[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22809-22810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10118]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Mandatory Guidelines for Federal Workplace Drug Testing Programs

AGENCY: Substance Abuse and Mental Health Services Administration 
(SAMHSA), Department of Health and Human Services.

ACTION: Final rule: Change in effective date.

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SUMMARY: The Department of Health and Human Services (HHS) is changing 
the effective date of the Revisions to the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs (Mandatory Guidelines) from May 
1, 2010, to October 1, 2010. The purpose of this notice is to notify 
participants in Federal and federally-regulated workplace drug testing 
programs as soon as possible that they will not be expected to 
implement the revisions to the Mandatory Guidelines on May 1, 2010, so 
that they do not unnecessarily expend resources to comply on May 1, or 
risk compliance problems by prematurely implementing new provisions.

DATES: The revisions to the Mandatory Guidelines will now become 
effective October 1, 2010. This change in the effective date becomes 
effective April 30, 2010.

FOR FURTHER INFORMATION CONTACT: Robert L. Stephenson, II, M.P.H., 
Director, Division of Workplace Programs (DWP), Center for Substance 
Abuse Prevention (CSAP), Substance Abuse and Mental Health Services 
Administration (SAMHSA), 1 Choke Cherry Road, Room 2-1035, Rockville, 
MD 20857; Telephone: 240-276-2600; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On November 25, 2008, HHS published a Final 
Notice of Revisions to the Mandatory Guidelines for Federal Workplace 
Drug Testing Programs in the Federal Register (73 FR 71858). A 
correction providing the effective date of May 1, 2010, was published 
in the Federal Register on December 10, 2008 (73 FR 75122). The 
Mandatory Guidelines establish the scientific and technical guidelines 
for Federal workplace drug testing programs and establish standards for 
certification of laboratories engaged in drug testing for Federal 
agencies under authority of section 503 of Public Law 100-71, 5 U.S.C. 
Section 7301 note and Executive Order (E.O.) 12564. The revisions to 
the Mandatory Guidelines address the collection and testing of urine 
specimens, the requirements for certification of Instrumented Initial 
Test Facilities (IITF), and the role of and standards for collectors 
and Medical Review Officers (MRO).
    The Department of Transportation (DOT) publishes the Procedures for 
Transportation Workplace Drug and Alcohol Testing Programs at 49 Code 
of Federal Regulations (CFR) Part 40. This DOT regulation requires the 
drug and alcohol testing of safety-sensitive employees in certain DOT-
regulated industries. Consistent with the Omnibus Transportation 
Employee Testing Act of 1991, the DOT utilizes the HHS laboratory 
procedures set forth in the Mandatory Guidelines in its regulations.
    On February 4, 2010, DOT published a notice of proposed rulemaking 
(NPRM) in the Federal Register (75 FR 5722) announcing revised 
procedures for transportation workplace drug and alcohol testing 
programs. DOT's final rule based on this NPRM will not be completed by 
May 1, 2010. It is anticipated that DOT's rule will be issued in time 
to go into effect by October 1, 2010.
    Without this change of effective date for the Mandatory Guidelines, 
laboratories certified under the Mandatory Guidelines would be required 
to maintain a dual system for testing using the revised Mandatory 
Guidelines, and testing for DOT-regulated entities covered by the 
current Mandatory Guidelines, until DOT rules are issued. Further, the 
National Laboratory Certification Program would be required to certify 
laboratories utilizing different sets of requirements. The new 
effective date of October 1, 2010 will allow time for related training 
in Federal and federally-regulated workplace drug testing programs and 
will be consistent with the beginning of the new Fiscal Year for 
Federal agencies.
    The Department's implementation of this rule without opportunity 
for public comment, effective immediately upon publication today in the 
Federal Register, is based on the good cause exemptions in 5 U.S.C. 
section 553(b)(3)(B) and 553(d)(3), to the extent that 5 U.S.C. title 5 
applies. This delay in the effective date is temporary, and necessary 
to avoid requiring DOT-regulated industries to comply with a different 
set of rules than federal workplace drug testing programs, which would 
create a confusing and unfair situation in which similarly situated 
employees would be treated inconsistently.
    The new implementation date will also avoid the unnecessary 
expenditure of scarce resources on compliance with different standards; 
allow time for related training in Federal and federally-regulated 
workplace drug testing programs, including HHS coordination with 
testing laboratories on implementing new procedures to be used in the 
federal workplace testing

[[Page 22810]]

programs; and be consistent with the beginning of the new fiscal year 
for Federal agencies. Given the imminence of the current effective 
date, seeking prior public comment on this temporary delay would be 
impractical. Further, given the risk of inconsistency and confusion 
from the imposition of divergent requirements across federal agencies, 
it has been determined that seeking prior comment on this temporary 
delay would be contrary to the public interest. The imminence of the 
effective date is also good cause for making this rule effective 
immediately upon publication.
    DOT's rule is expected to issue in time to go into effect by 
October 1, 2010; however, should it later appear that DOT regulations 
may not issue in time for an October 1, 2010 implementation, SAMHSA 
will undertake notice and comment rulemaking to delay the effective 
date further.
    No other changes to the Mandatory Guidelines have been made. The 
new effective date for the revisions to the HHS Mandatory Guidelines is 
October 1, 2010.

    Dated: April 26, 2010.
Pamela S. Hyde,
Administrator, Substance Abuse and Mental Health Services 
Administration.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010-10118 Filed 4-29-10; 8:45 am]
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