WASHINGTON REPORT BY LAURA SHELTON, CMP
DATIA Comments on FMCSA CDL Drug and Alcohol Clearinghouse On April 21, 2014, the Drug and Alcohol Testing Industry Association (DATIA) submited comments on the FMCSA Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse) NPRM. DATIA’s comments on behalf of its constituency were based upon input from DATIA’s members, Legislative & Regula- tory Commitee, and Board of Directors. Te proposed rule would require FMC-
SA-regulated motor carrier employers, Med- ical Review Officers (MROs), Substance Abuse Professionals (SAPs), and consortia/ third party administrators (C/TPAs) sup- porting U.S. Department of Transportation (DOT) testing programs to report verified positive, adulterated, and substituted drug test results, positive alcohol test results, test refusals, negative return-to-duty test results, and information on follow-up testing. Te proposed rule would also require employers to report actual knowledge of traffic cita- tions for driving a commercial motor vehicle (CMV) while under the influence (DUI) of alcohol or drugs. While we are in support of the Clearing-
house, we did have a number of concerns with the proposed regulations. See full leter with our concerns and com-
ments regarding this NPRM: htp://datia. org/eNews/2014/FMCSAComments.pdf Tanks to everyone who submited their comments to us and contributed to this leter!
FAA ANPRM Would Require D&A Testing for Outside U.S. Maintenance A May 1 Federal Register notice extended the comment period for an Advanced No- tice of Proposed Rulemaking (ANPRM) that was published on March 17, 2014. In that document, the Federal Aviation Administration (FAA) sought input on its intent to amend the FAA’s drug and alcohol testing regulations to require drug
34 datia focus
and alcohol testing of certain maintenance personnel outside of the United States. Airlines for America (A4A), the Interna- tional Air Transport Association (IATA), and Deutsche Luſthansa AG (Luſthansa) requested that the FAA extend the com- ment period closing date to allow time for commenters to adequately analyze the ANPRM and prepare comments.Te com- ment period was originally scheduled May 16, 2014, was extended to July 17, 2014. DATIA will continue to follow this issue
and keep its members informed. 2014 Federal
Custody and Control Form (CCF) Approved Te Office of Management and Budget (OMB) has approved the 2014 Federal Cus- tody and Control Form (CCF). Te 2014 Federal CCF may be used as a paper form or electronic form (Federal eCCF) for HHS testing, but only as a paper form for DOT testing. DOT has not yet approved the use of an eCCF. Te use of this Federal CCF went into effect on May 31, 2014, and the expiration date is May 31, 2017. Before a Federal eCCF can be used for
HHS regulated specimens, an HHS-certified test facility must submit a detailed plan and proposed standard operating procedures (SOP) for the eCCF system to the National Laboratory Certification Program (NLCP) for review and approval, and undergo an onsite inspection. Additional information on this process is provided via the link below. Te Division of Workplace Programs
(DWP), Substance Abuse and Mental Health Services Administration (SAMH- SA), has released documents associated with the 2014 Federal CCF, effective May 31, 2014. Tese documents include the 2014 Federal Custody and Control Form (CCF), Guidance for Using the 2014 Federal Cus- tody and Control Form (CCF), the HHS Medical Review Officer Manual, and the HHS Urine Specimen Collection Hand-
book. Te documents will be posted on the DWP/SAMHSA Drug Testing website. You may view the available ICR docu-
ments here: • HHS Draſt Guidance: htp://
datia.org/ eNews/2014/guidanceCCF.pdf
• eCCF form: htp://
datia.org/ eNews/2014/eCCF.pdf
• HHS/NLCP Oversight Requirements: htp://
datia.org/eNews/2014/ oversightrequirements.pdf If you have specific questions regard-
ing this, please contact NLCP by email
NLCP@rti.org or call (919) 541-7242.
FMCSA Announced PIA Availability for Medical Examiner’s Certification Integration Te Federal Motor Carrier Safety Adminis- tration (FMCSA) announced the availabil- ity of the Privacy Impact Assessment (PIA) for the Medical Examiner’s Certification Integration notice of proposed rulemak- ing (NPRM) published on May 10, 2013. Tis is a National Registry that ensures that Medical Examiners (MEs) who perform DOT driver medical examinations are properly trained and certified by FMCSA to do so. Due to technical errors, the PIA was not posted to the docket until July 4, 2013, just a few days prior to the end of the public comment period. In addition, the PIA was not posted to the Department of Transportation’s (DOT’s) Privacy website until December 11, 2013. In conjunction with that update, the
FMCSA published the Medical Examiner’s Certification Integration NPRM that pro- poses changes to require: 1. Certified MEs performing medical examinations on CMV drivers to use a newly developed MER Form, MCSA- 5875, in place of the current MER Form.
2. Certified MEs to use Form MCSA- 5876 for the MEC.
3. Certified MEs to report results of all completed drivers’ medical examina-
summer 2014
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