NEWS RELEASE:
07/30/2009 DOT Issues
Effective Date For DO Procedures For Follow-Up and Return-to-Duty Testing |
In today's Federal Register (July 30, 2009) the DOT issued
a new final rule on the effective date of making all return-to-duty and follow-up drug tests mandatory Direct Observations
(DOs).
1. This Final Rule makes Direct Observation (DO) collection procedures mandatory for all return-to-duty
and follow-up drug testing.
2. This provision had been stayed by the United States Court of Appeals for the District
of Columbia Circuit; but that stay was lifted on July 1, 2009, following the Court’s unanimous decision to uphold the
Department’s position in this matter.
3. This amendment, therefore, restores the language of 49 CFR 40.67(b) to
the version that became a final rule on June 25, 2008.
4. The Final Rule’s effective date is August 31, 2009.
Please click here for the full pdf of the final rule.
Information provided directly from DATIA news.
News Release: ATA Unveils Progressive New Highway Safety Agenda
Click
link to read:
Highway safety Agenda: The ATA Unveils Progressive New Highway Safety Agenda
NEWS RELEASE: DOT Rule Changes
PLEASE READ CAREFULLY
Posted by Compliance Services 12-1-2008
On June 25th, 2008,
The DOT issued major changes to its CFR 49 part 40 Regulations. The DOT amended certain provisions to change instructions
to collectors, laboratories, medical review officers, and employers regarding adulterated, substituted, diluted and invalid
urine specimen results. - This Final Rule makes it mandatory for labs to test all DOT specimen
for specimen validity (i.e. adulterants and substitutes), and for labs to follow all Department of Health and Human Services
protocols for doing so.
- During observed collections, items such as prosthetic devices designed
to carry clean urine will be checked for by observers with both male and female donors. The observer will have the donor
raise and lower their clothing a, and put it back into place for the observed collection.
- Observed
collections will now be mandatory for all return-to- duty and follow-up drug testing (only after a positive test).
- In an effort to thwart those who would manufacture products designed to adulterate specimens, the Final Rule
will no longer have easy to follow tables and charts outlining the adulterants for which labs are testing, and the cutoff
levels at which they are testing.
- The following occurances are now considered a refust to test:
- The donor is found to possess or wear a prosthetic device used to interfere with the collection
process.
- The donor refused to raise and lower clothing to observer.
- The
donor admits to the collector or MRO that he/she adulterated or substituted the specimen.
- The
Final Rule will close the potentially endless loop on invalid specimen results; and employees results when they have a medical
reason for the invalid result.
