[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59340-59341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27525]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket DOT-OST-2009-0292]


Michael R. Bennett and Workplace Compliance; Final Public 
Interest Exclusion Order

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: The Department of Transportation (DOT) issued a decision and 
order under the Procedures for Transportation Workplace Drug and 
Alcohol Testing Programs excluding a service agent, Michael R. Bennett, 
Workplace Compliance, Inc. in North Carolina, Texas, and all other 
places it is incorporated, franchised, or otherwise doing business, and 
all other individuals who are officers, employees, directors, 
shareholders, partners, or other individuals associated with Workplace 
Compliance, Inc., from providing drug and alcohol testing services in 
any capacity to any DOT-regulated employer for a period of 5 years. Mr. 
Bennett and his company provided Medical Review Officer services to 
DOT-regulated employers directly and through other service agents when 
Mr. Bennett was not qualified to act as a Medical Review Officer.

DATES: The effective date of the Public Interest Exclusion was July 31, 
2009 and it will remain in effect until July 31, 2014.

FOR FURTHER INFORMATION CONTACT: Patrice M. Kelly, Deputy Director, 
U.S. Department of Transportation, Office of Drug and Alcohol Policy 
and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; 
(202) 366-3784 (voice), (202) 366-3897 (fax), or [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with the provisions of the Department's regulation at 
49 CFR part 40 (Part 40), subpart R, Public Interest Exclusions (PIE), 
the Federal Aviation Administration (FAA) issued a Notice of Corrective 
Action to Mr. Bennett on March 6, 2009, and then issued a Notice of 
Proposed Exclusion on May 5, 2009. Through an investigation, the FAA 
found that Mr. Bennett violated Part 40 because he had performed all 
roles and responsibilities of a Medical Review Officer (MRO) under Part 
40, even though he was not a licensed physician (a Doctor of Medicine 
or Osteopathy), and therefore not qualified to act as an MRO. Mr. 
Bennett and his company used a medical doctor's name on thousands of 
negative test results and hundreds of non-negative test results in 
order to verify these DOT-regulated drug test results. He communicated 
those results to employers and/or other service agents for 
communication to other DOT-regulated employers.
    The FAA referred the matter to the Department for a PIE proceeding 
under the provisions of Subpart R of Part 40. Mr. Bennett did not 
contest the FAA's allegations.

Public Interest Exclusion Decision and Order

    On July 31, 2009, the Department issued a PIE against Michael R. 
Bennett, Workplace Compliance, Inc. in North Carolina, Texas, and all 
other places it is incorporated, franchised, or otherwise doing 
business, and all other individuals who are officers, employees, 
directors, shareholders, partners, or other individuals associated with 
Workplace Compliance, Inc., (``Michael R. Bennett, et al.'') from 
providing drug and alcohol testing services in any capacity to any DOT-
regulated employer for a period of 5 years. A full copy of the 
Department's Decision and Order can be found at http://www.dot.gov/ost/dapc/.
    In accordance with the terms of the Department's Decision and Order 
and per 49 CFR 40.403(a), Michael R. Bennett, et al., were required to 
directly notify each of the affected DOT-regulated employer clients in 
writing about the issuance, scope, duration, and effect of the PIE. The 
Department has notified employers and the public about this PIE by 
publishing a ``List of Excluded Drug and Alcohol Service Agents'' on 
its Web site at http://

[[Page 59341]]

www.dot.gov/ost/dapc/ and will make the list available upon request. As 
required by 49 CFR 40.401(d), the Department is publishing this Federal 
Register notice to inform the public that Michael R. Bennett, et al., 
are subject to a PIE for 5 years. After July 31, 2014, Michael R. 
Bennett, et al., will be removed from the list and the public will be 
notified of that removal, also in accordance with 49 CFR 40.401(d).
    Any DOT-regulated employer who uses the services of Michael R. 
Bennett, et al., between July 31, 2009 and July 31, 2014 may be subject 
to a civil penalty for violation of Part 40.

    Dated this 10th day of November, 2009, at Washington, DC.
Patrice M. Kelly,
Deputy Director, Office of Drug and Alcohol Policy Compliance.
[FR Doc. E9-27525 Filed 11-16-09; 8:45 am]
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