the good, bad and ugly from those that deal with these issues on a regular basis.  

Felony and Misdemeanor Convictions: Does (or Should) the Label Make Any Difference in the Hiring Process?

July 26, 2016

Employers usually attach more significance to a prospective employee’s felony conviction than a misdemeanor. While our intuition tells us that sounds right, there are meaningful exceptions when greater weight should be given to a misdemeanor than a felony. Join Concorde’s GC, Art Cohen, for what is sure to be an interesting hour as he explores this topic and explains the nuances of using conviction information in the hiring process. Given recent EEOC activity regarding employer’s use of criminal records, this is a must attend for those that are responsible for disqualifying applicants by reason of their criminal records. BTW - For those of you that didn’t know, Art was a pool public defender in NJ when he first started practicing (over 40 years ago) specializing in the defense of armed robbery and child abuse cases.

Meet the MRO

June 16, 2016

Join one of Concorde's MROs, Richard Wallace, M.D. and VP of Operations, Art Cohen for one of everybody's favorite webinars - MEET THE MRO. Rich and Art will address a myriad of MRO issues including shy bladder, specimen adulteration, resolving collection location disputes (or not), what is an acceptable medical explanation (when can a donor use their spouse's Rx), and much more.

How to Win Drug & Alcohol Cases

June 1, 2016

Sooner or later you are going to have to deal with a contested case. It might be a lawsuit, unemployment hearing, worker's compensation case, union grievance/arbitration. It might involve an accident caused by one of your employees or an inappropriate action by a supervisor or it could be a drug test. Winning any case, including drug or alcohol cases, requires a thorough understanding of the potential issues likely to be encountered and how to avoid or at the least, prepare for them. Join Art Cohen, Concorde's General Counsel, and hear him discuss what to do to avoid claims and if the event a case arises, how to win.

Everything Employers Want (&Need) to Know About Marijuana

April 28, 2016

Employers face a number of issues when it comes to dealing with marijuana in the workplace. Art Cohen, Concorde's VP of Operations and General Counsel will get into the weeds of the forensic and legal issues of marijuana regarding marijuana in the workplace.

Topics to be covered are: federal and state laws, including medical and legal marijuana; synthetic marijuana; forensic testing for marijuana; MRO review of marijuana cases; the answer to the question that everyone asks: how to beat a drug test for marijuana; and addressing these issues in a drug free workplace policy.

Using Criminal, Credit and Other Reports in Making Hiring Decisions

March 31, 2016

Join Concorde's VP of Operations and General Counsel, Art Cohen and Director of Employment Screening, Katie Kulp for an update on the latest best practices for utilizing pre-employment background reports in making hiring decisions.

With the increasing legal actions being brought on by the FTC, EEOC, local government (think Ban the Box & more) not to mention the Plaintiff's Bar in bringing Class Actions for FCRA violations, it has never been more important to stay on top of the law.

FMCSA Medical Examination Process Update

February 24, 2016

Beginning April 20, 2016 Certified Medical Examiners (CMEs) will be required to use a new Medical Examination Report (MER) and Medical Examination Certificate (MEC). These new forms incorporate new processes to be followed by CMEs including the new "Pending" status as a possible examination result. These and other changes are a result of an ongoing series of FMCSA rule changes that have completely overhauled the medical examination process (including documentation and integration of the MEC with the driver's Motor Vehicle Record (MVR), the latest of which was finalized last year and begins to take effect this year.

So if you want to learn more about the latest rule changes, including all of the abbreviations (sorry-these abbreviations won't be allowed in Scrabble) join Concorde's Nancy Schultz, LPN and Arthur Cohen, Esq. on Wednesday, February 24 @ 2:30pm. In addition to doing a deep dive into the new rule, Nancy and Art will also provide a summary of the prior medical examination changes and how the process now works as a practical matter.

Driver Qualification - It's More Than Just DQF's

January 20, 2016

Join Concorde's VP of Operations and General Counsel, Art Cohen, for a deep dive into FMCSA driver qualification requirements. Because of the extensive nature of the material, it will be covered over the course of both the September and October monthly webinars.

  • The outline of the webinar will be the following:
  • The Regulatory Framework
  • Effect of State Adoption of the FMCSRs
  • Driver Qualifications - 49 CFR §391
  • Driver Qualification File (DQF)
  • Driver Investigation History File
  • Continuing Driver Qualification Issues
  • Location, Storage, and Production
  • Document Retention Requirements
  • Driver "Disqualification" Regulations

This webinar will be greatly beneficial and helpful to those wanting to have a better understanding of the FMCSA requirements.

