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This Week Online at www.DATIA.org

March 10, 2005

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Research and Special Programs Administration Has a New Name

The Research and Special Programs Administration's (RSPA) name has officially been changed to the Pipeline and Hazardous Materials Safety Administration (PHMSA), effective March 8, 2005. This new name should be used for all references to 49 CFR parts 190 through 199.

Click here to view the final rule issued by the Department of Transportation on March 8, 2005. You will notice that the final rule updates changes to mailing addresses, docket procedures, titles,
section numbers, penalty considerations and cap adjustments, terminology, and other changes conforming part 190 with the Pipeline
Safety Improvement Act of 2002.

DATIA will send an update of this change to all Red Book update subscribers in this month's Red Book update.

Free Student Drug Testing Summits Sponsored by The Office of National Drug Control Policy

The Office of National Drug Control Policy (ONDCP) will sponsor four regional summits on student drug testing. Each summit will present information on the legal challenges of a drug testing program; policy development; the importance of a student assistance program; and various drug testing methods.

Summits will be held in Dallas, Texas (Mid South) on April 19, 2005; St. Louis, Missouri (Mid Central) on April 26, 2005; Pittsburgh, Pennsylvania (Northeast) on May 5, 2005; and Portland Oregon (Western) on May 11, 2005. Schools that have implemented random, non-punitive, student drug testing programs are finding them to be effective in deterring drug use.

To register and obtain additional information, visit http://www.cmpinc.net/dts.

FTA Federal Random Testing Rates are Announced for 2005

On March 9, 2005, the Federal Transit Administration announced that the random testing rates for 2005 will remain the same. Click here to view the full announcement.

Question & Answer From DATIA's Forum:

Question: One of my collectors recently used a non-Federal form for a DOT test. We corrected the problem by sending an affidavit to the lab. Will this test be cancelled, because of this error?

Answer: The inadvertent use of a non-Federal form for a DOT test is prohibited according the regulations, however, this is not a fatal flaw.

Section 40.205 (2) of the 49 CFR Part 40 states, that " If the problem is the use of a non-Federal form or an expired Federal form, you must provide a signed statement (i.e., a memorandum for the record). It must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control. The statement must also list the steps you have taken to prevent future use of non-Federal forms or expired Federal forms for DOT tests. For this flaw to be corrected, the test of the specimen must have occured at a HHS-certified laboratory where it was tested consistent with the requirements of this part. You must supply this information on the same business day on which you are notified of the problem, trnasmitting it by fax or Courier."

Mark Your Calendar