DOT ANNOUNCES DRUG TESTING RULES

WASHINGTON -- 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.