Transcript DOT update, drug and alcohol testing

DOT UPDATE
Drug & Alcohol Testing
June 2016
Presented by: Dr. Donna Smith
Regulatory Compliance & Program Development Officer
[email protected]
EDPM, Inc.,
505 20th Street North, Suite 1200, Birmingham, AL 35203-4610
800.833.4610 | www.edpm.com
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Proposed Changes in Drug
Testing
o There are 3 major rulemakings underway that affect
DOT drug testing
• Adding lab-based oral fluid drug testing as a
specimen for testing under OTETA
• Expanding the drug testing panel to include
Schedule II opiate/opioid drugs (e.g. hydrocodone,
hydromorphone, oxycodone, oxymorphone)
• Requiring positive and refusals to test on drivers
to be reported to a central, national database
Oral Fluid Drug Testing
o Oral fluid specimens would be collected using
FDA/HHS approved collection devices—most
likely a pad or swab device
o Specimen analyzed at a DHHS certified laboratory
• Drug panel, analytes, and cut-off levels established by
DHHS—similar to urine drug testing panel
• Screening and confirmation analysis required
o Split specimen collection required
• Using 2 collection devices simultaneously or
sequentially
Oral Fluid Drug Testing
o Many see oral fluid testing as less “invasive/
embarrassing” than urine specimen collection
o May be able to be used when donor has a
“shy bladder”
o Possible use after a negative dilute, invalid or
other urine drug test result
o Critics are concerned that window of
detection for drug use may be shorter than in
urine
Oral Fluid Drug Testing
o Final HHS Guidelines on oral fluid drug testing may be
issued this year (2016)
o Effective date will be several months after final
Guidelines to accommodate laboratory certification
process, proficiency testing by the NLCP, etc.
o DOT supports using oral fluid drug testing in programs
governed by 49 CFR Part 40.
• OTETA and administrative procedures will require DOT to
publish revisions to Part 40, including an NPRM, final rule
and effective/implementation date
• Likely not in place before 2017
EXPANDED DRUG PANEL
o DHHS has recommended additional Schedule II
drugs/metabolites for the federal drug testing panel
o Data indicates that prescription narcotic painkiller
medication abuse is a greater problem and greater
threat to public safety than illicit drug use
o The opiate drugs/metabolites that will be added are:
• Hydrocodone, hydromorphone, oxycodone, oxymorphone
o The intent is for the urine and oral fluid panels to test
for the same drugs/metabolites
o No plan to include methadone or tranquillizers on
federal drug testing panel at this time
EXPANDED DRUG PANEL
o There is no plan to remove any of the
drugs/metabolites from the current testing panel
o Once HHS has finalized the analytic methods, cut-off
levels, etc. a final rule will be published
o DOT strongly supports the inclusion of the Schedule II
opiate/opioid drugs in the federal testing panel
• DOT plans to adopt the changes to the HHS Guidelines
expanding the federal testing panel
o Time line for implementation of the expanded drug
testing panel for DOT testing is at least 12 months
away.
Hair Testing for Drugs of Abuse
o DHHS and DOT are pursuing the use of hair
testing for federal drug testing programs
o Hair testing provides a longer “window of
detection” for drug use, however best detects the
chronic or frequent drug abuser
o Hair testing may be most appropriate for preemployment and random testing
o A proposed hair testing rule may be issued in late
2016 or 2017 by DHHS; final implementation for
hair testing under DOT rules is at least 2 years
away.
Federal Data Base on Drug & Alcohol
Violations
o FMCSA has been directed to develop and maintain a
federal data base/clearinghouse of CDL drivers (including
school bus operators) who have drug/alcohol violations
(positive tests, refusals to test, etc.)
o Process has been on-going for over 6 years and still no data
base. Major obstacle has been funding for the project
• 2012 legislation again included clearinghouse requirement
with a 2014 deadline for FMCSA to issue implementing
regulations
• The FMCSA issued a proposed rule for the “clearinghouse”; in
2014 and the public comment period ended in May 2014
• The FMCSA is reportedly going to issue a final rule for the
clearinghouse in 2016
Federal Data Base on Drug & Alcohol
Violations
o Major objective of the clearinghouse is to
prevent drivers from “employer hopping”
after violations without going through SAP
and rehab process
o Prior employer violations check has been
ineffective; especially for tracking drivers who
test positive on a pre-employment drug test
For More Information, visit www.edpm.com