Last updated : November 18, 2024
In the November 13th, 2017 Federal Register, the Department of Transportation (DOT) announced plans to amend its drug testing regulations. The new changes would include adding 4 synthetic opioids, hydrocodone, oxymorphone hydromorphone, and oxycodone to its drug testing panel.
Besides, the new regulation would disqualify methylenedioxyethylamphetamine as a confirmatory test and see the addition of methylenedioxyamphetamine as a primary test analyte. The changes will start applying from January 1, 2018.
The addition of these drugs opioids would make it easier for DOT to detect an extensive range of drugs used illegally. It’s the mandate of the HHS to monitor the drug abuse trends and review the information on new drug abuse. The increasing trend of the use of prescription opioids necessitated the new changes in drug testing.
What the DOT’s drug testing changes means to employers
The expected new changes will affect how the employers carry out employee drug testing. Here’s what the new changes mean to all employers in Denver;
1. Employers will no longer need to submit blind specimens
Since its inception, the blind specimen requirement has been part of the DOT drug-testing program. Under the new regulations, the employers no longer need to submit the blind specimens. The initial rules on the specimen were aimed at keeping the laboratory testing process as accurate as possible.
Now the rules require an employer to forward a specimen to an HHS-certified lab just for quality control purposes to check if the lab’s results match the content of the blind specimen. In this case, the blind specimen for control purposes from the fictitious donor will have to be accompanied by the Federal Drug Testing Custody and Control Form (CCF).
Concerns have been raised regarding the possibility of laboratories to relax their testing standards as they’ll be dealing a reduced number of specimen. However, DOT maintains that will not be the case as there are already safeguards in place to preserve the sincerity of the entire system.
However, a case of Joana Wingate raises questions about the integrity of the whole process. Joana got suspended as a chiropractor after pleading guilty of conducting DOT medical exams unlawfully. In exchange for money, she handled the DOT and alcohol requirements for a trucking company.
2. Employers will receiving negative results initially and medical info, if necessary follows
The new changes provide time for your employees to communicate with their physicians before MRO can report the information. Part 40 requires the MRO to report the downgraded test result as a verified negative. That means you’ll receive negative results at first followed by the medical information if deemed necessary, later.
3. Employers can now use NHTSA alcohol testing devices
This is yet another technical change to the drug testing rule that will affect how you handle employee drug testing. The amendment permits you to use DOT alcohol testing devices allowed by the National Highway and Safety Administration.
After the approval of alcohol screening devices (ASDs), the NHTSA published updates on the conforming products list (CPLs). Given the delay in publishing the CPLs, since 1994, it’s not been possible for employers to adopt the newly approved devices as they wait for the publishing.
The new changes now allow you as an employer to start using the alcohol screening devices as soon as NHTSA approves them. As such, the amendment makes it simple for employers to start using the testing devices on their workers.
4. The elimination of the specimen requirement would save money
DOT estimates that in the NPRM, employers will save at least $1.3 million every year following the changes on the need to send blind specimens to the laboratories. A single test costs an approximated 50 dollars. The DOT arrived at the cost-saving benefit of the new changes from the regulatory analysis conducted following the reduction specimen required.
Bottom Line
While the new amendments increase the number of drug tests to be done, there’s the promise of a safer working environment and better employee performance.
