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Friday, March 24, 2023

DOT Publishes Notice of Proposed Rulemaking

DOT Publishes Notice of Proposed Rulemaking
Published in today’s Federal Register is a DOT Notice of Proposed Rulemaking (NPRM). The Federal Register NPRM is available at https://www.gpo.gov/fdsys/pkg/FR-2017-01-23/pdf/2017-01131.pdf and in the attachment. Today we will post it on the ODAPC website https://www.transportation.gov/odapc/frpubs.

The NPRM proposes to:

Align our regulated-industry drug testing with the Department of Health and Human Services (HHS) laboratory drug testing requirements,
Add clarification to certain existing drug-testing provisions,
Remove outdated information from our current regulation, and
Remove the requirement for employers and C/TPAs to submit blind specimens.

DOT is required by the Omnibus Transportation Employees Testing Act to follow the HHS requirements for the testing procedures/protocols and drugs for which we test.
Primary laboratory proposals include:
Testing for four semi-synthetic opioids: hydrocodone, oxycodone, hydromorphone, oxymorphone;
Add methylenedioxyamphetamine (MDA) as an initial test analyte;
Remove testing for methylenedioxyethylamphetaime (MDEA);
Other proposals:
Remove, modify, and add specific definitions and to make certain definitions consistent with those of HHS;
Remove blind specimen testing;
Modify several provisions related to urine specimens;
Add emphasis to an existing Part 40 provision that prohibits DNA testing of urine specimens;
Add clarification to the term “prescription”;
Modify sections related to how MROs verify test results related to semi-synthetic opioids;
Require collector, alcohol testing technicians, and substance abuse professionals to subscribe to ODAPC’s list serve;
Remove a list of Substance Abuse Professional certification organizations from rule text and instead maintain the list on ODAPC’s web site;
Include a provision to prohibit program participants from using DOT-branded items on their websites, publications, etc.;
Remove outdated compliance dates;
Make various technical amendments.