Drug and Alcohol Testing News

Courtesy DATIA

It's been a busy few days for the drug and alcohol testing industry.Following are three pieces of recent news concerning the drug and alcohol testing industry.

U.S. Court of Appeals Upholds DOT Regulations On Friday, May 15, 2009 the U.S. Court of Appeals upheld the DOT's regulatory requirement to require direct observation collections for all follow-up and return-to-duty testing. The regulation was originally published in June 2008 and was scheduled to go into effect on August 25, 2008. The DOT delayed implementation of this provision on August 22, 2008, however, pending the U.S. Court of Appeals' decision. DATIA has contacted the DOT regarding the new effective date of this provision and will keep members informed. Full text of the Court's decision can be viewed at http://pacer.cadc.uscourts.gov/docs/common/opinions/200905/08-1264-1181010.pdf
FAA Combines Drug and Alcohol Testing Regulations On May 14, 2009, the Federal Aviation Administration (FAA) issued a final rule that combines its drug and alcohol testing regulations. This rule is effective July 13, 2009. The final rule combines all the current FAA drug and alcohol testing requirements (14 CFR part 121, including appendices I and J, parts 135, 61, 63, and 65, as well as, part 91) into a single part ­14 CFR Part 120. Since the FAA is working on a major revision to its drug and alcohol testing regulations, it felt it was best to pull the existing regulations together in one place in the interim. The FAA believes this will clarify the current requirements for testing, and simplify locating specific provisions and changes to those provisions for those individuals and entities with drug and alcohol testing programs. The complete new regulations can be viewed at http://edocket.access.gpo.gov/2009/pdf/E9-11289.pdf
June 2 & 3, 2009 Drug Testing Advisory Board Meeting Announced SAMHSA announced that its next DTAB meeting will be held June 2 & 3, 2009 in Washington, DC. DATIA will have representatives present and encourages members to attend as well. The meeting is open to the public and will include discussion of the Mandatory Guidelines for Federal Workplace Drug Testing Programs, including implementation of the revised Mandatory Guidelines; Federal drug testing updates from the Department of Transportation, the Department of Defense, and the Nuclear Regulatory Commission; review of significant changes in the revised Mandatory Guidelines; and presentations on immunoassay kit issues, proficiency testing practice sets and rounds, instrumented initial test facilities, urine collector/collection site procedures, and Medical Review Officer training and certification. There will also be updates on a revised Federal custody and control form and expanded confirmatory drug test technologies.