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voice of the school bus industry for a safer road ahead
The
New York School Bus Contractors Association, the "voice of the industry",
represents over two hundred bus companies, operating over 22,000 school vehicles
in New York State and transporting over two million children each day, for a total
of 100 million miles yearly. |
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Published in the June 25th Federal Register is a Department of Transportation
Final Rule:
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
In summary:
- This Final Rule
makes it mandatory for laboratories to test all DOT specimens for specimen
validity (i.e., adulterants and urine substitutes) and for laboratories
to follow all Department of Health and Human Resources (HHS) protocols
for doing so.
- Observed collections
will afford less privacy in order to guard against employee use of items
designed specifically to beat the testing process.
a. Directly observed collections will continue to occur only when there
is a specific reason to believe that an employee may be attempting,
or have sufficient reason, to evade the testing process.

b. Items such as prosthetic devices designed to carry clean urine will
be checked for by observers with both male and female donors. The observer
will have the employee raise and lower clothing, and then put it back
into place for the observed collection.

c. Observed collections will now be required, rather than optional,
for all return-to-duty and follow-up drug testing.
- In an effort to
thwart those who would manufacturer products designed to adulterate
specimens, the Final Rule will no longer have easy-to-follow tables
and charts outlining the adulterants for which laboratories are testing
and the scientific cutoff levels at which laboratories are testing them.
- Definitions in
the Final Rule have been changed to harmonize with the HHS.
- During an invalid
result Medical Review Officer (MRO) review, an employee admission of
adulterating or substituting a specimen is now a refusal to test.
- Pursuant to MRO
requests, the Final Rule will close the potentially endless loop on
invalid specimen results; and employees requiring negative results [for
example, pre-employment tests], when they have medical reasons for providing
invalid results, will be able to obtain them through medical evaluations
to rule out signs and symptoms of drug use.
- The Final Rule
will also streamline and simplify the potential myriad of complicated
laboratory-confirmed and MRO-verified drug test results.
- The Final Rule
requires drug testing laboratories to report to DOT semi-annual statistical
summaries on all of their DOT testing.
- The Final Rule
effective date is August 25, 2008.
To
view or download the Final Rule, please click
here 
©
2008 New York School Bus Contractors Association
PO Box 755 ~ Latham, NY 12110 ~ Phone: (877) 699-7222 ~Fax: (518) 220-9906
E-Mail info@nysbca.com
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