DOT Streamlines Drug-Testing Regulations

From Idealease Safety Bulletin—April 26, 2019

The DOT made changes to its drug testing rule for safety-sensitive employees to ensure consistency with amendments made to 49 CFR Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." The amendments were originally implemented in DOT drug testing in January 1, 2018. This most recent move takes a step to align each agency-specific regulation with the procedures and updates the MIS data collection form to include the term opioids rather than opiates. The January 2018 revisions added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. Previously covered drugs morphine, 6-acetylmorphine, and codeine are also considered opioids. The rule amends the term in the Federal Transit Administration (FTA), Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Federal Aviation Administration (FAA) to ensure that all DOT drug testing rules are consistent and with the Mandatory Guidelines for Federal Workplace Drug Testing Programs. The final ruling also makes a conforming amendment to include the term opioids in the wording of the DOT's annual information collection requirement and clarifications to §40.26 and Appendix H regarding the requirement for employers to follow the DOT instructions for annual information collection.