WASHINGTON REPORT BY TAMIKA CARTER, DATIA
New DOT Regulations for Expanded Opioid Testing Took Effect January 1 Te U.S. Department of Transportation’s (DOT) amended drug-testing program regulation—which added hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; added methylenedioxyamphetamine as an initial test analyte; and removed methylenedioxyethylamphetamine as a confirmatory test analyte—went into effect on January 1, 2018. Te revision of the drug- testing panel harmonized DOT regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. Tis final rule clarified certain existing drug-testing program provisions and definitions, made technical amendments, and removed the requirement for employers and Consortium/Tird Party Administrators to submit blind specimens. View the complete final rule in the Federal Register (htps://
www.gpo.gov/fdsys/pkg/ FR-2017-11-13/pdf/2017-24397.pdf) and a summary of the changes on the DOT’s website (htps://
www.transportation.gov/ odapc/Part_40_Final_Rule_Summary _of_Changes).
NHTSA Approved 12 New Instruments for Mobile and Non-Mobile Use Te Conforming Product List (CPL) published by the National Highway Traffic Safety Administration (NHTSA) added twelve (12) new instruments that have been evaluated and found to conform to the Model Specifications, as amended on September 17, 1993, for mobile and non-mobile use. One instrument is distributed by two different companies, so it was listed twice. One manufacturer changed its legal name. One manufacturer added a new product option for USB and Ethernet connectivity. One manufacturer added a Bluetooth keyboard accessory to two (2) devices and a calibration
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accessory for seven (7) of its devices. Tese devices were found to conform with or without the accessories. Another seven (7) instruments are now being listed under a different distributer/manufacturer and those devices will be cross-referenced for legacy purposes. View the full CPL in the Federal Register. htps://
www.gpo.gov/fdsys/pkg/FR- 2017-11-02/pdf/2017-23869.pdf
2018 DOT Random Testing Rates Announced All Department of Transportation modal agencies have announced their 2018 random drug and alcohol testing rates. Te 2018 rates are: • FR 25% Drug, 10% Alcohol—** Maintenance of Way Employees (MOW) Rates—50% Drug, 25% Alcohol
• PMHSA 50% Drug, N/A Alcohol • FAA 25% Drug, 10% Alcohol • USCG 25% Drug, N/A Alcohol • FMCSA 25% Drug, 10% Alcohol • FTA 25% Drug, 10% Alcohol For a complete summary of all 2018 DOT
random testing rates, visit the DOT website. htps://
www.transportation.gov/odapc/ random-testing-rates
Federal Transit Administration (FTA) Issues Drug and Alcohol Regulation Updates In the December 2017 edition of its drug and alcohol newsleter, the Federal Transit Administration (FTA) issued regulatory updates to some of its drug and alcohol testing rules in the form of guidance. While all of the information in the newsleter may be relevant to DATIA members, there are a few updates that may be of particular interest.
No “Expiration” on Return-To- Duty Requirements
An employee/applicant who has violated a DOT regulation is prohibited from returning to the performance of safety-sensitive functions for any DOT-covered employer
winter 2018
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