| LAWS
AND FEDERAL REGULATIONS
* not updated past the 2001 rules changes *
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HISTORY:
Federally legislated drug testing is a relatively NEW
phenomenon in our history. Drug testing legislation
can be traced back about 15 years -- and was always
"CATASTOPHE DRIVEN." The recent breakthroughs
in legislation are more PRO-ACTIVE with philosophy emphasizing
DETERRANCE and NOT DETECTION! DFW professionals should
be familiar with the "highlights" as follows:
KEY LEGISLATION:
DRUG-FREE-WORKPLACE ACT ...1988 (President Reagan)
Citation: HR-5210-124 Section 5152 (1988)
This act laid the groundwork for the current regulations
(49-CFR-40) for most of the workplace drug-testing regulations
and procedures currently in force.
OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991
(President Bush)
This Act codified as law the previous Department of
Transportation (DOT) regulations (49 CFR Part 40) requiring
drug testing of safety-sensitive employees in the transportation
industry and, among other things, added alcohol to the
list of drugs to be tested for!
[Click here for a well done short summary of these
DOT rules]
http://www.drugs.indiana.edu/druginfo/dotrules.html
COMPLETE FEDERAL DRUG & ALCOHOL REGULATIONS:
http://www.occenvmed.net/dot
[Note: Driver Fitness regulations are also posted at
this site!]
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KEY REGULATIONS:
49 CFR Part 40
Covers the entire domain of safety & fitness for
duty in the transportation industry!
49 CFR Section 382
Covers (in greater detail) the domain of workplace drug
& alcohol testing for D.O.T.!
These regulations are posted at http://www.occenvmed.net/dot
RESULTS OF THIS LEGISLATION:
DRUG TESTING IS NOW A MAJOR INDUSTRY IN THE U.S.A.
40 million (or more) American workers will be tested
for drugs in 1997.WHO MUST COMPLY?
ALL MILITARY AND SAFETY SENSITIVE GOVERNMENT EMPLOYEES
ALL EMPLOYERS IN THE TRANSPORTATION INDUSTRY
ANYONE HAVING GOVERNMENT CONTRACTS OVER $25,000 PER
YEAR.
IMPORTANT EXAMPLES ARE: INDUSTRY: # OF EMPLOYEES: Safety-Sensitive
Employees:
Aviation (FAA) 340,000 Flight crew, Attendants, Instructors,
Dispatchers, Air Traffic Controllers Maintenance, et.
al.
CMV (FWHA) 6,600,000 All CDL holders (Drivers)
Railroad (FRA) 80,000 Hours of Service Act employees,
Engine train & signal services, dispatchers.
Mass Transit (FTA) 200,000 Vehicle operators, controllers,
mechanics, & Armed security personnel
Pipeline (RSPA) 120,000 Operations, maintenance &
Emergency-response personnel
Maritime (USCG) 120,000 Crewmembers operating a commercial
vessel
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WHAT IS REQUIRED FOR DRUG FREE WORKPLACE PROGRAM?
By mandate, each program must include 5 elements:
There are also 5 "agents" in every drug testing
sequence. This mnemonic of "5's" is the inspiration
for our pentagon logo.
By mandate, each program must include 5 elements:
Formal written policy
2 E.A.P. (the transportation industry currently exempt
from this requirement)
Training for supervisors
Employee Education
5 Drug Testing
THE PLAYERS IN THE DRUG TESTING "GAME" ARE
AS FOLLOWS:
Five "every-time" players:
The employer.
The donor.
The specimen collection site.
The laboratory.
The M.R.O.
Two "sometimes" players:
The Substance Abuse Professional (SAP)
The Consortium/T.P.A. (Third Party Administrator)
TESTING MUST BE CARRIED OUT FOR:
5 SUBSTANCES:
Marijuana, Cocaine, Amphetamines, Opiates, PCP.
This battery of 5 substances (or tests) is referred
to collectively as the "NIDA-5" .....and more
recently, as the "SAMHSA-5."
5 SITUATIONS:
Pre-employment, Random, Post-Accident, Probable-Cause,
and Return-to-duty/Follow-up!
Memorize these 5 -- but be aware of "other"
occasions for testing.
ADDITIONAL SUBSTANCES MAY BE TESTED FOR:
FOR POST ACCIDENT, REASONABLE SUSPICION, -- even RTD
or follow-up.
(This is at employer's discretion -- but requires the
following:)
Must be defined in Company DFW Policy!
Employees must be notified via Employee "Drug Policy"
document.
Requires "PARALLEL COLLECTIONS" -- (NOT just
a split specimen; but a SEPARATE urination just for
the additional tests.)
Requires a separate C.O.C. form. [Robert Ashby, Atty
for D.O.T.]
Procedure would be:
A. The usual "standard" split specimen N.I.D.A.-5
collection using the usual C.O.C. form.
B. Before leaving collection site, donor is requested
to void a second specimen which is sent in using a separate
C.O.C. form requesting the additional tests as per the
employer's policy.
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ALCOHOL TESTING IS NOW MANDATED:
(by 1994 ammendments to Part 40)
These are separate regulations (NOT requiring MRO)
[Click here to review the section on alcohol testing.]
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LAB CERTIFICATION (BY DHHS) IS MANDATED:
CURRENTLY OVER 80 CERTIFIED LABS THROUGHOUT U.S.
List is published regularly in the Federal Register.
View recent list of approved labs at
http://www.workplace.samhsa.gov/DrugTesting/Level_1_Pages/CertifiedLabs.aspx
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COLLECTION STANDARDS/PROCEDURES ARE MANDATED:
CHAIN OF CUSTODY PROCEDURE IS MANDATED:
Universal Chain of Custody form became effective January
1995!
