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Part 40 Federal Register Publications

  • 49 CFR Part 40 – October 22, 2008
    • The Department is issuing this notice to respond to comments on the amendment to 49 CFR 40.67(b) issued as part of a final rule on June 25, 2008. The Department is not changing this amendment, which will go into effect, as scheduled, on November 1, 2008. On November 1, 2008, direct observation collections will be required for all return-to-duty and follow-up DOT tests.

  • 49 CFR Part 40 - August 25, 2008
    • The Department is changing the effective date for mandatory direct observation (DO) for follow-up and return-to-duty testing. DO for FU and RTD drug testing will remain an employer's option until November 1, 2008. The Department is also seeking comments [for 30 days] about whether DO for FU and RTD testing should be mandatory.
    • The rest of the June 25, 2008, final rule goes into effect on August 25, 2008, as scheduled - including the new DO procedures which require observers to check for prosthetic and other devices when specimen collections are observed.

  • 06/25/2008 – Final Rule
    • The Department of Transportation is amending certain provisions of its drug and alcohol testing procedures to change instructions to collectors, laboratories, medical review officers, and employers regarding adulterated, substituted, diluted, and invalid urine specimen results. These changes are intended to create consistency with specimen validity requirements established by the U.S. Department of Health and Human Services and to clarify and integrate some measures taken in two of our own Interim Final Rules. This Final Rule makes specimen validity testing mandatory within the regulated transportation industries.

  • 06/13/2008 – Interim Final Rule
    • The Office of the Secretary (OST) is amending its drug and alcohol testing procedures to authorize employers to disclose to State commercial driver licensing (CDL) authorities the drug and alcohol violations of employees who hold CDLs and operate commercial motor vehicles (CMVs), when a State law requires such reporting. This rule also permits thirdparty administrators (TPAs) to provide the same information to State CDL licensing authorities where State law requires the TPAs to do so for owneroperator CMV drivers with CDLs
    • Click here to view the State Laws Reporting Matrix

  • 09/11/2007 – Informational Notice
    • The Office of Drug and Alcohol Policy and Compliance (ODAPC) is taking action to rectify what may be a mischaracterization of some test results as being substituted specimens. In appropriate cases, ODAPC will reconsider the employee’s original refusal result, when reported from September 1998 through May 2003, and based upon a ‘‘substitution’’ finding in a given numerical range.

  • 01/11/2007 – Interim Final Rule
    • The notice amends and updates the list of devices that conform to the Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids.

  • 08/23/2006 - Final Rule (effective 09/22/2006)
    • Adding state-licensed or certified marriage and family therapists to the list of credentialed professionals eligible to serve as substance abuse professionals. There are also a series of technical amendments to the drug and alcohol testing procedural rule.

  • 03/10/2006 - Notice of Proposed Rule Making
    • Proposal to add state licensed and certified marriage and family therapists to the list of credentialed professionals eligible to serve as Substance Abuse Professionals.
    • Correction: The NPRM incorrectly lists http://www.dms.dot.gov as the web site address for submitting comments on the DOT electronic docket site. The correct web site address is http://dms.dot.gov. Once at the site, click on Comment/Submissions and follow the instructions for submitting comments.

  • 10/31/2005 - Notice of Proposed Rule Making
    • Proposal for drug testing; specifically, specimen validity testing (SVT) (the testing for adulterants and substitutions in urine specimens). There are also a number of recommended changes to the laboratory and medical review officer (MRO) responsibilities with regard to SVT.

  • 11/09/2004 - Interim File Rule
    • Change in instructions to labs and MROs with respect to adulterated, substituted and dilute specimen results.

  • 05/13/2004 - Notice
    • DOT Informational Notice: HHS Drug Testing Proposals.

  • 01/22/2004 - Final Rule
    • Revision of Substance Abuse Professional Credential Requirements.

  • 07/25/2003 - Final Rule
    • Drug & Alcohol Management Information System Reporting.

  • 05/28/2003 - Interim Final Rule
    • Instructions to MROs with respect to reporting specimens as dilute or substituted.

  • 10/01/2002 – Final Rule (effective 10/31/2002)
    • The rule establishes procedures for use non-evidential alcohol screening devices in the DOT regulated industry testing programs.

  • 09/30/2002 – Notice of Proposed Rule Making
    • Proposal to revise the MIS form currently used by the six Operating Administrations (OA) and the United States Coast Guard and to streamline the annual reporting of drug and alcohol program data to the OAs through use of a one-page MIS data collection form. The Department also desires to standardize across the OAs the information collected and to reduce the amount of data reported by transportation employers.

  • 08/09/2001 – Final Rule (effective 08/01/2001)
    • This rule makes a series of technical amendments to the drug and alcohol testing procedural rule. The technical amendments clarify certain provisions of the rule and address omissions or problems identified since the publication of the final rule in December 2000.

  • 05/23/2001 – Compliance Date on Final Rule
    • Authorization for 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.

  • 12/19/2000 – Final Rule (amendments effective 01/18/2001; revisions effective 08/01/2001)
    • The rule revises the drug and alcohol testing procedures regulation. The purposes of the revision is to make the organization and language of the regulation clearer, to incorporate guidance and interpretations of the rule into its text, and to update the rule to include new provisions responding to changes in technology, the testing industry, and the Department’s program.

 

 

 

last updated on: 10/23/08

 

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