11/17/2009 - Notice of P.I.E.(Final Public Interest Exclusion Order)

Published in today’s Federal Register is the Department of Transportation’s Public Interest Exclusion (PIE): Michael R. Bennett and Workplace Compliance; Final Public Interest Exclusion Order http://edocket.access.gpo.gov/2009/pdf/E9-27525.pdf  .

This Federal Register Notice announces that the Department of Transportation issued a PIE decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding a service agent, Michael R. Bennett; his company, 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.

The duration of this PIE is 5 years. This is the maximum sanction permitted under Part 40.

The Federal Aviation Administration brought this PIE action after investigating and substantiating that this service agent violated Part 40 on many occasions because Mr. Bennett had performed all roles and responsibilities of an 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. Michael R. Bennett, et al., 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. Michael R. Bennett, et al., communicated those results to employers and/or other service agents for communication to other DOT-regulated employers.

In accordance with the terms of the Department’s Decision and Order and per 49 CFR § 40.403(a), Michael R. Bennett, et al., have been required to directly notify each of the affected DOT-regulated employer clients in writing about the issuance, scope, duration, and effect of the PIE. In addition, the Department has notified employers and the public about this PIE by publishing a “List of Excluded Drug and Alcohol Service Agents” on its website at: http://www.dot.gov/ost/dapc/pie.html .

As required by 49 CFR § 40.401(d), the Department published the 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).
A full copy of the Department’s Decision and Order can be found at: http://www.dot.gov/ost/dapc/pie.html .


Patrice M. Kelly
Deputy Director
Office of Drug and Alcohol
Policy and Compliance
U.S. Department of Transportation

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