U.S. Department of TransportationU.S. Department of Transportation

DOT Drug & Alcohol TestingDOT Drug & Alcohol Testing UpdateUpdate

Department of Interior MeetingDepartment of Interior Meeting

Miami, FloridaMiami, FloridaMarch 2007March 2007

RELATIONSHIPSRELATIONSHIPS

Department of Department of Transportation (DOT)Transportation (DOT) Through OST and its Through OST and its

Agencies, regulates Agencies, regulates the drug and alcohol the drug and alcohol testing of 11 million testing of 11 million employees working for employees working for 676,000 employers676,000 employers

Provides regulations Provides regulations and guidelinesand guidelines

Department of Health and Department of Health and Human Services / SAHMSAHuman Services / SAHMSA

Provides Guidelines for Provides Guidelines for drug testing of Federal drug testing of Federal employeesemployees

Certifies labsCertifies labs

Department of Homeland Department of Homeland Security/USCGSecurity/USCG uses DOT Part 40 uses DOT Part 40 regs with RTW changesregs with RTW changes

Nuclear Regulatory CommissionNuclear Regulatory Commission uses its version of the HHS (and now uses its version of the HHS (and now also DOT) regs. New reg coming also DOT) regs. New reg coming soon.soon.

DOT/OST ODAPC. Thru Part 40, establishes who conducts tests, how tests are to be conducted, what RTW procedures to follow

HHS/SAMHSA. Certifies labs, id’s drugs/analytes and cutoffs, establishes lab urine testing procedures

Each DOT/Agency. Regulates employers, enforces Agncy regs. Thru each reg, establishes who is tested, when they are tested

DOT DOT Agencies Agencies

49 CFR Part 4049 CFR Part 40

DefinitionsDefinitions Employer Employer

ResponsibilitiesResponsibilities Collection ProcessCollection Process Lab ProcessLab Process MRO Roles & MRO Roles &

ResponsibilitiesResponsibilities Alcohol TestingAlcohol Testing

SAP & RTD ProcessSAP & RTD Process Service Agent Service Agent

ResponsibilitiesResponsibilities Confidentiality of Confidentiality of

InformationInformation Service AgentsService Agents Public Interest ExclusionsPublic Interest Exclusions

46 CFR Part 4, 16

49 CFR Part 655

49 CFR Part 382

49 CFR Part 219

49 CFR Part 199

14 CFR Part 121

49 CFR 49 CFR Part 40Part 40 Appendix I & J

PHMSA PHMSA (was RSPA)(was RSPA)

employers2,450

employees190,000

USCGUSCG

employers13,000

employees135,000

FRAFRA

employers650

employees97,000

FTAFTA

employers3,135

employees261,000

FMCSAFMCSA

employers650,000

employees10,000,000

FAAFAA

employers6,900

employees419,000

The DOT WebsiteThe DOT Website

Access to Almost Everything You Wanted to Access to Almost Everything You Wanted to Know About Part 40 Know About Part 40 ANDAND Links to All of the DOT Links to All of the DOT Agency Regulations and ContactsAgency Regulations and Contacts

Sign up For Automated Email Notifications and Sign up For Automated Email Notifications and “ODAPC Dispatches” (Articles of Interest and “ODAPC Dispatches” (Articles of Interest and Guidance)Guidance)

www.dot.gov/ost/dapcwww.dot.gov/ost/dapc

Recent Issues & Recent Issues &

Issues on the HorizonIssues on the Horizon

I. Current Status of Specimen I. Current Status of Specimen Validity TestingValidity Testing

A.A. HHS Requirements in Place 2004HHS Requirements in Place 2004B.B. DOT NPRM Closed 12/05DOT NPRM Closed 12/05

-- Authorized Not Mandatory-- Authorized Not Mandatory

C.C. Most Labs Doing Minimum (Creat, SG, Most Labs Doing Minimum (Creat, SG, pH)pH)

-- Few Labs Doing Adulterants-- Few Labs Doing Adulterants-- Equipment Cost v. Demand-- Equipment Cost v. Demand

D.D. No Date on DOT Final Rule (By No Date on DOT Final Rule (By Summer?)Summer?)

