Part 40 Final Rule - DOT Summary of Changes
Today, November 13, 2017, the Department of Transportation (DOT) published a final rule in the Federal Register (82 FR 52229). The rule, among other items, added four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). It also added methylenedioxyamphetamine (MDA) as an initial test analyte and removed the testing for methylenedioxyethylamphetaime (MDEA).
- Add four semi-synthetic opioids: hydrocodone, oxycodone, hydromorphone; oxymorphone to your DOT testing panel;
- Add MDA as an initial test analyte;
- Remove testing for MDEA;
- Add three more fatal flaws to the list of reasons when a laboratory would report a ‘rejected for testing’ specimen; and
- Need to modify the reports [in Appendix B & C] you provide to employers and the DOT.
- The term ‘prescription’ has been clarified;
- You have authority to conduct D,L stereoisomer and THC-V testing; and
- The timing when you communicate a significant safety risk has been modified.
What does this mean for service agents?
- Collectors, alcohol testing technicians, MROs, and Substance Abuse Professionals will be required to subscribe to ODAPC's list-serve at: https://www.transportation.gov/odapc/ListServe_Notices.
- Unauthorized use of DOT-branded items (such as logos or emblems) on a service agent’s website, publications, etc., could be a basis for the DOT to initiate a Public Interest Exclusion proceeding.
What are some of the other changes to Part 40?
- The DOT added a new section reiterating that, in the DOT testing program, only urine specimens can be collected and analyzed at HHS-certified laboratories.
- The DOT added language further emphasizing the existing DOT prohibition on the use of DNA testing on DOT drug-testing specimens.
- The final rule made minor modifications to certain section headings.
- The final rule moved the list of Substance Abuse Professional certification organizations from the rule text to ODAPC's website.
- The final rule moved the MIS instructions from Appendix H to ODAPC’s website.
- Outdated compliance dates were removed and links were updated.
- Appendices B, C, D, and H were updated.
NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule. ODAPC encourages affected entities, including employers and service agents, to review the final rule.