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[Federal Register: May 23, 2001 (Volume 66, Number 100)]
[Rules and Regulations]               
[Page 28400-28401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my01-19]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket No. OST-1999-6578]

 
Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs; Early Compliance Allowed for Electronic Reporting

AGENCY: Office of the Secretary, DOT.

ACTION: Compliance date on final rule.

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SUMMARY: In its final drug and alcohol testing rule published on 
December 19, 2000, and effective August 1, 2001, the Department 
authorized laboratories, certified by the Department of Health and 
Human Services (HHS), to report negative drug testing results to 
medical review officers (MRO) using only electronic reports and 
mandated the use of the new Federal Drug Testing Custody and Custody 
Form (CCF). To provide laboratories lead-time to accomplish the 
transition to the new CCF, the Department, in coordination with HHS, 
has determined that earlier compliance with this reporting procedure 
should be permitted. Additionally, the Department is also permitting 
early compliance with the reporting of all non-negative results to the 
MRO using faxed or scanned copies of the laboratory copy of the new 
CCF.
    This document authorizes HHS certified laboratories to initiate 
electronic reporting as the only reporting necessary for negative 
results on specimens submitted to laboratories using the new CCF and 
the reporting of non-negative results using faxed or scanned copies of 
Copy 1 of the new CCF. Laboratories may continue to use current 
procedures utilizing mail or courier services.

DATES: This document permits as of May 23, 2001 early compliance with 
the electronic reporting provisions in the final rule published at 65 
FR 79462, and effective August 1, 2001.

FOR FURTHER INFORMATION CONTACT: Don Shatinsky, Drug and Alcohol Policy 
Advisor, Office of Drug and Alcohol Policy and Compliance, Department 
of Transportation, 400 7th Street, SW., Room 10403, Washington, DC 
20590, at (202) 366-3784 (voice), (202) 366-3897 (fax), or 
<A HREF="mailto:don.shatinsky@ost.dot.gov/">don.shatinsky@ost.dot.gov/</A>.

SUPPLEMENTARY INFORMATION: In the December 19, 2000, Federal Register 
(65 FR 79462), the Department published a comprehensive revision to its 
drug and alcohol procedures testing regulation (49 CFR Part 40). This 
complete revision becomes effective August 1, 2001. In this revision, 
the Department authorizes laboratories to report drug testing results 
to the MRO electronically and mandates use of the new shorter-version 
of the Federal Drug Testing Custody and Control Form (CCF).
    Currently, the Department and HHS permit laboratories and employers 
to use the new CCF. The laboratory may transmit all results (negative 
and non-negative) to the MRO by mail or courier or by either faxing the 
completed laboratory copy (Copy 1) of the CCF or transmitting a scanned 
image of the form via computer. On August 1, 2001, for all negative 
results, laboratories will be permitted to send to MROs an 
electronically generated laboratory report and will not need to mail, 
courier, fax or send a scanned copy,

[[Page 28401]]

thus initiating substantial savings related to processing paper 
records.
    Additionally, since all laboratories and employers must use the new 
shorter form as of August 1, 2001, HHS has directed laboratories to 
treat submission of specimens for drug testing using the older (seven-
part) form as a correctable flaw which the laboratory must correct 
using a memorandum for record from the collection site. Laboratories 
have indicated to HHS and the Department that without a transition 
period to change over to the new forms and without gradual phasing in 
of electronic reporting, they foresee substantial implementation 
problems. From previous experiences, laboratories have learned that 
collection sites are reluctant to destroy old forms and continue to use 
them until they deplete their supply. Without a phase-in period, 
laboratories are concerned that the continued use of old forms after 
August 1, will create a substantial paper burden. Also, the new forms 
were designed specifically to be used with the electronic reporting 
process. Until this reporting process is in place, there is little 
motivation to initiate the use of the new forms.
    The Department is convinced that authorizing the laboratories and 
employers to initiate the use of electronic reporting (as provided in 
the new Sec. 40.97) a few months earlier would have a beneficial impact 
on the industry. Through this document, the Department consents to 
laboratories using the procedures provided in the new rule before 
August 1, 2001. Laboratories are not required to use electronic 
reporting, however.

    Issued this 10th day of May 2001, at Washington, DC.
Kenneth C. Edgell,
Acting Director, Office of Drug and Alcohol, Policy and Compliance.
[FR Doc. 01-12484 Filed 5-22-01; 8:45 am]
BILLING CODE 4910-62-P

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