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Clarifications |
FTA
Drug and Alcohol Regulation Updates |
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SAMHSA Considering Alternative Testing On January 15, 2004, the Associated Press published an article stating that the federal government is planning to incorporate alternative testing methods (i.e., hair, saliva and sweat) into its employee drug testing program. The Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the Department of Health and Human Services, is planning to publish a formal Notice of Proposed Rulemaking (NPRM) very shortly. The proposed rule will cover all federal safety-sensitive workers eligible to be tested. This would not include any DOT/FTA covered employees. However, SAMHSA standards are followed by the DOT and therefore, may have implications for DOT/FTA employers in the future.
The proposed changes promise to provide more precise drug screening and to
make it more difficult for individuals who try to beat urine drug tests.
The program that covers 1.6 million federal employees may be go into
effect within one year. Should these same changes be considered by DOT, a
rulemaking process will be undertaken with ample opportunity for comment.
Thus, DOT/FTA covered employers should be aware of these activities, but
not expect any changes in the near future. In several recent instances, FTA has been made aware
that in an effort to save time, BATs transfer the employee to a urine
collector to conduct the urine specimen during this wait time. Even though
not explicitly prohibited, this procedure is clearly not consistent with
the intent of the regulation. First, the employee cannot be under the
direct observation of the BAT as required by §40.251(a)(1)(iii) while in
the privacy enclosure for the drug test. Additionally, §40.223(a)(2)
states that the entire screening and confirmation process must be
completed on one employee before starting the screening process on another
employee. The implication is that one test should be completed from
beginning to end before another test is initiated. Consistently, the rule
emphasizes that the integrity of the testing process is not to be
compromised. Therefore, BATs should complete each alcohol test in its
entirety prior to beginning the urine specimen collection process. FTA has now clarified this interpretation to distinguish between drug and alcohol testing. The three hour timeframe is only for drug testing (NYCMTA letter of Interpretation 8/18/03). Alcohol tests are to be scheduled no later than one/half hour before the shift ends for those individuals who provide advance, verifiable notice of scheduled commitments. This interpretation does not require employers to make these end of shift provisions, but does define the timeframes that an employer must follow should it choose to incorporate them. |
Where To Find?..... FTA Drug & Alcohol
Discussion Forum: Drug and Alcohol Audit Questions |