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DATIA Attends DOT Federal Advisory Committee Meeting
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On September 22 and 23, 2003, DATIA attended and participated in the Department of Transportation’s (DOT) Federal Advisory Committee Meeting on Electronic Transmission and Storage of Drug Testing Information. Of the committee members present, nearly 80% were DATIA members, and while the meeting was open to the public, DATIA was the only industry representative present for the duration of the meeting. The meeting proved very interesting as there are numerous issues to deal with to ensure the confidentiality and security of drug and alcohol testing results. The ability to electronically transmit and store results data will be a great benefit to both employers and service agents, however, the integrity and security of the data must not be compromised. Comments and discussion from the meeting will enable the Committee members to further develop recommendations and guidelines that will ultimately be released by the DOT in a Notice of Proposed Rulemaking. DATIA encourages its members to view the Committee reports discussed at the meeting and to submit any comments to the DOT.
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Question & Answer: Excerpts from the DATIA Forum
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Question: A collector used a Breath Alcohol Testing Form that is like a DOT except it does not say U.S. Department of Tranportation (DOT) at the top. This collection was for a DOT random selection and the result was negative. The form was filled out correctly and we attach a printout of the result. Will this be ok to accept for DOT? The customer is concerned about an audit and her consortium stats.
Answer: §40.227 (b) states "If the STT or BAT....uses a non-DOT form for a DOT test, the use of a non-DOT form does not, in and of itself, require the employer or service agent to cancel the test. However, in order for the test to be considered valid, a signed statement must be obtained from the STT or BAT in accordance with §40.271 (b)."
§40.271 (b) (2) states " If the problem is the use of a non-DOT form, you must, as the person responsible for the use of the incorrect form, certify in writing that the incorrect form contains all the information needed for a valid DOT alcohol test. You must also provide a signed statement that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control, and the steps you have taken to prevent future use of non-DOT forms for DOT tests. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier."
Read more Q & A's from the DATIA Forum, or post your own question.
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Mark Your Calendar
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If You’ve Missed Out on One of DATIA’s Successful Workshops or Conferences – Don’t Miss Out on the Next Best Thing
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County Worker Allegedly Sells Clean Urine To Drug Users
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