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From: g woodall
Password: orange
Date: 11 Nov 2006
Time: 06:03:33 -0800
Remote Name: 68.52.204.228
A TPA can be held responsible for complicity - knowingly participating in a fraud of the regulations. My suggestion list of possibilities:
1) Regardless of other action or inaction, write the company a letter that such behavior is a violation of the regulations and if a pattern will have [whatever consequence you wish to attach, e.g cancel contract, report to authorities, or ? nothing]
2) Review your contract for services to be certain respective responsibilities and expectations are clearly defined - revise if necessary.
3) Caption your random selections list to companies with language like "from YOUR furnished listing of ### covered employees, the following were selected . . . " and possibly add a disclaimer in the footer regarding responsibility of the company to furnish an accurate and complete list. (Unfortunately the lists often change constantly.)
4) Move this company from a consortium consisting of many employers to a single employer-specific pool. Then the TPA reports the pool's lab statistics along with the employer's number of specimens contributed (#pre-emp, #random, #post, etc.). This may help make any discrepancies more apparent to the employer.