Posts
From: Gil Gore [mailto:thegores1@cox.net]
Sent: Tuesday, August 01, 2006 4:05 PM
To: All BLET Local Chairmen UP Southern Region
Subject: FW: Part 40 Questions and Answers - Drug & Alcohol
Brothers,
Attached are Q&As issued by the Office of General Counsel of Drug and Alcohol Policy and Compliance of the Department of Transportation in July 2006. As noted by Brother Simmerman, these Q&As constitute authoritative guidance and interpretation concerning 49CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS. (Click Here to download a PDF Copy)
Please distribute this information to our membership for their information requesting that they pay particular attention to 40.141 below dealing with medications prescribed via an internet physician and the requirement for a direct doctor patient examination and relationship as well as connection of prescribed medication to a current medical problem. There are 4 criteria that must be met to reach the threshold of having a legitimate doctor – patient relationship.
- – The patient has a medical complaint
- – A medical history has been taken
- – A physical examination has been performed
- – Some logical connection exists between the complaint, the medical history, the physical examination, and the drug prescribed.
Taking medications prescribed by an “internet” doctor who has not physically examined you for your medical complaint per this interpretation would be illegal under the regulation.
All employees who have been prescribed medication via their personal physician to treat their medical issues will not have any problems. If you are taking medication prescribed via an internet physician, I suggest immediately contacting your local physician for prescriptions to cover the meds you are taking.
Please note that this is an interpretation from DOT General Counsel of the Code of Federal Regulations and not something that falls under the purview of collective bargaining.
If you have any questions, please feel free to contact me.
Fraternally,
Gil Gore
From: Simmerman, Dennis [mailto:simmerman@ble-t.org]
Sent: Tuesday, August 01, 2006 2:20 PM
To: _NDOfficers; _General Chairmen US GCA; _Legislative Chairmen US GCA; _SpecialReps; _ExecStaff
Subject: Part 40 Questions and Answers - Drug & Alcohol
Brothers:
President Hahs asked that I share the attached Questions and Answers issued by the Office of General Counsel and Office of Drug and Alcohol Policy andCompliance of the Department of Transportation in July 2006.
These constitute official and authoritative guidance and interpretation concerning 49 CFR Part 40.
Fraternally,
Dennis Simmerman
Director of Research
