Learn About New Products and Technology at DATIA's 2002 Annual Conference Exhibition Area
DATIA's 2002 Annual Conference to be held May 2-5, 2002 in San Antonio, TX will feature a vast array of exhibitors including Substance Abuse Professional networks and blind specimen suppliers, and cutting edge technology such as on-site drug test kits, saliva drug and alcohol test kits, program management software, breath alcohol testing equipment, and much more. View this year's sponsors and exhibitors.

DATIA Requests Members’ Help in Preparing for School Drug Testing Case in Supreme Court
DATIA, in preparation for the upcoming Supreme Court case on student drug testing, desperately needs your assistance in gathering data. As we have discussed previously, this case will have serious implications concerning student drug testing depending on its outcome. It is expected that the Supreme Court will inquire as to how many schools are currently conducting student drug testing. Due to the importance of this issue to the industry, we are turning to our members to assist us. Please take a moment to take DATIA’s survey. We thank you in advance for your time on this important issue and will release the results of this survey and the Supreme Court case to you later this month.

FAA Proposes to Change Drug & Alcohol Testing Regulations
After a number of years of experience inspecting the aviation industry's Antidrug and Alcohol Misuse Prevention Programs, the Federal Aviation Administration (FAA) is proposing to clarify regulatory language, increase consistency between the antidrug and alcohol misuse prevention program regulations where possible, and revise regulatory provisions as appropriate. Specifically, the FAA proposes to change the antidrug plan and alcohol misuse prevention certification statement submission requirements for employers and contractors. The FAA also proposes to revise the timing of pre-employment testing and to modify the reasonable cause and reasonable suspicion testing requirements. The FAA believes that changing the regulations would improve safety and lessen a burden on the regulated public. Comments are due on or before May 29, 2002. Read the Federal Register announcement in HTML or PDF.

Question and Answer
Q: How is a DOT test documented when the collector placed their own initials on the security seals? The test has not been sent to the lab as of yet. Do we have the MRO cancel it now or send it on for analysis?

A: An error such as this should be corrected before the donor leaves the site (Fill out a new CCF and use the seals from the new CCF to seal the specimen bottle, placing them perpendicular to the original seals with the incorrect initials. Then have the donor initial and date the new seals. All of this must be documented in the remarks section.)

Since this was not done, the requirements of CFR 49 Part §40.205 (a) must be followed and the collector must attempt to correct the error. With that said, the collector should first determine if having the donor return for a replacement collection is possible. If this is not possible, even though there was an error in the collection process, it is important to complete the drug testing process according to the regulations. The specimen should be sent for testing and should be accompanied by a Memorandum for Record detailing the situation. This is not a fatal flaw as identified by Part 40, and may not result in a cancelled test according to §40.209. This decision, however, will be determined by the Medical Review Officer.

§40.205 How are drug test problems corrected?
(a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee.
(1) If, during or shortly after the collection process, you become aware of any event that prevents the completion of a valid test or collection (e.g., a procedural or paperwork error), you must try to correct the problem promptly, if doing so is practicable. You may conduct another collection as part of this effort.
(2) If another collection is necessary, you must begin the new collection procedure as soon as possible, using a new CCF and a new collection kit.

§40.209 What procedural problems do not result in the cancellation of a test and do not require correction?
(a) As a collector, laboratory, MRO, employer or other person administering the drug testing process, you must document any errors in the testing process of which you become aware, even if they are not considered problems that will cause a test to be cancelled as listed in this subpart. Decisions about the ultimate impact of these errors will be determined by other administrative or legal proceedings, subject to the limitations of paragraph (b) of this section.
(b) No person concerned with the testing process may declare a test cancelled based on an error that does not have a significant adverse effect on the right of the employee to have a fair and accurate test. Read the full answer.

Read other DATIA questions and answers.

MARK YOUR CALENDAR:
DATIA’s 2002 Training Sessions announced! All 2001 courses were sold out, and the 2002 courses are filling up fast. Don’t miss your chance to receive this much-needed training in 2002. http://www.datia.org/education/educationmainpage.htm