U'S' Department of Transportation

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U.S. Department of Transportation
DOT Drug Alcohol Testing Update Depar
tment of Interior Meeting Miami, Florida March
2007
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RELATIONSHIPS

• Department of Transportation (DOT)
• Through OST and its Agencies, regulates the drug
  and alcohol testing of 11 million employees
  working for 676,000 employers
• Provides regulations and guidelines

• Department of Health and Human Services / SAHMSA
• Provides Guidelines for drug testing of Federal
  employees
• Certifies labs

• Department of Homeland Security/USCG uses DOT
  Part 40 regs with RTW changes
• Nuclear Regulatory Commission uses its version of
  the HHS (and now also DOT) regs. New reg coming
  soon.

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HHS/SAMHSA. Certifies labs, ids drugs/analytes
and cutoffs, establishes lab urine testing
procedures
DOT/OST ODAPC. Thru Part 40, establishes who
conducts tests, how tests are to be conducted,
what RTW procedures to follow
DOT Agencies
Each DOT/Agency. Regulates employers, enforces
Agncy regs. Thru each reg, establishes who is
tested, when they are tested
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49 CFR Part 40

• Definitions
• Employer Responsibilities
• Collection Process
• Lab Process
• MRO Roles Responsibilities
• Alcohol Testing

• SAP RTD Process
• Service Agent Responsibilities
• Confidentiality of Information
• Service Agents
• Public Interest Exclusions

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46 CFR Part 4, 16
49 CFR Part 219
49 CFR Part 199
49 CFR Part 655
49 CFR Part 40
14 CFR Part 121
Appendix I J
49 CFR Part 382
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PHMSA (was RSPA) employers 2,450 employees 190,00
0
USCG employers 13,000 employees 135,000
FRA employers 650 employees 97,000
FMCSA employers 650,000 employees 10,000,000
FTA employers 3,135 employees 261,000
FAA employers 6,900 employees 419,000
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The DOT Website

• Access to Almost Everything You Wanted to Know
  About Part 40 AND Links to All of the DOT Agency
  Regulations and Contacts
• Sign up For Automated Email Notifications and
  ODAPC Dispatches (Articles of Interest and
  Guidance)
• www.dot.gov/ost/dapc

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(No Transcript)
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Recent Issues Issues on the Horizon
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I. Current Status of Specimen Validity Testing

• HHS Requirements in Place 2004
• DOT NPRM Closed 12/05
• -- Authorized Not Mandatory
• Most Labs Doing Minimum (Creat, SG, pH)
• -- Few Labs Doing Adulterants
• -- Equipment Cost v. Demand
• No Date on DOT Final Rule (By Summer?)

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II. Current Status of Alternative Specimens

• HHS Proposed Guidelines Covered
• -- Alternative Specimens
• -- POCT Testing
• -- IITFs, Other Drugs (MDMA)
• -- 18 Month Lead Time

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• B. Withdrawn From OMB Review 6/06
• C. No Estimate On When HHS Will Reintroduce and
  in What Form

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III. CDL Drivers

• FMCSA Regulations at 49 CFR part 382
• If it Effects Your Driver, Rules and Procedures
  Not Optional
• Pre-Employment, Random, Post-Accident, Reasonable
  Cause
• May Not Amend or Change Required Procedures
• Guidance Available From FMCSA

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• Five States Require CDL Employers to Report Drug
  Positives to States
• -- CA, OR, WA, TX, NC
• -- Current FMCSA, FTA, DOT Regulations Would
  Appear to Prohibit These Blanket Reports
• -- FMCSA, FTA, DOT Considering Regulation
  Change (NPRM, Final Rule)

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IV. Miscellaneous Other Topics

• HHS and DOT Require Labs to Call MROs on Some
  Invalids
• -- MRO Should Call if Lab Doesnt
• B. State Medical MJ Laws are NEVER Acceptable
  for Federal Test Medical Explanations on
  Positives (HHS, DOT)

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• Shy Bladder
• -- Clock Starts at First Attempt
• -- Medical Explanation Must Meet Regulatory
  Threshold
• -- -- Physical
• -- -- Psychiatric/Psychological
• -- MRO Makes Call

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• Internet/Web Pharmacies
• -- DOT has QA Since July 06
• -- No Doctor-Patient Relationship When
  Internet Doctor Prescribes
• E. What Else?????

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Office of Drug Alcohol Policy Compliance
Jim Swart, Acting Director
Jim Swart Deputy Director
Bob Ashby Office of General Counsel
Mark Snider Senior Policy Advisor
George Ellis Senior Policy Advisor
Bohdan Baczara Policy Advisor
Vicki Bellet Maria Lofton Administrative
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Office of Drug Alcohol Policy Compliance

• George Ellis
• Senior Policy Advisor
• Office of Drug Alcohol Policy Compliance
• Office of the Secretary
• US Department of Transportation
• 400 Seventh Street, SW
• Washington, DC 20590
• 202-366-DRUG (3784)
• Fax [phone]
• George. Ellis_at_dot.gov