Last updated : November 18, 2024
The Department of Transportation (DOT) announced today that it proposes to amend its regulations for conducting workplace drug and alcohol testing for safety-sensitive employees. The changes will allow, but not require, electronic signatures on documents that pertain to drug and alcohol testing. It would also allow employers to submit electronic versions of forms, as well as the electronic storage of forms and other data.
Allowing these changes would make it easier for employers to track and store drug testing data collected during employee testing in our digital world. They would apply to DOT-regulated employers and their service agents as well because they administer the drug and alcohol testing programs.
As it stands, employers and service agents must use, sign, and store paper documents unless the employer has set up an electronic Federal Drug Testing Custody and Control Form system approved by the Department of Health and Human Services (HHS).
The DOT is required to amend its regulations to authorize the use of electronic forms and electronic or digital signatures instead of handwritten signatures submitted on paper forms. This is the case for both drug and alcohol testing.
These changes will provide additional flexibility and reduce the costs associated with employee drug testing of the safety-sensitive workforce “while maintaining the integrity and confidentiality requirements of the drug and alcohol testing regulations.”
Other proposed changes
The proposal would also amend the Pipeline and Hazardous Materials Safety Administration regulation (49 CFR Part 40) for conformity and “to make other miscellaneous technical changes and corrections.”
Submit your opinion
Employers and others are encouraged to submit comments regarding the changes must be received by December 16, 2024. There are several ways to submit your comment, however, the DOT asks that you only use one method to avoid duplication.
You can access the proposal at the following address:
https://www.regulations.gov/docket/DOT-OST-2022-0027/document
Follow online instructions to submit your comment there.
Or you can submit your comments, clearly identified by Dockte Number DOT-OST-2022-0027 using any of the following methods:
Mail your comment to:
Docket Management Facility
U.S. Department of Transportation
1200 New Jersey Avenue SE
West Building, Ground Floor
Room W12-140
Washington, DC 20590-0001
You may deliver your comment by hand between the hours of 9:00 am and 5:00 pm, Monday through Friday to:
West Building, Ground Floor
Room W12-140
1200 New Jersey Avenue SE
Washington, DC
Please note that Federal holidays are an exception.
Fax your comments to 202-493-2251.
If you have a question
If you’d like to speak to someone regarding questions about the proposal, contact:
Mike Huntley
Office of Drug and AL
Alcohol Policy and Compliance
1200 New Jersey Avenue SE
Washington, DC 20590
Or you may call him directly at: (202) 366-3784.
Should you have questions or have problems viewing or submitting material to the online docket, please, contact Docket Services. The telephone number: (202) 366-9826.
You can make a difference
Comments received regarding proposed changes to the approved oral fluids test caused the DOT to remove the proposal—at least for the time being.
Your thoughts count so make them heard!
