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The Department of Transportation (DOT) has issued another public interest exclusion (PIE).

We consistently stress to our clients and trainees that FOLLOWING THE FEDERAL REGULATIONS IS CRUCIAL. We have no room at Certified Training Solutions for “gray areas”, cutting corners, or trying to get away with something that is not allowed by the DOT Rules.  I’ve found myself saying countless times, “Follow the Regulations strictly or don’t bother being in the business.”
Unfortunately, there are always those folks who try to skirt the regulations to make an extra buck, and the latest PIE issued is a great example of what NOT to do.
If one lesson can be taken from this situation  (and others like it), it is: Adhering to the Federal Regulations is not optional! When it comes to DOT drug & alcohol testing, follow the Regulations to the letter of law. Period.
Read on for more details in the email we received today about Mr. Khouri. For more interesting reading, click the link towards the bottom and read the Department’s full decision.  Based on Mr. Khouri’s blatant disregard for the law, as shown by his ongoing illegal and unethical actions, if I were the one handing out PIEs, he would get one that lasted a lifetime.
—Lisa Bradley
Certified Training Solutions
 
From: DOT – Office of Drug & Alcohol Policy & Compliance <usdot@public.govdelivery.com>
Date: Wed, Jan 27, 2016 at 2:26 PM
Subject: Notice of Public Interest Exclusion (PIE)
Published today in the Federal Register and posted on the Department of Transportation’s web page for Public Interest Exclusions (PIE) is the decision and order entitled: Mounir R. Khouri Public Interest Exclusion Orderhttps://www.gpo.gov/fdsys/pkg/FR-2016-01-27/pdf/2016-01630.pdf.
This list serve, the web page link and today’s Federal Register Notice announce that the Department of Transportation has issued a PIE decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs.  The decision, dated January 20, 2016, excludes DOT-regulated employers and their service agents from using the drug and/or alcohol testing services of service agent, Mounir R. Khouri for five years from the date of this decision.  Furthermore, this PIE prohibits Mounir R. Khouri from providing drug or alcohol testing services to any DOT-regulated entity or service agent for five years from the date of this decision.

  • The duration of this PIE is 5 years.  This is the maximum sanction permitted under Part 40.
  • The Department of Transportation’s Office of the Inspector General conducted a criminal investigation that revealed that Mr. Khouri subverted the Medical Review Officer’s (MRO) role in the testing process in that he: received laboratory confirmed drug test results and falsely certified that those results were reviewed by a qualified MRO; acted as an MRO, without qualifications to do so, by verifying laboratory confirmed positive test results; prepared false CCFs for untested specimens and misrepresented that the specimens had tested negative.
  • Mr. Khouri pled guilty to criminal charges in the United States District Court for the District of Vermont. 
  • In accordance with the terms of the Department’s Decision and Order and per 49 CFR § 40.403(a), Mounir R. Khouri has been required to directly notify each of his 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:https://www.transportation.gov/odapc/pie.
  • As required by 49 CFR § 40.401(d), the Department published the Federal Register notice to inform the public that Mounir R. Khouri is subject to a PIE for 5 years. 
  • A full copy of the Department’s Decision and Order can be found at: https://www.transportation.gov/sites/dot.gov/files/docs/PIE_Decision_Khouri.pdf.

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

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