[Click here to review the section on collections and
chain of custody]
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M.R.O. FUNCTION IS DEFINED:
[Click here to review definition and rules governing
MRO]
[Click here to review the VERIFICATION process which
is main function of MRO]
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RANDOM TESTING IS MANDATED:
FOR "NIDA-5" DRUGS
DOT adjusts Random Rates annually based on the annual
MIS reports required of employers each March 15. New
rates take effect on January 15. 1998 DOT RANDOM TEST
RATES -- AS OF 1/15/98
Operating Administration % Random Rate for Drugs % Random
Rate for Alcohol
Federal Aviation Administration 25 10
Federal Highway Administration 50 10
Federal Railroad Administration 25 25
Federal Transit Administration 50 10
Research/Special Programs Adm. 50 N/A
U.S. Coast Guard 50 N/A
[Abstracted from MRO Update, September 1998]
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ANNUAL M.I.S. REPORT IS MANDATED:
Must summarize employers drug testing results giving
total number of tests, numbers of positive tests AND
FOR WHICH SUBSTANCE! Because of this reporting requirement,
employers may be told substance for which donor is positive,
BUT EMPLOYER MAY NOT BE GIVEN QUANTITATIVE RESULTS!
Note that the "random rates adjustments"
(see under RANDOM above) will be based ONLY on the industry-wide
results of RANDOM tests. Pre-employment, Post-Accident,
Reasonable-Suspicion, and RTD/Follow-up data will not
be included.
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Quality Control (via BLIND SAMPLES) IS MANDATED:
"BLIND" QC SAMPLES:
DOT regulations require employers to submit three "blind"
samples for every 100 employee samples, up to a maximum
of 100 blinds per quarter. Consortia are also subject
to the 3% rule.
With fewer than 2,000 employees, specimens can be collected
from "presumptive Negative" non covered employees.
Over 2,000, the samples must be from a vendor of certified
negative and positive samples.
"Full service" vendors do all the work: rig
fictitious C.O.C. forms, mail specimens etc.
VENDORS OF "BLIND" QC SAMPLES:
SAMHSA PUBLISHES LIST available by request @ (301) 443-6014
(Dr. Vogel)
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SPLIT SPECIMENS ARE MANDATED:
ALL EMPLOYEES REGULATED BY DOT MUST SUBMIT "SPLIT
SPECIMENS"
Bottle A is property of employer -- Bottle B is property
of donor!
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TRAINING & EDUCATION IS MANDATED:
FOR EMPLOYEES: [382.601 (b)]
[J.J.Keller booklet M4132-0085 assures compliance &
is well written. All DFW Professionals should read!]
Order at http://www.jjkeller.com [ask for free samples!]
Personnel file must contain signed affidavit that employee
has received this training and complied with 382.601.
[Click here to see a suggested sample]
FOR SUPERVISORS: [382.603]
One hour annual training on drug abuse PLUS one hour
annually on alcohol!
2 excellent videos which comply w/ this reg can also
be ordered at JJ Keller @ above address
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PHILOSOPHY BEHIND THE WHOLE DFW PROGRAM:
The entire thrust and philosophy is DETERRENCE and
NOT DETECTION!
No matter who pays us, the primary role of the physician
is that of ADVOCATE for the donor and for the integrity
of the total system The employee always gets the benefit
of the doubt and the benefit of the MRO's advocacy.
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TWO TYPES OF TESTING:
"REGULATED:"
This refers to employers in the transportation industry
and other industries under D.O.T. jurisdiction, Safety
sensitive Federal employees, and employers with Federal
contracts of over $25K/yr. They are regulated strictly
by the details of 49-CFR-Part 40 and 49-CFR-Section
382.
"NON REGULATED:"
This refers to private sector employers who are not
required by law to have a DWF program; but who decide
to do so volunatarily. The term "unregulated"
also carrries the meaning that an MRO is not required
and that the employer is not subject to inspection by
any federal agency. It is felt prudent for unregulated
employees to use MRO service even though not mandated.
Use of MRO's by non regulated Employers rose from 48%
in 1994 to 76% in 1995.
[MRO UPDATE: June, 1996]
REGULATED AND NON-REGULATED PROGRAMS ARE BOTH SUPPORTED
BY N.I.D.A./S.A.M.H.S.A. Including the "hot line.
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FEDERAL AGENCIES PROMINENT IN THE DRUG FREE WORKPLACE
SYSTEM:
[This set of "browsing" links is presented
only for the sake of completeness. It is not recommended
as a good set of links for a DFW professional to use
for study or updating. The best system of links for
learning and reviewing the DFW business is the DFW homepage
and its reticular system of links within the text itself.]
DHHS - Department of Health and Human Services
SAMHSA - substance Abuse and Mental Health Services
Administration
NLCP - National Laboratory Certification Program
NIH - National Institutes of Health
NIDA - National Institute on Drug Abuse
DOD - Department of Defense
DOE - Department of Energy
DOT - Department of Transportation
FAA - Federal Aviation Administration
FHWA - Federal Highway Administration
FRA - Federal Railroad Administration
RSPA - Research and Special Programs Administration
(Pipelines)
FTA - Federal Transit Administraton (mass transit)
NHTSA - National Highway Traffic Safety Administration
USCG - U.S. Coast Guard
OTHER ABBREVIATIONS
NRC - Nuclear Regulatory Commission
MRO - Medical Review Officer
BAT - Breath Alcohol Technician
SST - Saliva Screening Technician
SAP - Substance Abuse Professional
BAT - Breath Alcohol Technician
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