Congress Goes After Anti-Drug Detection Industry

Substance Abuse Program Administrators Association (SAPAA) legislative chairman Jeff Sims, C-SAPA, C-SI, was an invited speaker (May 17, 2005) testified before the U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations.

Substance Abuse Program Administrators Association (SAPAA), Inc., Jeff Sims, Chair of SAPAA’s Legislative/Regulatory Affairs Committee provided testimony before the U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations on involving subversion of workplace drug testing.

The subject of the hearing concerned products that claim to prevent detection of certain substances by workplace drug-testing programs and substitution of urine specimens all in an effort to beat a workplace drug test. Jeff Sims testified “The drug testing professionals of SAPAA are highly concerned about the games employees play on a daily basis in the collection centers around America to beat a drug test.”

Jeff Sims comments provided the committee with examples of the human cost of an adulterated or substituted drug specimen. He advised the committee that “Only when Congress decides to take some strong action to truly punish federally regulated employees and applicants who choose to attempt to cheat will drug testing adulteration and substitution come to a screeching halt.” SAPAA has recommended to the Committee legislative changes to punish those CDL’s who have presented an adulterated or substituted drug specimen with a lifetime ban and $10,000 fine.

The suggested legislation was prepared by SAPAA’s General Counsel, Thomas M. Eden, III with Wallace, Jordan, Ratliff & Brandt, LLC.

The committee members attempted to question representatives of the following companies who provide products that are marketed for the purpose of evading drug detection when taking a drug test:

1. Mr. Dennis Catalano, President - Puck Technology
   
2. Mr. Matt Stephens, President - Spectrum Labs
   
3. Mr. Michael Fichera - Health Choice of New York, Inc.

All three of the company representatives elected to invoke their Fifth Amendment right and not respond to.

As a result of the information learned by the committee members from all of the testimony presented the committee, the committee chairman orally committed to propose federal legislation by year end to address the concerns. SAPAA has pledged its full support to the committee to help beat the drug testing cheats.

For a complete copy of SAPAA’s testimony and suggested legislation please go to www.sapaa.com

Legislation Proposed
As a result of DATIA’s testimony, Congressman Eliot Engel (NY) has taken an important first step toward ridding the market of products meant to thwart a drug test by introducing The Drug Testing Integrity Act of 2005.

His proposed bill would prohibit the manufacture, marketing, sale, or shipment in interstate commerce of products designed to assist in defrauding a drug test.

This first step brings to light the importance of a federal initiative to curtail the use of substances and devices that subvert drug tests. DATIA is currently working with Congress on strong and effective legislation that will truly rid the market of products meant to subvert a legal and legitimate drug test, and will keep members informed of our efforts. More than 12 million employees are subject to mandatory drug testing under the Department of Transportation (DOT) guidelines.

These employees are in safety-sensitive positions including truck drivers, airline pilots, bus drivers, mass transit operators, railroad engineers, pipeline workers, mariners and related personnel in safety sensitive positions.

The availability of products that are specifically manufactured for the purpose of cheating a drug test bears a serious public safety risk and nullifies the benefits of drug testing those in safety sensitive positions. Fourteen states have laws intended to curb the use of such products, but the piecemeal effect simply does not work.

Lonnie Johnson
C-DATA Operations Director