Pubdate: Fri, 15 Dec 2000
Source: Minneapolis Star-Tribune (MN)
Copyright: 2000 Star Tribune
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DOT ANNOUNCES DRUG TESTING RULES

WASHINGTON (AP) -- The Transportation Department has announced new rules 
for protecting the rights of millions of workers who are required to have 
drug tests.

The most significant changes, released Thursday, involve " validity 
testing, " which is meant to detect specimens that have been adulterated or 
substituted. The rule extends to validity testing two safeguards already in 
place that protect a worker who tests positive for " drugs of abuse, " such 
as cocaine, heroin or marijuana.

In the first protection, a physician, hired by the employer, will review 
test results when a lab indicates the specimen may have been tampered with 
or substituted. The physician would have the power to cancel the finding of 
tampering if that result comes from a legitimate medical reason.

In the second case, an employee also can have a different laboratory test a 
second sample of his or her specimen to make sure the original lab did not 
make an error.

The government requires drug testing of millions of transportation 
employees, such as railroad workers, airline mechanics and flight crews, 
and bus drivers.

The changes were announced the same day that the Department of Health and 
Human Services disclosed new evidence of lab mistakes that can brand 
innocent workers as cheaters or drug abusers, ending their careers without 
a chance for appeal, The New York Times reported in its Friday editions.

HHS reported that it inspected all 66 of the validity testing laboratories 
it supervises and, as a result, instructed them to cancel the results of 
tests failed by 250 to 300 workers, The Times reported.

The Transportation Department, acknowledging in its release that 
transportation workers face severe consequences if their specimens are 
thought to be adulterated or substituted, said most of the new rules will 
take effect in 30 days.
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MAP posted-by: Jo-D