WASHINGTON REPORT BY LAURA SHELTON, CMP
FMCSA Has Reduced Its Random Drug & Alcohol Testing Rates for 2016 In late December, the Federal Motor Carrier Safety Administration (FMCSA) announced, pursuant to 49 CFR 382.305, that it is reducing the minimum annual percentage rate for random controlled substances testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver’s license (CDL) from the current rate of 50 percent of the average number of driver positions to 25 percent of the average number of driver positions, effective in calendar year 2016. Te FMCSA Administrator has the discretion to decrease the minimum annual random testing percentage rate based on the reported positive random test rate for the entire motor carrier industry. Based on the controlled substances
random test data in FMCSA’s Management Information System (MIS) for calendar years 2011, 2012, and 2013, the positive rate for controlled substances random testing fell below the 1.0 percent threshold for 3 consecutive calendar years. As a result, the Agency will lower the controlled substances minimum annual percentage rate for random controlled substances testing to 25 percent of the average number of driver positions. In accordance with 49 CFR 382.305(e)(2) if, in the future, the reported positive rate for any calendar year is equal to or greater than 1.0 percent, the FMCSA Administrator will increase the minimum annual percentage rate for random controlled substances testing to 50 percent of all driver positions. Tis rule was effective Jan. 1, 2016. For information concerning this
notice, contact Mr. Juan Moya, Drug and Alcohol Program Manager, Compliance Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590, 202-366-4844 or
fmcsadrugandalcohol@dot.gov.
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First Lab Approved For Use of Federal Electronic Custody and Control Forms Before an HHS-laboratory can use a Federal eCCF for regulated specimens, the laboratory must submit a detailed plan and proposed standard operating procedures (SOPs) for the eCCF system for HHS review and approval (through the National Laboratory Certification Program—NLCP). Proposed systems must be reviewed on-site by the NLCP prior to implementation. Te following list of laboratories with HHS approval to implement an eCCF system for use with both DOT and HHS-regulated testing has been compiled by the NLCP. Tis list does not constitute an endorsement of the eCCF system. It reflects the approval for the listed laboratory to use the reviewed eCCF system for regulated specimens.
Alere Toxicology Services Gretna, LA Alere eScreen Type of eCCF system: Combination Electronic/Paper (Type 2) Approval date: October 9, 2015
Alere is currently the only laboratory
with the ability to process DOT-regulated drug tests utilizing eCCF. DATIA is aware of upcoming approvals for other HHS laboratories and will keep members informed as approvals are announced. Also, because the use of the eCCF is new
to the DOT drug testing process, the DOT provides guidance to collection facilities and specimen collectors on the use of the eCCF. You can find that document titled, “Use of the Electronic Federal Drug Testing Custody and Control Form (eCCF) by Urine Specimen Collectors for the U.S. DOT Drug Testing Program” at htp://
content.govdelivery.com/ atachments/USDOT/2015/11/19/ file_atachments/450612/eCCF_Notice_ for_Collectors.pdf.
Michael R. Bennett and Workplace Compliance— Removed from PIE List Te Department of Transportation (DOT) issued a decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding a service agent, Michael R. Bennet, Workplace Compliance, Inc. in North Carolina, Texas, and all other places it is incorporated, franchised, or otherwise doing business, and all other individuals who are officers, employees, directors, shareholders, partners, or other individuals associated with Workplace Compliance, Inc., from providing drug and alcohol testing services in any capacity to any DOT-regulated employer for a period of 5 years. Mr. Bennet and his company provided Medical Review Officer services to DOT-regulated employers directly and through other service agents when Mr. Bennet was not qualified to act as a Medical Review Officer. Te 5-year period has ended as of October 13, 2015, according to the Federal Register, and Mr. Bennet, et al., has been removed from the list of excluded service agents.
GHSA Report Shows Marijuana Increases the Risk of Deadly Crashes On Sept. 30, 2015, the Governor’s Highway Safety Association (GHSA) released a report, Drug-Impaired Driving: A Guide for What States Can Do, summarizing the current state of knowledge of drug use by drivers on America’s roadway and identifies actions that states and other stakeholders can take to detect and prevent drug-impaired driving. Drug use by drivers is a mounting concern,
particularly in light of more permissive marijuana laws (now legal for medical use in D.C. and 23 states and recreational use in four states and D.C.) and an increase in prescription drug abuse (the amount of prescription painkillers dispensed in the U.S. has quadrupled since 1999).
Winter 2016
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