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 New Procedures for Transportation Workplace Drug and Alcohol Testing Programs

 

On August 16, 2010, the Department of Transportation released a final rule making several changes to the procedures for transportation workplace drug and alcohol testing programs. The final rule goes into affect on October 1, 2010. Below is the list of changes.

 

1)      The Department is required by the Omnibus Transportation Employees Testing Act (Omnibus Act) to follow the HHS requirements for the testing procedures/protocols and drugs for which we test.

 

2)      Primary laboratory requirements in this final rule include:

 

            - Testing for MDMA (aka. Ecstasy);

            - Lowering cutoff levels for cocaine and amphetamines;

            - Conducting mandatory initial testing for heroin;

 

3)      The Department brought several testing definitions in-line with those of HHS.

 

4)      Each Medical Review Officer (MRO) will need to be re-qualified – including passing an examination given by an MRO training organization - every five years.  The Final Rule eliminated the requirement for each MRO to take 12 hours of continuing education every three years.

 

5)      An MRO will not need to be trained by an HHS-approved MRO training organization as long as the MRO meets DOT’s qualification and requalification training requirements.

 

6)      MRO recordkeeping requirements did not change from the five years for non-negatives and one year for negatives.

 

7)      The Final Rule does not allow the use of HHS-Certified Instrumented Initial Testing Facilities (IITFs) to conduct initial drug testing because the Omnibus Act requires laboratories to be able to perform both initial and confirmation testing but IITFs cannot conduct confirmation testing.


Click here for the DOT guidelines for Medical Review Officers.

 

 National Drug and Alcohol Clearinghouse

 

ATA is actively advocating a national clearinghouse to capture records of CDL holders’ positive drug and alcohol test results. Under the current process, hiring carriers must rely on an applicant’s past employers to share historical test results.  However, driver applicants can easily circumvent the system by withholding the names of past employers for whom they tested positive or names of prospective employers for whom they failed pre-employment tests.  The clearinghouse would serve as a single, central repository for test results that hiring carriers could query during the applicant background screening process.  

 

The concept of a clearinghouse has been well received by members of Congress. In May 2009, a standalone bill that calls for such a clearinghouse was introduced in U.S. Senate. Also, the Transportation and Infrastructure Committee of the House of Representatives has called for the establishment and funding of the national clearinghouse in its version of the Highway Reauthorization Bill. Staff Contacts: Rob Abbott and Abigail Potter.

 

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