FOR YOUR INFORMATION

49 CFR Part 653 , Prevention of Prohibited
Drug Use in Transit Operations
February 15, 1994
Federal Register Vol. 59
Pages 7572-7611

Amended:
August 2, 1995
Federal Register Vol. 60
Pages 39618-39620
Primary Topic:  Exemption of Volunteers and
Post-Accident Testing Provision

December 8, 1998
Federal Register Vol. 63
Pages 61612-67613
Primary Topic:  Use of Law Enforcement
Post-Accident Test Results

December 14, 1998
Federal Register Vol. 63
Pages 68818-68819
Primary Topic:  Random Drug Testing
Rate at 50%

January 5, 1999
Federal Register Vol. 64
Pages 425-427
Primary Topic:  Safety-sensitive Maintenance
Functions

Technical Corrections:
March 6, 1995
Federal Register Vol. 60
Pages 12296-12300
Primary Topic:  Corrections and Clarifications

The information presented on this page should be used to update Chapter 5 of the Implementation Guidelines.

Adulterant Use Up

Quest Diagnostics, Inc. semi-annual Drug Testing Index (DTI) revealed a significant increase in adulteration rates over the last two years.  The DTI reported that the adulteration rate for 1998 was 0.63 percent of the positive tests analyzed by Quest laboratories compared to 2.6 percent in 1999.  The survey is based on over six million drug tests performed in 1999.  Of the 650,000 federally mandated tests for safety-sensitive workers, 1998 test results revealed a 0.32 percent adulteration rate compared to a 4.06 percent in 1999.

The adulterant testing process includes analyses for oxidizers such as bleach, nitrites and chromates (including pyridinium chlorochromate), interfering substances such as gluteraldehyde and acids, bases, and soaps.  Substituted samples with low specific gravity and creatinine levels were also reported.

Federally mandated testing agencies experienced a 3.2 percent positive rate for all testing categories compared to 4.6 percent for the Combined U.S. Workforce (Federal Safety-Sensitive and General Workforce).  Of the federally mandated positive tests, 3.1 percent were adulterated by oxidizing agents, while 0.96 percent were substituted.  Of the Combined U.S. Workforce, only 1.7 percent were adulterated and 0.81 percent were substituted.  From this data it can be concluded that even though individuals in a federally mandated testing program are less likely to test positive, those that do are nearly twice as likely to adulterate or substitute a sample as those in the General Workforce.

Last Seminar of the Year

FTA will sponsor its last of four drug and alcohol regulatory seminars scheduled this year on October 31 - November 1, in Atlanta.  The seminar will present the regulatory requirements, current interpretations, and other information necessary to facilitate grantees' self-assessment and compliance with the regulations.  For further information or to register for the seminars, contact Jennifer Whalley of the Volpe Center National Transportation System Center at (617) 494-2686, or e-mail at Whalley@volpe.dot.gov.

Federal Register Access

The U.S. Government Printing Office (USGPO) maintains an internet repository of
electronic versions of Federal Register documents.  To access these electronic documents, use your web browser to navigate to the home page at www.access.gpo.gov.  Click on Quick Links, then click on "Federal Register".  From there you can locate articles by date, title, and key word.

Response To Rx/OTC Drug Initiative

Transit systems have begun to develop new or enhance existing prescription and over-the-counter (OTC) medication policies in response to the Dear Colleague Letter sent to all grantees in May by Nuria Fernandez, Acting Administrator of FTA.   The programs are taking on different  characteristics depending on the unique nature of each system, but some commonalities are beginning to emerge.  Common Prescription/OTC program components include the following:
¨ Safety-sensitive employees are required to enter into a dialogue with their prescribing physician regarding the side effects of prescription or OTC medications and to inquire into alternative treatment options.
¨ Safety-sensitive employees are often required to report prescription/OTCs to the transit system medical department or MRO for review.  In the event, the transit system does not have medical staff, transit systems commonly require their employees to obtain a release to work statement from their prescribing physician.
¨ Individuals taking prescription/OTC medication that may jeopardize their ability to safely perform their safety-sensitive job function are medically disqualified for as long as they are taking the medication.
¨ The risk associated with the use of Prescription/OTCs is included in employee training programs and a list of potential problem drugs is provided to increase employee awareness.