FTA Drug and Alcohol Regulation Updates
Issue 17, page 7

• Laboratories are required to comply with HHS guidelines concerning accessioning and processing specimens. Laboratories will be required to follow HHS guidelines for validity testing upon their publication or by August 1, 2001 whichever is later (See explanation provided in article on Part 40 amendments, Page 4).
• Laboratories are required to retain a specimen for five working days while waiting for the correction of a correctable flaw. Primary and split specimens must be stored for at least one year.
• Employers or C/TPAs with an aggregate of less than 2000 DOT-covered employees are no longer required to submit blind specimens to a laboratory. Employers or C/TPAs with an aggregate of 2000 or more DOT Covered employees must send a number of blind specimens equivalent to one percent of the total specimens sent to a laboratory up to a maximum of 50 blind specimens in each quarter. The blind specimens submissions must be spread throughout the year. Approximately 75% must be drug-free, 15% must be positive for one or more drugs and 10% must be either adulterated or substituted.
• Laboratories must submit an aggregate statistical summary to each employer on a semi-annual basis. These reports replace the quarterly statistical summaries previously required.

• MROs must be knowledgeable about and have clinical experience in substances abuse disorders including knowledge of alternative medical explanations for laboratory test results. MROs must be knowledgeable about issues related to adulterated and substituted specimens, and must be knowledgeable about Part 40, DOT agency regulations, and the DOT MRO Guidelines.
• MROs are required to take a formal training course and are required to pass an examination administered by a nationally recognized MRO professional certification board. The initial qualification training for existing MROs must be completed by January 31, 2003. Individuals that become MROs after August 1, 2001 must meet the qualification training requirement before MRO functions can be performed.
• MROs are required to complete twelve professional development hours of training relevant to MRO functions every three years.

• Split specimen requests do not need to be in writing.
• Employers must not condition split specimen tests on the employee’s direct payment to the MRO or laboratory or the employee’s agreement to reimburse the employer for the cost of the testing. The employer, however, may seek payment or reimbursement of the cost from the employee.

• BAT/STTs are required to undergo qualification training, demonstrate proficiency on equipment operation, complete refresher training every five years and complete error correction training following cancelled tests.
• Alcohol tests are limited to an initial attempt and two more re-attempts.
• Tests must be performed without undue delay.

• SAPs must have basic knowledge about the SAP functions as they relate to employer interests in safety-sensitive duties.
• SAPs must receive qualification training and satisfactorily complete an examination by a nationally recognized professional organization by December 31, 2003. SAPs must complete 12 hours of continuing education every three years.

Q & A

Q:

Can an SAP base recommended treatment on a statement from the employee that a positive marijuana test was only the result of using hemp products?
A:

No. The SAP is prohibited from taking statements of the use of hemp related products into consideration when determining recommended treatment from an employee who tests positive for marijuana, (Part 40.293 (f) (2)).