This Week Online at www.DATIA.org May 20, 2004

DOT Urges Interested Parties to Comment on Proposed HHS Drug Testing Guidelines

During DATIA’s Annual Conference, Jim Swart (Acting Director, DOT Office of Drug and Alcohol Policy and Compliance) indicated that the DOT would be publishing an informational notice concerning the recently released proposed Department of Health and Human Services (HHS) drug testing procedures to include on-site and alternative specimen testing, and on May 13, 2004 the notice was published. In the notice, the DOT urged employers, employees, and service providers involved in the DOT testing program to review the proposal and submit any comments or concerns to HHS. While the proposed HHS drug testing procedures do not propose to amend the DOT testing procedures, there is a close relationship between DOT’s testing procedures and HHS’s testing procedures. The DOT further states that “while not directly regulating transportation industry employers, (the proposed HHS testing procedures) will necessarily have to be considered by the Department of Transportation in the context of potential future revisions to Part 40”. Download the full DOT Informational Notice.

Federal Aviation Administration Reopens Comment Period for Regulation Determining Personnel Covered by Antidrug and Alchol Misuse Programs

In a Federal Register Notice, published on February 28, 2002, the FAA proposed to make it clear that each person who performs a safety-sensitive function directly or by contract (including by subcontract at any tier) for an employer is subject to drug and alcohol testing. The comment period closed on July 29, 2002. Several commenters stated that the change was more than clarifying and would have an economic impact. The FAA has prepared an initial regulatory evaluation on this issue, and is reopening the issue for public comment before making a final determination. DATIA encourages interested parties to review the full notice and provide comments by the August 16, 2004 deadline.

Question & Answer: Excerpts from the DATIA Forum

Question: I work with one MRO who will not accept the faxed copies of the CCF. I have offered to fax the MRO copy so he has something to use until the original arrives, but that's not good enough. So I'm having trouble "transmitting" the MRO copy within the recommended 24 hours. Any suggestions?

Answer: The MRO may release results after having in their possession copy 2 of the CCF, a legible copy of it, or any other CCF copy containing the employee's signature; and a legible copy, (fax, photocopy, or image) of copy 1 of the CCF or the electronic laboratory results report that conveys the negative laboratory test result. This is found in 40.127(c)(1)&(2). This tells me that the MRO has a choice in the way he/she chooses to release the results. Therefore you have a choice in which MRO you prefer to work with. There are literally hundreds of MROs out there, and most will release results after receiving a faxed copy.

Read more Q & A's from the DATIA Forum, or post your own question.


California Senate Votes to Ban Random Drug Testing of Students

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