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DEPARTMENT OF TRANSPORTATION
Office of the Secretary 49 CFR Part 40
Docket No. OST-2003-15245
RIN 2105-AD55
Procedures for Transportation Workplace Drug and Alcohol Testing
Programs
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
SUMMARY: The Department of Transportation is amending certain provisions of its drug and alcohol testing procedures to change instructions to collectors, laboratories, medical review officers, and employers regarding adulterated, substituted, diluted, and invalid urine specimen results. These changes are intended to create consistency with specimen validity requirements established by the U.S.
Department of Health and Human Services and to clarify and integrate some measures taken in two of our own Interim Final Rules. This Final
Rule makes specimen validity testing mandatory within the regulated transportation industries.
DATES: This rule is effective August 25, 2008.
FOR FURTHER INFORMATION CONTACT: Jim L. Swart, Acting Director (S-1),
U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone number (202) 366-3784 (voice), (202) 366-3897 (fax), or jim.swart@dot.gov (e-mail).
SUPPLEMENTARY INFORMATION:
Background
The Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. 31300, et seq., 49 U.S.C. 20100, et seq., 49 U.S.C. 5330, et seq., and 49 U.S.C. 45100, et seq. (the Omnibus Act), requires the U.S.
Department of Transportation (DOT) to use the laboratories certified by, and testing procedures of, the U.S. Department of Health and Human
Services (HHS) to ensure ``the complete reliability and accuracy of controlled substances tests.'' Since Congress specifically limited the scientific testing methodology upon which the DOT can rely in making its drug and alcohol testing regulations, we follow the HHS scientific and technical guidelines, including the amendments to their Mandatory
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