Integrity Testing – In the News

Federal Drug Testing Custody and Control Form Final Rule Posted for Display — [9/26/2011]

Posted today (9/26/11) for publication in tomorrow's Federal Register is the Department of Transportation's Final Rule regarding the use of the Federal Drug Testing Custody and Control Form (CCF). Importantly, the Final Rule extends the deadline for use of the old CCF until November 30, 2011, and finalizes procedures for use of the new CCF.

New OSHA National Emphasis Program will help protect workers from
chemical and physical hazards in the primary metals industries — [6/2/2011]

The Occupational Safety and Health Administration today issued a new directive establishing a National Emphasis Program for the Primary Metals Industries. The purpose of this NEP is to identify and reduce or eliminate worker exposures to harmful chemical and physical hazards in establishments producing metal products. Click here for more information.

Final Rule (Effective 10/01/2010) — Procedures for Transportation Workplace Drug and Alcohol Testing Programs

The Department of Transportation is required by the Omnibus Transportation Employees Testing Act (Omnibus Act) to follow the HHS requirements for the testing procedures/protocols and drugs which are tested.

Primary laboratory requirements in this final rule include:

Testing for MDMA (aka. Ecstasy)
Lowering cutoff levels for cocaine and amphetamines
Conducting mandatory initial testing for heroin

The Department brought several testing definitions in-line with those of HHS.

Each Medical Review Officer (MRO) will need to be re-qualified – including passing an examination given by an MRO training organization - every five years. The Final Rule eliminated the requirement for each MRO to take 12 hours of continuing education every three years.

An MRO will not need to be trained by an HHS-approved MRO training organization as long as the MRO meets DOT's qualification and requalification training requirements.

MRO recordkeeping requirements did not change from the five years for non-negatives and one year for negatives.

The Final Rule does not allow the use of HHS-Certified Instrumented Initial Testing Facilities (IITFs) to conduct initial drug testing because the Omnibus Act requires laboratories to be able to perform both initial and confirmation testing but IITFs cannot conduct confirmation testing.

Click here for more information.

DOT Publishes a Final Rule on Its Recently Updated Alcohol Testing Form — [07/02/2010]

The Department of Transportation is extending the date for the mandatory use of our recently updated Alcohol Testing Form (ATF) from August 1, 2010 to January 1, 2011. ATF Vendors and users will have an additional 5 months to deplete their current stock of old ATFs. Click here to read the details.

PHMSA Issues Stay of Enforcement: Drug and Alcohol Program Reporting — [03/09/2010]

The Pipeline and Hazardous Materials Safety Administration issues a stay of enforcement regarding the reporting of CY 2009 drug and alcohol testing data. Click here to read all the details.

DOT Has Published Three Drug and Alcohol Program Final Rules — [02/25/2010]

One rule adopts in total an Interim Final Rule authorizing 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 third-party administrators (TPAs) to provide the same information to State CDL licensing authorities where State law requires the TPAs to do so for owner-operator CMV drivers with CDLs. Therefore, it represents no change to our current regulations.

A second rule updates two important DOT forms – the U.S. DOT Alcohol Testing Form (ATF) and the Management Information System (MIS) Data Collection Form.

You can obtain more information about these three rules on our Part 40 Federal Register Publications page.

FAA - Final Rule 14 CFR Part 120 — [August 2009]

Industry Drug and Alcohol Testing Program 14 CFR Part 120 Final Rule Update

Effective July 13, 2009, FAA issued a final rule under 14 CFR Part 120. This new part amends 14 CFR Part 121, including appendices I and J, Part 135, Part 61, 63, and 65, as well as Part 91 to combine all areas regarding the industry drug and alcohol testing requirements into a single part. A copy of this new part is available on the Federal Register (PDF).

Is your policy compliant and up to date with the new rule changes?

Integrity Testing can review you policy and advise if your organization is in compliance with the new FAA Final Rule 14 CFR Part 120.

If you have any questions regarding FAA final rule 14 CFR Part 120, please contact us:

888-339-ITSA(4872)
Contact Integrity Testing

DOT Direct Observation Collection Procedures Final Rule — [August 2009]

Department of Transportation Final Rule: Procedures for Transportation Workplace Drug and Alcohol Testing Programs.

You can link to the Final Rule on the Federal Register website at: http://edocket.access.gpo.gov/2009/pdf/E9-18156.pdf

This Final Rule makes Direct Observation collection procedures mandatory for all return-to-duty and follow-up drug testing.
This provision had been stayed by the United States Court of Appeals for the District of Columbia Circuit; but that stay was lifted on July 1, 2009, following the Court’s unanimous decision to uphold the Department’s position in this matter.
This amendment, therefore, restores the language of 49 CFR 40.67(b) to the version that became a final rule on June 25, 2008.
The Final Rule’s effective date is August 31, 2009.

What Collectors Should Do

Collectors should have written procedures in place to meet the new standards.

Contact Integrity Testing or call 1-888-339-ITSA(4872) to obtain more information or training.

What Employers Should Do

Update policies and put the new rule 49 CFR 40.67(b) in place
Distribute the updated policies to employees
Provide employees with an education session to explain the new changes and how it effects them, and the collections process when they are called for testing.
Contact Integrity Testing or or call 1-888-339-ITSA(4872) for assistance with policy updates and employee education sessions.

ODAPC Issues Final Rule - Direct Observation Collections — [August 2009]

Direct Observation Collections Mandatory for Return-to-Duty and Follow-Up Testing
Effective August 31, 2009

ODAPC published a Final Rule in the Federal Register which restores mandatory direct observation (DO) collections for all return-to-duty and follow-up testing. This DO drug testing rule is applicable to return-to-duty, safety-sensitive transportation industry employees who have previously tested positive or refused to take a prior drug test.

All employees who go for return-to-duty and follow-up tests on and after the effective date must have their collections observed. This includes employees currently in follow-up testing programs who will still be in those programs on and after August 31st.

Some employers and labor organizations may have entered into collective bargaining agreements that prohibit or limit the use of DO collections in return-to-duty and follow-up testing situations. When this final rule goes into effect, conducting all follow-up and return-to-duty testing using DO collections will be a requirement of Federal law.

Safety is the highest priority of the U.S. Department of Transportation and restoring the direct observation drug testing rules helps to support this mission.