How to Survive a FMCSA Drug & Alcohol / DQF Audit

December 02, 2015

If you haven't been audited yet - you will be. If you have been - you will be again. Audits are on the rise and are becoming more complex.

Join Concorde's managers (Jonathan Rehr - Randoms / Candy Brady - DQFs / Art Cohen - General Counsel) for a brand new program regarding FMCSA audits and how to prepare for them. Team Concorde will share its lessons learned in the trenches dealing with federal and state auditors.

We will discuss our approach to effective and successful audit preparation and what we do to try to ensure a good result. Hear the good, bad and ugly from those that deal with these issues on a regular basis.

Advanced DER Issues in Drug & Alcohol Testing

October 21st, 2015

It’s easy to administer a drug and alcohol testing program….. until you meet an issue for the first time. Sooner or later you will run into something you have not previously experienced. What to do? Join Art Cohen, Concorde’s VP of Operations and General Counsel, for a deep dive into some of the most challenging drug & alcohol scenarios that an employer will (not might) encounter sooner or later. This is an advanced presentation and requires an understanding of Parts 40 and 382.

DOT/FMCSA Medical Examinations - The Old and What's New

July 8th, 2015

Join Concorde’s Nancy Schultz and Art Cohen for a timely review of the DOT/FMCSA Medical Examination review process. This webinar will cover all of the basics that you need to know along with the changes in the DOT/FMCSA Medical Examination world in the last 12 months; these changes include the requirements of the use of Certified Medical Examiners (May,2014), medical MVR ordering and review, sleep apnea and more. Whether you are an old hand and just need a refresher and want to make sure you are on the same page as the DOT or a newbie and need to understand the big picture, you will find this webinar helpful and packed with important take-a-ways.

How to Deal with OTC & Rx Drugs in the Workplace

May 27, 2015. Format: Audio and PowerPoint

Join Concorde’s Art Cohen in a deep dive into dealing with employee that use OTC and Rx drugs in the workplace. The most abused drugs in the U.S. are not illegal drugs; rather they are drugs legally obtained. Painkillers, anti-depressants, and the like pose incredible safety risks that must be addressed by every employer, especially when these employees are performing safety sensitive functions. Your employees that are using these drugs are ticking time bombs waiting to explode!

The topics that will be addressed include:

  • The nature of the safety and other risks/problems posed by OTC & Rx Drugs in the Workplace
  • Drafting a program, policy and forms to confront the issues
  • Obtaining stakeholder buy-in for the Policy – educating & training employees and managers
  • The critical role of health care providers, including DOT certified medical examiners in controlling the risks and protecting the employer
  • The DOT’s Model Toolkit

Ordering and Reviewing MVRs in DQ-it After a Medical Examination

April 27, 2015. Format: Audio and PowerPoint

Art Cohen, Concorde's VP of Ops & General Counsel previously presented a webinar to discuss the 2 regulations that became effective January 30 that require motor carriers to check driver's MVRs for self-certification and medical examiner status together with making appropriate notes for inclusion in the DQF.  A refresher of this new regulation is discussed in the memo below.

April's webinar will be an update on the new regulation and will address the MVR portion of the regulation. The webinar will include specific details and instructions on how to obtain MVRs that keep your company compliant with the new regulation.

DQF101 - Back to Basics

March 25, 2015.  Format: Audio and PowerPoint

This webinar is a must attend boot-camp for anyone that is responsible for handling their company’s DQFs. Join Art Cohen and Candy Brady, who heads Concorde’s DQF unit for a hands on presentation on how to ensure compliance in your DQFs. Particular focus will be given to the operational issues that DQF managers and Concorde must overcome to ensure that DQF files will pass an audit; all of our lessons learned will be shared to the end that attendees can learn how others have solved similar matters. Candy will explain the role of Concorde’s DQF Specialist, whose job is to interface with our clients to help ensure compliance by bringing to their attention high priority items like drivers with expired licenses or medical cards, missing documents, etc.

Ordering and Reviewing MVRs in DQ-it® After a Medical Examination

January 29, 2015.  Format: Audio and PowerPoint

Art Cohen, Concorde’s VP of Ops & General Counsel will be presenting an additional webinar in January to discuss the 2 regulations that become effective January 30 that require motor carriers to check driver’s MVRs for self-certification and medical examiner status together with making appropriate notes for inclusion in the DQF.

Certified Medical Examiners – Lessons Learned from the Trenches

July 29, 2014. Format: Audio and PowerPoint.

