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Drug Testing

DOT Drug Testing: Part 40 - Employee Notice

This is a reminder that the U.S. Department of Transportation (DOT) drug testing program will soon require testing for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone).  The change is effective January 1, 2018What does this mean for the employees?      Beginning January 1, 2018, in addition to the existing DOT drug testing panel (that includes marijuana, cocaine, amphetamines,...

DOT Rule 49 CFR Part 40 Section 40.210

Subpart I—Problems in Drug Tests

§ 40.210 Are drug tests other than urine permitted under the regulations?            No.  Drug tests other than on urine specimens are not authorized for testing under this part.  Only urine specimens screened and confirmed at HHS certified laboratories (see §40.81) are allowed for drug testing under this part.  Point-of-collection urine testing or instant tests are not authorized.[82...

Notice: Federal Drug Testing Custody and Control Form

On Monday November 13, 2017, the Department of Transportation (DOT) published a final rule in the Federal Register.  The final rule, among other items, added four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone) to our drug testing panel.  It also added methylenedioxyamphetamine (MDA) as an initial test analyte and removed the testing for methylenedioxyethylamphetaime (MDEA).When is the final rule effective?   The final rule is...

Notice: Federal Drug Testing Custody and Control Form

On August 8, 2017, the Office of Management and Budget approved a revised Federal Drug Testing Custody and Control Form (CCF) and authorized the continued use of the ‘old’ CCF until June 30, 2018.What does this mean for the DOT drug testing program?
DOT regulated employers and their service agents (collectors, laboratories, Medical Review Officers) are to continue using the ‘old’ CCF until...

DOT Rule 49 CFR Part 40 Section 40.171 Q&A

§40.171                                                                     01/02QUESTION:Can someone other than the employee direct that an MRO have the employee’s split specimen tested?ANSWER:• No. Because the split specimen exists to provide the employee with “due process” in the event that he or she desires to challenge the primary specimen’s results, only the employee can request that the split specimen be tested.• In addition, an...

DOT Rule 49 CFR Part 40 Section 40.209 Q&A

§40.149; §40.209                                                   09/01QUESTION:What is an employer to do if an arbitrator’s decision claims to overturn the result of a DOT drug or alcohol test on grounds contrary to DOT regulations?ANSWER:• There could be instances in which an arbitrator makes a decision that purports to cancel a DOT test for reasons that the DOT regulation does not recognize as valid.• For example, the arbitrator might...

DOT Rule 49 CFR Part 40 Section 40.209

Subpart I—Problems in Drug Tests

§ 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action? (a) As a collector, laboratory, MRO, employer or other person administering the drug testing process, you must document any errors in the testing process of which you become aware, even if they are not considered problems that will cause a test to be cancelled as listed in this subpart. Decisions about the ultimate...

DOT Rule 49 CFR Part 40 Section 40.208

Subpart I—Problems in Drug Tests

§ 40.208 What problem requires corrective action but does not result in the cancellation of a test? (a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that the specimen temperature on the CCF was not checked and the “Remarks” line did not contain an entry regarding the temperature being out of range, you must take corrective action, including securing a memorandum...

DOT Rule 49 CFR Part 40 Section 40.207

Subpart I—Problems in Drug Tests

§ 40.207 What is the effect of a cancelled drug test? (a) A cancelled drug test is neither positive nor negative. (1) As an employer, you must not attach to a cancelled test the consequences of a positive test or other violation of a DOT drug testing regulation (e.g., removal from a safety-sensitive position). (2) As an employer, you must not use a cancelled test for the purposes of a negative test to authorize the employee to...

DOT Rule 49 CFR Part 40 Section 40.205

Subpart I—Problems in Drug Tests

§ 40.205 How are drug test problems corrected? (a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee. (1) If, during or shortly after the collection process, you become aware of any event that prevents the completion of a valid test or collection (e.g., a procedural or paperwork error), you must try to correct the problem promptly, if doing so is practicable. You...