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WASHINGTON REPORT BY LAURA SHELTON, CMP


DATIA Sent Comments to SAMHSA Regarding Hair Testing Request for Information DATIA submited its comments on July 29, 2015 regarding the SAMHSA Request for Information (RFI) regarding the use of hair testing within their workplace drug testing programs. Since the RFI is mainly geared around scientific laboratory protocols DATIA deferred much of its responses to member companies that perform such services to provide their information and studies concerning issues such as cutoff levels, washing procedures, validity testing, etc. DATIA’s comments on these issues were that DATIA feels that they need to be set to maximize safety, protect the integrity of the specimen, and not rely on any proprietary procedures/processes. In regards to the RFI, DATIA commented


on some of the non-scientific portions: • What are acceptable reasons for performing a hair test? DATIA feels that hair testing is only applicable for pre-employment and random testing, and in some instances return to duty testing. Since hair testing does test back for longer periods of time, it would not (a) definitively show recent drug use that could be a contributing factor in an accident, (b) definitively show recent drug use in the case of reasonable suspicion, or (c) show that a person has abstained from drug use during follow- up testing since the testing process starts very quickly aſter the initial positive. In regards to return to duty testing, DATIA feels that hair testing should only be allowed if the return to duty test is taken outside of the initial detection period (i.e. 90 day detection period and return to duty test is taken 100 days from the initial positive).


• What training should a collector receive prior to performing a hair specimen collection? We believe that the training requirements currently in place should


32 datia focus


apply to collectors that collect hair specimens as well. In addition, they need to receive documentation that they have received training (most of which is online via the many hair testing laboratories) on the specific hair testing collection methods including from where to collect the specimen, size of sample, preparation for shipment, etc.


• View DATIA’s full comments here: htp://datia.org/datia/eNews/2015/ 7.29.15_HairTesting_Comments.pdf.


FRA Began Reporting Post-Accident Toxicological Testing Results for Tramadol Te Federal Railroad Administration (FR) announced on July 7, 2015 that it will begin reporting post-accident toxicological test results for tramadol to the employee and the railroad Medical Review Officers (MROs). Te FR will also begin including post-accident toxicological test results for tramadol in its post-accident toxicology reports. Because tramadol was not a controlled substance when the FR began testing for it, the FR has kept post-accident toxicological test results for tramadol confidential. Read the full announcement in the July 7 Federal Register: htp://www.gpo.gov/


fdsys/pkg/FR-2015-07-07/pdf/2015- 16531.pdf .


PIE Issued to Elizabeth “Betsy” Pope d/b/a Eastgate Laboratory Testing On Aug. 18, 2015, Department of Transportation (DOT) issued a Public Interest Exclusion Order (PIE) decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding DOT-regulated employers and their service agents from using the drug and/or alcohol testing services of service agent, Elizabeth “Betsy” Pope d/b/a Eastgate Laboratory Testing in Tennessee and all other places that it is doing business. Te duration will be 5 years: Aug. 18,


2015-Aug. 18, 2020. Te Federal Motor Carrier Safety Administration brought this PIE action based upon a criminal conviction that resulted from the Medical Review Officer (MRO) services Pope was providing to a DOT-regulated trucking company through her company, Eastgate Laboratory Testing. Pope was not a licensed physician (a Doctor of Medicine or Osteopathy), and therefore not qualified to act as an MRO. Find out more about the decision here: htp://www.transportation.gov/odapc/pie. 


Fall 2015


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