National Perspective
DHHS Proposed Rules
Taken from FTA Drug and Alcohol Regulation Updates, Spring 2004
On May 13, 2004, the DOT Office of the Secretary, issued an informational notice in the Federal Register (Vol. 69, No. 93, page 26641) to notify individuals interested in the DOT drug testing program that the DHHS was proposing important new drug testing procedures. The DHHS proposal was published in the Federal Register (Vol. 69, No, 71, pages 19673-19732) on April 13, 2004.
The proposed revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Guidelines) include scientific and technical guidelines for alternative drug testing methods including hair, sweat, and oral fluid specimens in addition to urine specimens; scientific and technical guidelines for using on-site tests to test urine and oral fluid at the collection site; requirements for the certification of instrumented initial test facilities; and added standards for collectors, on-site testers and medical review officers.
Even though the Guidelines do not apply to DOT-regulated entities directly, DOT-covered employers, employees, and service agents involved in the DOT testing program should be aware of the DHHS notice since the DHHS and DOT drug testing procedures have a statutorily recognized relationship established in the Omnibus Transportation Employee Testing Act of 1991 and the Guidelines have historically served as the basis for the DOT testing procedures defined in 49 CFR Part 40.
Hair testing increases the time period over which drug use can be detected, is easily collected, transported, and stored, and is more difficult to adulterate than urine. The proposed revisions will allow testing hair (1.5 inches long) representing a 90-day sample for pre-employment, random, return-to-duty, or follow-up testing. This method would not be applicable for post-accident.
Oral fluid testing (saliva) is readily available, less invasive and more easily observed than urine specimen collection. Drugs can also be detected in oral fluids within one hour of use. However, current procedures cannot distinguish between actual uses of marijuana and second hand smoke. Thus, a urine specimen test must also be conducted anytime an oral fluid specimen test is positive for marijuana. Oral fluid testing is best suited for pre-employment, reasonable suspicion and post-accident testing.
Sweat testing is conducted by collecting perspiration on sweat wipes or a sweat patch. Sweat collection is a non-invasive procedure, but can result in a rash or skin irritation. Drug use can be detected for as long as the patch remains on the skin. Sweat testing is best used for return-to-duty and follow-up testing, but is not suited for pre-employment, random, reasonable suspicion or post-accident testing.
Stay tuned for more information as it is made available, also you may go to their web page at: http://transit-safety.volpe.dot.gov/Safety/DATesting/Newsletters/issue27/html/pg3.htm
Federal Transit Administration Launches Nationwide Transit Safety and Security Awareness Program
FTA Administrator Jennifer Dorn announced a new nationwide safety and security awareness program designed to encourage the active participation of transit passengers and employees in maintaining a safe transit environment.
"Safety and security are top priorities of the Bush Administration and Secretary Mineta," said Administrator Dorn.
The Transit Watch campaign was developed in collaboration with industry partners, including the American Public Transportation Association (APTA), the Community Transportation Association of America (CTAA), the Amalgamated Transit Union (ATU), and the Transportation Security Administration (TSA).
Transit Watch was designed for easy and low-cost implementation. The Transit Watch Toolkit containing a downloadable CD with the campaign logo and tag line, a brochure, signage and poster slicks, a template press release and fact sheet and a one-page guide entitled "5 Easy Steps to Launching Transit Watch" is available at no-charge. It is critically important that all transit agency employees know what to do, if and when passengers bring safety and security concerns to their attention.
To view the complete article, please go to http://transit-safety.volpe.dot.gov/security/TransitWatch/
To download the Transit Watch brochure please go to www.dakotatransit.org and click on the transit watch logo.
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