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Specimen validity testing becomes mandatory
The U.S. Court of Appeals, District of Columbia Circuit issued an order on Oct. 31 staying the U.S. Department of Transportation's Oct. 22 order, which made 49 CFR section 40.67(b) mandatory rather than optional as of Nov. 1.
The purpose of the rulemaking was to make specimen validity testing mandatory within the regulated transportation industries and thwart those who manufacture products designed to adulterate specimens. The administrative stay is intended to give the court sufficient opportunity to consider the merits of the motion for a stay and should not be construed as a ruling on the merits of that motion. For further information, contact Jim L. Swart, Director, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590; (202) 366-3784 (voice), (202) 366-3897 (fax), or jim.swart@dot.gov; or Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, U.S. Department of Transportation, same address as above, (202) 366-9310 (voice), (202) 366-9313 (fax), or bob.ashby@dot.gov. December 4, 2008
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