U.S. Department of Transportation

2. RELATIONSHIPS Department of Transportation (DOT) Through OST and its Agencies, regulates the drug and alcohol testing of 11 million employees working for 676,000 employers Provides regulations and guidelines Department of Health and Human Services / SAHMSA Provides Guidelines for drug testing of Federal employees Certifies labs Department of Homeland Security/USCG uses DOT Part 40 regs with RTW changes Nuclear Regulatory Commission uses its version of the HHS (and now also DOT) regs. New reg coming soon.

4. 49 CFR Part 40 Definitions Employer Responsibilities Collection Process Lab Process MRO Roles & Responsibilities Alcohol Testing SAP & RTD Process Service Agent Responsibilities Confidentiality of Information Service Agents Public Interest Exclusions

7. The DOT Website Access to Almost Everything You Wanted to Know About Part 40 AND Links to All of the DOT Agency Regulations and Contacts Sign up For Automated Email Notifications and “ODAPC Dispatches” (Articles of Interest and Guidance) www.dot.gov/ost/dapc

10. I. Current Status of Specimen Validity Testing HHS Requirements in Place 2004 DOT NPRM Closed 12/05 -- Authorized Not Mandatory Most Labs Doing Minimum (Creat, SG, pH) -- Few Labs Doing Adulterants -- Equipment Cost v. Demand No Date on DOT Final Rule (By Summer?)

11. II. Current Status of Alternative Specimens HHS Proposed Guidelines Covered: -- Alternative Specimens -- POCT Testing -- IITFs, Other Drugs (MDMA) -- 18 Month Lead Time

12. B. Withdrawn From OMB Review 6/06 C. No Estimate On When HHS Will Reintroduce and in What Form

13. III. CDL Drivers FMCSA Regulations at 49 CFR part 382 If it Effects Your Driver, Rules and Procedures Not Optional Pre-Employment, Random, Post-Accident, Reasonable Cause May Not Amend or Change Required Procedures Guidance Available From FMCSA

14. Five States Require CDL Employers to Report Drug Positives to States -- CA, OR, WA, TX, NC -- Current FMCSA, FTA, DOT Regulations Would Appear to Prohibit These Blanket Reports -- FMCSA, FTA, DOT Considering Regulation Change (NPRM, Final Rule)

15. IV. Miscellaneous Other Topics HHS and DOT Require Labs to Call MROs on Some Invalids -- MRO Should Call if Lab Doesn’t B. State Medical MJ Laws are NEVER Acceptable for Federal Test Medical Explanations on Positives (HHS, DOT)

16. “Shy Bladder” -- Clock Starts at First Attempt -- Medical Explanation Must Meet Regulatory Threshold -- -- Physical -- -- Psychiatric/Psychological -- MRO Makes Call

17. Internet/Web Pharmacies -- DOT has Q&A Since July 06 -- No Doctor-Patient Relationship When Internet Doctor Prescribes E. What Else?????

18. Office of Drug & Alcohol Policy & Compliance

19. George Ellis Senior Policy Advisor Office of Drug & Alcohol Policy & Compliance Office of the Secretary US Department of Transportation 400 Seventh Street, SW Washington, DC 20590 202-366-DRUG (3784) Fax: 202-366-3897 George. Ellis@dot.gov