It’s been 2 months since the new CME regulation took effect. Join Nancy Schultz and Art Cohen as they review & revisit the new CME regulation along with the lessons learned since it took effect. They have plenty of war stories to share including one about the bogus examiner that was arrested last month in Harrisburg, PA for masquerading as a CME.

Out of the Ordinary Drug & Alcohol Situations

June 26, 2014. Format: PowerPoint.

This presentation is a refresher in substance abuse testing topics and procedures with a focus on out of the ordinary situations that are encountered in drug and alcohol testing. Topics include: shy bladder and shy lung; when to perform an observed collection; Dilutes, Invalid, Adulterated and Substituted results; refusals; marijuana - medical and legal; and MRO issues.


FMCSA Medical Update - Part 2

May 29, 2014. Format: Audio and PowerPoint.

This month Nancy Schultz and Art Cohen will focus on the following medical exam topics: the medical components of the FMCSA examination; upcoming changes to the examination form and medical exam card; what medical conditions might disqualify a driver; disqualifiers that are mandatory v. discretionary and left up to the medical examiner; sleep apnea; AND OF COURSE…updates, experiences and lessons learned post-May 21 when the new CME rule is scheduled to take effect.

FCRA 101

June 19, 2013. Format: PowerPoint.

This presentation is an extensive introduction to the Fair Credit Reporting Act and its impacts on society and employment. Contents include definition of terms; an explanation of the role and responsibilities of Consumer Reporting Agencies (CRAs); the nature of consumer reports; identification of the stakeholders involved in the process; explanations of employer’s and consumer’s rights under the FCRA; proper disposal of consumer reports; and a discussion of state law nuances.

DOT Drug Testing – 101 (and a little 102 & 103)

May 8, 2013. Format: PowerPoint.

This presentation addresses the following topics: overview of DOT v. Non-DOT testing; common issues in urine specimen collection; common issues in laboratory testing; and common issues in MRO processing.

Why an Abbreviated DFWP Policy is not Enough and Related State Law Issues

March 27, 2013. Format: PowerPoint.

This presentation provides intermediate guidance through the Drug Free Work Place policy development process.

Drafting Employment Screening Policies

February 27, 2013. Format: PowerPoint.

This presentation provides a concise selection of considerations for developing strong employment screening policies. Topics include: using “Boilerplate” policies; addressing federal limitations on the use of records; and addressing state issues.

Sleep Apnea, Medical Examiner Certification and Other FMCSA Medical Issues

August 13, 2012. Format: PowerPoint.

In this presentation Art Cohen is joined by Concorde Senior Director of On-Site Medical Services Nancy Schultz and Director of FMCSA Medical Services Cpt. Glenn Merchant to elaborate on sleep disorders, driver performance, and the medical examiner’s responsibilities. Topics include: an overview of the FMCSA medical regulatory process; narcolepsy and sleep apnea; the certification of medical examiners; and the consolidation of licenses and medical cards.

Don’t Hire a Crook!

May 29, 2012. Format: PowerPoint.

This presentation provides extensive explanations of and justification for pre-employment background screening procedures.

Using Criminal Records Part 1 - Felony and Misdemeanor Convictions: Does ( Or Should) the Label Make Any Difference in the Hiring Process?

March 16, 2011. Format: PowerPoint.

This presentation draws from and elaborates on information provided in the article “Felony and Misdemeanor Convictions –Does (or Should) the Label Make Any Difference in the Hiring Process?” dated July 28th, 2008 (available through the Resources > Articles page of this website). Topics include: the differences between a felony and a misdemeanor conviction; the legal relevance of a felony or misdemeanor criminal conviction to the hiring process; and a proposed process for reviewing felony and misdemeanor criminal convictions.

DQF 101 - Back to Basics

Join Concorde's General Counsel, Art Cohen, in the next several months as he examines a number of medical examination, DOT/FMCSA, employment screening and drug testing topics.

 

Our next webinar is a must attend boot-camp for anyone that is responsible for handling their company's DQFs. Join Art Cohen and Candy Brady, who heads Concorde's DQF unit for a hands on presentation on how to ensure compliance in your DQFs. Particular focus will be given to the operational issues that DQF managers and Concorde must overcome to ensure that DQF files will pass an audit;  all of our lessons learned will be shared to the end that attendees can learn how others have solved similar matters. Candy will explain the role of Concorde's DQF Specialist, whose job is to interface with our clients to help ensure compliance by bringing to their attention high priority items like drivers with expired licenses or medical cards, missing documents, etc.