In This Issue

New Department of Health and Human Services (HHS) Drug Testing Procedures

The Department of Transportation (DOT) is issuing a notice to call to the attention of employers, employees, testing service agents, and other interested persons in its transportation industry drug testing program a notice proposing important new Department of Health and Human Services (HHS) drug testing procedures. Because of the close relationship between HHS and DOT drug testing procedures, participants in the DOT transportation industry drug testing program should be aware of important issues that HHS is considering, which may later affect the DOT testing program. HHS is considering comments on its proposal through July 12, 2004.

The Department of Health and Human Services (HHS) has issued an important notice proposing to revise its Mandatory Guidelines for Federal Workplace Drug Testing programs [ 69 FR 19673 ; April 13, 2004]. Interested persons may access the HHS document on the Internet at the following URL: a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-7984.pdf. In their summary of the document HHS states, “The Department of Health and Human Services is proposing to establish scientific and technical guidelines for the testing of hair, sweat, and oral fluid specimens in addition to urine specimens; scientific and technical guidelines for using on-site tests to test urine and oral fluid at the collection site; requirements for the certification of instrumented initial test facilities; and added standards for collectors, on-site testers, and medical review officers.” This HHS proposal does not propose to amend the drug testing requirements and procedures that apply to the Department of Transportation drug testing program for DOT-regulated industries ( 49 CFR Part 40 ).

The HHS informational contact on this rulemaking is Walter F. Vogl, Ph.D., Drug Testing Section, Division of Workplace Programs, CSAP, 5600 Fishers Lane, Rockwall II, Suite 815, Rockville, Maryland 20857, (301) 443-6014 (voice), (301) 443-3031 (fax), wvogl@samhsa.gov (e-mail). The DOT contacts on drug testing procedure issues are Jim Swart, Acting Director, Office of Drug and Alcohol Policy Compliance, 400 7th Street, SW., Washington DC 20590, phone (202) 366-3784; e-mail jim.swart@ost.dot.gov; and Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, same address, phone (202) 366-9310; e-mail bob.ashby@ost.dot.gov.