New DOT Testing

New Department of Transportation (DOT) drug and alcohol testing requirements will become effective on August 25, 2008. The changes to the testing requirements are designed to make it more difficult for transportation workers to cheat on their required drug tests by requiring labs to test every urine specimen for possible adulterants and urine substitutes.
 
While a majority of the new regulations address the responsibilities of medical review officers, employers in the transportation industry should be aware of the following new requirements:

1. All tests made on transportation workers returning to work after a previous test failure requires the collection to be made under direct observation of a medical review officer.
2. Observation will include checking employees for items designed specifically to defraud the test.
3. Medical review officers will be required to test every urine specimen for signs of adulterants or urine substitutes, and will no longer have the option to.
4. An expanded definition of "refusal to test" has been outlined to include the following: (a) admitting to the collector or medical review officer that the specimen was adulterated or substituted; (b) possessing or wearing a prosthetic or other device that could be used to interfere with the collection process; and (c) in the case of a drug test collected under direct observation, failing to permit monitoring as well as failing to follow the observer's instructions.

The DOT regulates drug and alcohol testing of transportation employees with safety sensitive positions in the aviation, railroad, transit, pipeline, maritime, and motor carrier industries.