II. Current Status of Alternative II. Current Status of Alternative SpecimensSpecimens

A.A. HHS Proposed Guidelines Covered:HHS Proposed Guidelines Covered:

-- Alternative Specimens-- Alternative Specimens

-- POCT Testing-- POCT Testing

-- IITFs, Other Drugs (MDMA)-- IITFs, Other Drugs (MDMA)

-- 18 Month Lead Time-- 18 Month Lead Time

B. Withdrawn From OMB Review 6/06B. Withdrawn From OMB Review 6/06

C. No Estimate On When HHS Will C. No Estimate On When HHS Will Reintroduce and in What FormReintroduce and in What Form

III. CDL DriversIII. CDL Drivers

A.A. FMCSA Regulations at 49 CFR part 382FMCSA Regulations at 49 CFR part 382

B.B. If it Effects Your Driver, Rules and If it Effects Your Driver, Rules and Procedures Not OptionalProcedures Not Optional

C.C. Pre-Employment, Random, Post-Pre-Employment, Random, Post-Accident, Reasonable CauseAccident, Reasonable Cause

D.D. May Not Amend or Change Required May Not Amend or Change Required ProceduresProcedures

E.E. Guidance Available From FMCSAGuidance Available From FMCSA

F.F. Five States Require CDL Employers to Five States Require CDL Employers to Report Drug Positives to StatesReport Drug Positives to States

-- CA, OR, WA, TX, NC-- CA, OR, WA, TX, NC

-- Current FMCSA, FTA, DOT Regulations -- Current FMCSA, FTA, DOT Regulations Would Appear to Prohibit These Blanket Would Appear to Prohibit These Blanket ReportsReports

-- FMCSA, FTA, DOT Considering Regulation -- FMCSA, FTA, DOT Considering Regulation Change (NPRM, Final Rule)Change (NPRM, Final Rule)

IV. Miscellaneous Other TopicsIV. Miscellaneous Other Topics

A.A. HHS and DOT Require Labs to Call HHS and DOT Require Labs to Call MROs on Some InvalidsMROs on Some Invalids

-- MRO Should Call if Lab Doesn’t-- MRO Should Call if Lab Doesn’t

B. State Medical MJ Laws are NEVER B. State Medical MJ Laws are NEVER Acceptable for Federal Test Medical Acceptable for Federal Test Medical Explanations on Positives (HHS, DOT) Explanations on Positives (HHS, DOT)

C.C. ““Shy Bladder”Shy Bladder”

-- Clock Starts at First Attempt-- Clock Starts at First Attempt

-- Medical Explanation Must Meet Regulatory -- Medical Explanation Must Meet Regulatory ThresholdThreshold

-- -- Physical-- -- Physical

-- -- Psychiatric/Psychological-- -- Psychiatric/Psychological

-- MRO Makes Call-- MRO Makes Call

D.D. Internet/Web PharmaciesInternet/Web Pharmacies

-- DOT has Q&A Since July 06-- DOT has Q&A Since July 06

-- No Doctor-Patient Relationship When -- No Doctor-Patient Relationship When Internet Doctor PrescribesInternet Doctor Prescribes

E. What Else?????E. What Else?????

Office of Drug & Alcohol Policy & ComplianceOffice of Drug & Alcohol Policy & Compliance

Jim SwartDeputy Director

Mark SniderSenior Policy Advisor

Bohdan BaczaraPolicy Advisor

George EllisSenior Policy Advisor

Vicki BelletMaria LoftonAdministrative

Jim Swart, Acting Director Jim Swart, Acting Director

Bob AshbyOffice of General Counsel

George EllisGeorge EllisSenior Policy AdvisorSenior Policy AdvisorOffice of Drug & Alcohol Policy & Office of Drug & Alcohol Policy & ComplianceCompliance

Office of the SecretaryOffice of the SecretaryUS Department of TransportationUS Department of Transportation

400 Seventh Street, SW400 Seventh Street, SWWashington, DC 20590Washington, DC 20590

202-366-DRUG (3784)202-366-DRUG (3784)Fax: 202-366-3897Fax: 202-366-3897

George. Ellis@dot.govGeorge. Ellis@dot.gov

Office of Drug Office of Drug

& & Alcohol Policy Alcohol Policy

& Compliance& Compliance