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Changes in Federal Transportation Workplace Drug & Alcohol
11/12/2017 Part 40 Final Rule - DOT Summary of Changes
Today, November 13, 2017, the Department of Transportation (DOT) published a final rule in the Federal Register (82 FR 52229). The rule, among other items, added four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). It also added methylenedioxyamphetamine (MDA) as an initial test analyte and removed the testing for methylenedioxyethylamphetaime (MDEA).
When is the final rule effective?
The final rule is effective January 1, 2018.
What does this mean for employees?
You will also be tested for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. In addition, you will no longer be tested for MDEA.
What does this mean for employers and Consortium/Third Party Administrators (C/TPA)?
As an employer or C/TPA, you will no longer be required to submit blind specimens to laboratories.
What does this mean for urine collectors?
The shy bladder process has been modified so that the collector will discard any specimen provided during the collection event when the employee does not provide a sufficient specimen by the end of the three hour wait period.
What does this mean for laboratories?
As an HHS-certified laboratory you will:
What does this mean for Medical Review Officers (MRO)?
Several of your MRO drug test review processes have been modified. For example:
What does this mean for alcohol technicians?
The list of NHTSA-approved Alcohol Screening Devices and Evidential Breath Testing Devices will appear on ODAPC’s website.
What does this mean for service agents?
What are some of the other changes to Part 40?
Where can I find a copy of the final rule?
You can view the final rule on ODAPC’s web site www.transportation.gov/odapc/frpubs.
NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule. ODAPC encourages affected entities, including employers and service agents, to review the final rule.
01/23/2017 - Notice of Proposed Rulemaking
The Department of Transportation is proposing to amend its drug-testing program regulation to add four opioids (hydrocodone, hydromorphone, oxymorphone, and oxycodone) to its drug-testing panel; add methylenedioxyamphetamine (MDA) as an initial test analyte; and remove methylenedioxyethylamphetamine, (MDEA) as a confirmatory test analyte. The proposed revision of the drugtesting panel is intended to harmonize with the revised Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This proposal also adds clarification to certain drug-testing program provisions where necessary, removes outdated information in the regulations that is no longer needed, and proposes to remove the requirement for employers and Consortium/Third Party Administrators to submit blind specimens.
Note: These new, proposed rules, which include expansion of the mandatory DOT testing panels to include synthetic opioids, are not yet in effect. However, it has been reported that the measure is now in the White House for final approval. In the meantime, DOT ODAPC has instructed employers to continue using the old Custody & Control Forms.
08/08/2017 Revised Custody & Control Forms
On August 8, 2017, a newly revised Federal Custody & Control Form (CCF) was approved for use by HHS-regulated employers and service agents. However, DOT-regulated employers and their service agents are NOT permitted to use the revised CCF for testing under 49 CFR Part 40 because DOT has not yet issued a final rule authorizing testing for synthetic opioids, which are listed on the new form. DOT-regulated employers and their service agents (collectors, laboratories, Medical Review Officers) are to continue using the ‘old’ CCF until further notice from DOT’s Office of Drug and Alcohol Policy and Compliance. If the revised (2017 version) CCF is used inadvertently for a DOT test and the testing was consistent with Part 40, MROs are to verify and report the result according to Part 40.