DOT TIGHTENS RANDOM DRUG TESTING IN NEW POLICY REVISIONS

The U.S. Department of Transportation doesn't mess around when it comes to
drug testing.

While drug testing has become a common measure by most employers, testing
within the transportation industry is much more stringent because of the
risk of duty involved.

DOT implemented its drug policy in 1989 as part of the Omnibus Act, which
went into effect in 1990. Random alcohol testing requirements have since
been added in 1995, and DOT recently made policy revisions effective for
2001 that encompass all employees with safety-sensitive duties.

Since 1990, employers within the transportation industry have been required
to test for the five most common drugs: marijuana, cocaine, opiates,
amphetamines and phencyclidine.

The national average for positive test results is between 5%-6% and the
transportation industry is probably between 2%-3%, because testing is so
stringent, says Russ Smith, national sales representative for Advanced
Toxicology Labs.

Besides pre-employment and post-accident testing, employers are required to
meet DOT's requirements for random drug and alcohol testing.

The random drug testing rate varies within the six operating
administrations: Federal Motor Carrier Safety Administration, Federal
Aviation Administration, Federal Railroad Administration, Federal Transit
Administration, Research and Special Programs Administration and the U.S.
Coast Guard. The random alcohol testing rate is 10% within all operating
administrations, excluding the USCG and the RSPA.

DOT's latest revisions include validity testing, a process aimed at
catching employees who try and cheat the system by altering specimens.

Validity testing, which became mandatory in August, requires that labs
review specimens for elements or chemicals in high numbers which would not
normally be found in an average specimen.

About 8.5 million employees nationwide are subject to these rules, the vast
majority being motor carriers.

"With the latest revisions, the DOT is trying to do a 'cleanup' in order to
match changes within the industry," says Ken Edgell, acting director of the
Office of Drug and Alcohol Compliance.

Employees who are caught "cheating" on the drug test face greater penalties
than those who actually fail the drug test, Edgell says.

"Altering or substituting a specimen is considered refusal to test, which
is worse than producing a positive test," Edgell says.

DOT also has implemented certification and training requirements for lab
testing, collectors and medical review officers, stretching certification
beyond the labs to everyone involved in the testing process.

While there are hundreds of drug testing labs across the country, only 80
are certified by DOT.

Some current advancements in lab technology include imaging in the
advancement of computers. Labs are also working to improve testing for
adulterants -- substances consumed to alter specimens -- in validity testing.

When specimens reach the lab, each goes through complex testing, which can
include up to three screenings.

The specimen must not exceed specific levels set by DOT. If below these
levels, the test is negative and the information goes back to the employer.
If positive, it goes through a second screening.

But a positive screening does not necessarily mean a positive test result.
Positive tests go to a medical review officer, (a licensed pharmacologist,
certified by DOT), who interprets the results.

The MRO reviews the test, then contacts the individual to determine if they
are taking any prescription drugs or medication that might have altered the
test. Results are reported to employers.

As of August 2001, all specimen collectors and MROs within DOT must be DOT
certified, which includes specific, mandatory education and training.

Because they are a major part of the testing process, MROs must have
certification beyond medical licensure because they essentially make the
final call on whether a test is positive or not.

As far as reaction to positive test results, the decision is up to the
employer. Some companies clearly state that a positive drug test is grounds
for termination, while other companies might do a case-by-case analysis,
taking into consideration the length of time with the company and other
circumstances.

"The majority of companies dismiss a driver with a positive test result,
because of liability issues," says Chris Burruss, president and CEO of the
Tennessee Trucking Association.

"Larger companies are more likely to go through an attempt to keep a
driver," Edgell says, "whereas smaller companies are more likely to
terminate employees with positive test results."

If tested positive, a driver is immediately pulled from the road. If the
company elects to retain the driver, they then must go to a substance abuse
professional. The SAP determines what kind of treatment and education must
be met by the employee.

Upon return-to-duty, the employee is subject to re-testing, including six
tests within the first 12 months.