This Week Online at www.DATIA.org
June 9, 2005

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First Step Taken Toward Banning Products Meant to Beat a Drug Test

DATIA applauds Congressman Eliot Engel (NY) for taking an important first step toward ridding the market of products meant to thwart a drug test by introducing The Drug Testing Integrity Act of 2005.

The bill would prohibit the manufacture, marketing, sale, or shipment in interstate commerce of products designed to assist in defrauding a drug test.

This first step brings to light the importance of a federal initiative to curtail the use of substances and devices that subvert drug tests. DATIA is currently working with Congress on strong and effective legislation that will truly rid the market of products meant to subvert a legal and legitimate drug test, and will keep members informed of our efforts.

More than 12 million employees are subject to mandatory drug testing under the Department of Transportation (DOT) guidelines.These employees are in safety-sensitive positions including truck drivers, airline pilots, bus drivers, mass transit operators, railroad engineers, pipeline workers, mariners and related personnel in safety sensitive positions. The availability of products that are specifically manufactured for the purpose of cheating a drug test bears a serious public safety risk and nullifies the benefits of drug testing those in safety sensitive positions. Fourteen states have laws intended to curb the use of such products, but the piecemeal effect simply does not work.

DATIA testified before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee on this issue last month. You can read DATIA’s testimony by clicking here. When the legislation being prepared by DATIA is introduced, we will let you know.


Question & Answer From DATIA's Forum:

Question: I recently had a donor come into my office who provided 40mL of urine for the drug screen. Can I submit this amount for a DOT test?

Answer: Section 40.65 (a) and (a)(1) of the Department of Transportation's (DOT) 49 CFR Part 40, states that as a collector, "you must check to ensure that the specimen contains at least 45mL of urine. If it does not, you must follow "shy bladder" procedures."


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