November 14, 2002
Mr. Kenneth Edgell
Acting Director
Office of Drug and Alcohol Policy and Compliance
U.S. Dept. of Transportation
400 Seventh St., S.W.
Washington, DC 20590
Dear Ken:
I am writing to follow up on my earlier emails concerning the situation service providers have been facing in regards to laws enacted in California and Washington. As you are aware, these laws require service providers to report positive drug and alcohol test results to the state licensing agencies.
Service providers have indicated that confusion exists on how to comply with both the state laws and the federal Department of Transportation drug and alcohol testing regulations. In the May/June MRO Practice, you are quoted as saying that the agency plans to address the issue in a Q&A on the Office of Drug and Alcohol Policy and Compliance website, however, none has yet to be published.
DATIA would like to formally request that such a Q&A be issued in a timely manner so that service providers can comply with all applicable laws and regulations. Many fear that they will be found out of compliance without guidance from DOT, and therefore possibly subject to the newly created Public Interest Exclusion. Your cooperation in providing this information to the service providers and employers covered by the DOT regulations is greatly appreciated. Should you have any questions, I can be reached at 800-355-1257 ext. 41 or lshelton@wpa.org.
Sincerely,
Laura E. Shelton
Executive Director
CC: Norman Mineta, U.S. Secretary of Transportation
Michael P. Jackson, U.S. Deputy Secretary of Transportation