dependence.” Yet, to date, marijuana has been legalized in 33 states under state law for medical use and in 10 states as well as the District of Columbia, Guam and Puerto Rico for recreational use. How should employers respond to safety
risks? Te confusing conundrum presented by conflicting federal and state laws places employers in a difficult position when atempting to establish workplace drug policies that comply with federal and state laws. Our safety and health law experts have explained the recent legal developments and provided guidance on the strategies to set clear and detailed policies using a best practices approach. For the full article visit htps://www.
jdsupra.com/legalnews/dazed-by-the- complexity-of-state-and-51148/
FMCSA Moves
Forward with National Clearinghouse
June 20, 2019, the FMCSA issued a request to renew an ICR titled “Commercial Driver’s License Drug and Alcohol Clearinghouse”. Te Agency’s final rule, published December 5, 2016, titled ‘‘Commercial Driver’s License Drug and Alcohol Clearinghouse’’ (81 FR 87686) (Clearinghouse) established the regulatory requirements for the Clearinghouse. Te compliance date of the final rule is January 6, 2020. Since the original ICR was approved, no data has yet been collected. With the upcoming compliance date, this ICR is needed to ensure that querying and reporting requirements are met to diminish the problem of Commercial Driver’s License (CDL) and Commercial Learner’s Permit (CLP) holders who test positive for drugs or alcohol and then continue to perform safety sensitive functions, including driving a commercial motor vehicle (CMV), without participating in the required return-to-duty process. Te Clearinghouse will provide FMCSA
and employers the necessary tools to identify drivers who are prohibited from operating a CMV and ensure that such
www.datia.org
drivers receive the required evaluation and treatment before resuming safety-sensitive functions. Specifically, information maintained in the Clearonghouse will ensure that drivers who commit a drug or alcohol violation while working for one employer and atempt to find work with another employer, can no longer conceal their drug and alcohol violations merely by moving on to the next job or the next state. Drug and alcohol violation records maintained in the Clearinghouse will follow the driver regardless of how many times he or she changes employers, seeks employment or applies for a CDL in a different State. Specifically, the FMCSA requested
comments on: any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Te agency will summarize or include your comments in the request. DATIA will keep members posted
as this important regulation moves forward for more information visit htps://
www.govinfo.gov/content/pkg/FR- 2019-06-20/pdf/2019-13086.pdf.
DOT Publishes Drug Testing Rule
Te following is a collection of important Federal Register notices, court decisions, and legislation regarding Part 40. Te list is organized by date beginning with the most recent. Today, April 23, 2019, the Department
of Transportation (DOT) published a final rule that makes minor technical corrections to the OST, FAA, FTA, and PHMSA regulations governing drug testing for safety-sensitive employees to ensure consistency with the recent amendments
datia focus 27
made to the Department of Transportation’s regulation, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. Te changes to the Department’s regulation make it necessary to refer to these substances, as well as the previously covered drugs morphine, 6-acetylmorphine, and codeine, by the more inclusive term “opioids,” rather than “opiates.” Tis rule amends the term in the FAA, FTA, and PHMSA regulations to ensure that all DOT drug testing rules are consistent with one another and with the Mandatory Guidelines for Federal Workplace Drug Testing Programs. In addition, this rule makes a conforming amendment to include the term “opioids” in the wording of the Department’s annual information collection requirement and clarifications to section 40.26 and Appendix H regarding the requirement for employers to follow the Department’s instructions for the annual information collection. To read more visit: htps://www.
transportation.gov/odapc/frpubs ❚
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