On January 1, 2018, the final rule went into effect amending 49 CFR Part 40. The DOT announced several revisions, most notably the addition of hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel, as well as methylenedioxyamphetamine as an initial test analyte. The final rule also removed methylenedioxyethylamphetamine as a confirmatory test analyte.
The changes also clarified existing drug testing program provisions and definitions, such as amending the word “opiate” to “opioid”; removing the blind specimen requirement for Health and Human Services (HHS) certified labs; and adding a few technical updates to Part 40. Three
new fatal flaws and a “questionable specimen” testing protocol were added, as well. Fatal flaws can cause a drug test to be canceled; fatal flaws now include the following: the specimen has no drug testing custody and control form (CCF), multiple collections were conducted using only one CCF, and there was no specimen submitted to the laboratory with the CCF.
And finally, all personnel involved in the drug testing process are now required to subscribe to the Office of Drug & Alcohol Policy & Compliance email notification system. Employers can subscribe to the email lists by going to https://www.transportation.gov/odapc/get-odapc-email-updates.
These drug testing changes affect all employees and employers who must comply with DOT regulations. For more information about the new drug testing changes, including those not listed here, go to https://www.transportation.gov/odapc.
Call to Action
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Communicate the new drug testing changes to personnel responsible for drug testing drivers.
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Conduct reasonable suspicion training for all supervisors in accordance with 49 CFR 382.603.
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Establish a written procedure ensuring applicants cannot be road tested or perform a safety-sensitive function until a negative pre-employment drug and alcohol test result is received.
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