Decoding the Part 40 Final Rule
The DOT recently published its Part 40 final rule in the Federal Register, which included several changes about drug tests required for fleets and carriers. If you’re in the transportation industry and deal with anything related to driver drug tests or if you’re a driver yourself, it’s important that you know exactly what these changes mean for you. The rule went into effect on January 1, so it’s imperative that your company has a good handle on all the information. DriverFacts is here to help. Here are the basics you need to know:
- Changes to drug test list
While the rule removed methylenedioxyethylamphetaime (MDEA) from its list of tests, it added methylenedioxyamphetamine (MDA) as a tested substance. Tests for four semi-synthetic opioids were also added: hydrocodone, oxycodone, hydromorphone and oxymorphone. Common names for these opioids include: OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®. Dilaudid®, and Exalgo®.
- Effects on laboratory processes
HHS-certified laboratories will have to add three additional fatal flaws to the list of reasons to report “rejected” specimens: no Federal Drug Testing Custody and Control Form (CCF), two separate collections using one CCF, and no specimen submitted to the laboratory with the CCF. Laboratories will also need to modify the reports that get provided to employers and the DOT to reflect the updated list of tests.
- Process modifications for MROs
Medical Review Officers (MROs) will have to accommodate altered review processes, including a clarified “prescription” definition; indicating the notification timing for significant safety risk modifications; and handling the option to conduct testing for D, L stereoisomer and THC-V.
- Other changes to note:
- Going forward, employers and Consortium/Third Party Administrators will not be required to submit blind specimens to laboratories.
- Additionally, collectors, alcohol testing technicians, MROs and substance abuse professionals must subscribe to ODAPC’s list-serve here: https://www.transportation.gov/odapc/ListServe_Notices
- Revisions to CCF include updates to reflect the new drug test list as well as removal of the checkbox, the letters “DOT” and the hash line in front of the “Specify DOT Agency” text in step 1D. The newest version of CCF can be found at: http://www.reginfo.gov/public/do/DownloadDocument?objectID=73335901.
Ensuring your company is compliant with DOT regulations can be a tedious process. Requirements for drug and alcohol testing are changing in the trucking industry, and these changes can be time consuming to track and integrate. DriverFacts’ Drug & Alcohol Management System helps your company stay compliant by facilitating the testing process. It includes features such as automatic random list generation, instant MIS report processing, collection tracking and detailed documentation. The software is also updated automatically with regulation changes to help trucking companies implement process changes associated with updates to the law.
Please note that there are additional changes included in the Part 40 final rule that we haven’t described above. An overview of the final rule can be found on ODAPC’s website here: www.transportation.gov/odapc/frpubs. For more information about DriverFacts and our Drug & Alcohol Management System, visit www.driverfacts.com or call 888-844-4730
The material presented here is for informational purposes only and not for the purpose of providing legal advice. DriverFacts encourages you to contact an attorney to obtain advice with respect to any particular issue or problem.