1. U.S. Department of Transportation DOT Drug & Alcohol Testing Update Update Department of Interior Meeting Miami, Florida March 2007

2. RELATIONSHIPS Department of Transportation (DOT) Through OST and its Agencies, regulates the drug and alcohol testing of 11 million employees working for 676,000 employers Through OST and its Agencies, regulates the drug and alcohol testing of 11 million employees working for 676,000 employers Provides regulations and guidelines Provides regulations and guidelines Department of Health and Human Services / SAHMSA Provides Guidelines for drug testing of Federal employees Certifies labs Department of Homeland Security/USCG uses DOT Part 40 regs with RTW changes Nuclear Regulatory Commission uses its version of the HHS (and now also DOT) regs. New reg coming soon.

3. DOT/OST ODAPC. Thru Part 40, establishes who conducts tests, how tests are to be conducted, what RTW procedures to follow HHS/SAMHSA. Certifies labs, id’s drugs/analytes and cutoffs, establishes lab urine testing procedures Each DOT/Agency. Regulates employers, enforces Agncy regs. Thru each reg, establishes w ho is tested, when they are tested DOTAgencies

4. 49 CFR Part 40  Definitions  Employer Responsibilities  Collection Process  Lab Process  MRO Roles & Responsibilities  Alcohol Testing  SAP & RTD Process  Service Agent Responsibilities  Confidentiality of Information  Service Agents  Public Interest Exclusions

5. 46 CFR Part 4, 16 49 CFR Part 655 49 CFR Part 382 49 CFR Part 219 49 CFR Part 199 14 CFR Part 121 49 CFR Part 40 Appendix I & J

6. PHMSA (was RSPA) employers 2,450 employees 190,000USCG employers 13,000 employees 135,000FRA employers 650 employees 97,000FTA employers 3,135 employees 261,000 FMCSA employers 650,000 employees 10,000,000 FAA employers 6,900 employees 419,000

7. The DOT Website Access to Almost Everything You Wanted to Know About Part 40 AND Links to All of the DOT Agency Regulations and Contacts Sign up For Automated Email Notifications and “ODAPC Dispatches” (Articles of Interest and Guidance) www.dot.gov/ost/dapc www.dot.gov/ost/dapc

9. Recent Issues & Issues on the Horizon

10. I. Current Status of Specimen Validity Testing A.HHS Requirements in Place 2004 B.DOT NPRM Closed 12/05 -- Authorized Not Mandatory -- Authorized Not Mandatory C.Most Labs Doing Minimum (Creat, SG, pH) -- Few Labs Doing Adulterants -- Equipment Cost v. Demand D.No Date on DOT Final Rule (By Summer?)

11. II. Current Status of Alternative Specimens A.HHS Proposed Guidelines Covered: -- Alternative Specimens -- POCT Testing -- IITFs, Other Drugs (MDMA) -- 18 Month Lead Time

12. B. Withdrawn From OMB Review 6/06 C. No Estimate On When HHS Will Reintroduce and in What Form

13. III. CDL Drivers A.FMCSA Regulations at 49 CFR part 382 B.If it Effects Your Driver, Rules and Procedures Not Optional C.Pre-Employment, Random, Post- Accident, Reasonable Cause D.May Not Amend or Change Required Procedures E.Guidance Available From FMCSA

14. F.Five States Require CDL Employers to Report Drug Positives to States -- CA, OR, WA, TX, NC -- Current FMCSA, FTA, DOT Regulations Would Appear to Prohibit These Blanket Reports -- FMCSA, FTA, DOT Considering Regulation Change (NPRM, Final Rule)

15. IV. Miscellaneous Other Topics A.HHS and DOT Require Labs to Call MROs on Some Invalids -- MRO Should Call if Lab Doesn’t B. State Medical MJ Laws are NEVER Acceptable for Federal Test Medical Explanations on Positives (HHS, DOT)

16. C.“Shy Bladder” -- Clock Starts at First Attempt -- Medical Explanation Must Meet Regulatory Threshold -- -- Physical -- -- Psychiatric/Psychological -- MRO Makes Call

17. D.Internet/Web Pharmacies -- DOT has Q&A Since July 06 -- No Doctor-Patient Relationship When Internet Doctor Prescribes E. What Else?????

18. Office of Drug & Alcohol Policy & Compliance Jim Swart Deputy Director Mark Snider Senior Policy Advisor Bohdan Baczara Policy Advisor George Ellis Senior Policy Advisor Vicki Bellet Maria Lofton Administrative Jim Swart, Acting Director Bob Ashby Office of General Counsel

19. George Ellis Senior Policy Advisor Office of Drug & Alcohol Policy & Compliance Office of the Secretary US Department of Transportation 400 Seventh Street, SW Washington, DC 20590 202-366-DRUG (3784) Fax: 202-366-3897 George. Ellis@dot.gov Office of Drug & Alcohol Policy & Compliance