Safety-conscious employers who currently have or are considering programs that test for drugs of abuse need to stay informed of potential regulatory changes that may impact drug testing. As the nation's leader in workplace drug testing, Quest Diagnostics Employer Solutions is pleased to bring you relevant information on a recent DOT proposal for mandating specimen validity testing for all specimens.

Instances of individuals trying to "beat" drug tests through adulteration, dilution or substitution of their specimen are on the rise. SVT is a method for determining whether donor specimens submitted for drug testing have been adulterated, diluted or substituted in a way that could alter the result of a drug test.

Quest Diagnostics is a leading provider of comprehensive SVT, performing approximately 6.4 million such tests on the nearly 10 million urine workplace drug tests that we perform annually. We believe employers need to consider the value of comprehensive SVT, as proposed by the DOT, in developing a thorough and effective drug-testing program.

If discouraging "cheating" on drug tests is important to you, read the summary of the DOT proposal below and consider submitting your comments.

DOT's Office of Drug and Alcohol Policy Control (ODAPC) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (70 FR 62276) on Monday, October 31, 2005.

The NPRM would require SVT for creatinine, specific gravity when indicated, pH and oxidizing adulterants in all urine specimens collected pursuant to the Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40). There are also a number of recommended changes for laboratory and medical review officer (MRO) responsibilities with regard to SVT.


Below are some of the most significant proposals in the NPRM:


1. Laboratory tests for dilution, substitution and adulteration for all specimens.

2. Implementation of Department of Health and Human Services (HHS) criteria and laboratory requirements for SVT.

3. Continued requirement that some negative dilute specimens - those with a creatinine in the "2-5 mg/dL range" - be recollected under direct observation.

4. A new section detailing MRO responsibilities when a valid test result cannot be obtained and a negative result is required. This includes an evaluation of whether there is clinical evidence that the donor uses illicit drugs. This evaluation may also include an alternative test (e.g., blood).

5. A new section detailing MRO responsibilities for reviewing and reporting multiple test results for the same specimen and multiple specimens collected during the same testing event.

6. Adoption of HHS procedures, for both laboratories and MROs, regarding the numerous actions for split specimens. The NPRM proposes 5 different categories of split specimen laboratory results.

7. Clarification that an invalid test result for a different reason on an observed specimen (as opposed to the primary specimen) should be treated as a "refusal to test."

Many employers subject to these DOT rules currently perform some type of SVT, but they may not perform all required tests. All stakeholders, including employers, third-party administrators and MROs, are encouraged to review the NPRM and submit comments prior to December 31, 2005. The NPRM can be accessed from the ODAPC website at www.dot.gov/ost/dapc/frpubs.html.