On Nov. 10, 2017, the Department of Transportation (DOT) published new regulations that modify drug testing programs. The changes became effective Jan. 1 and apply to all DOT agencies. The final ruling aligns the DOT panel with the Department of Health and Human Services (HHS) panel change that went into effect Oct. 1, 2017.
Edward Cavazos, senior director of national field operations for DISA Global Solutions, said, “We’re glad the DOT has updated their regulations to match the HHS. These changes should help keep our roads safer and will go a long way toward preventing abuse in such a safety-sensitive industry.”
The revised DOT-regulated programs test for additional Schedule II substances including hydrocodone, hydromorphone, oxycodone and oxymorphone. Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid® and Exalgo®. Under amphetamines, MDEA has been removed for confirmatory testing, and MDA has been added as an initial test analyte.
For the new semi-synthetics to be properly named, the new DOT panel has been amended to change the word “opiate” to “opioid.” Opiates, such as morphine and codeine, contain or are directly derived from opium. Opioids, such as oxycodone, produce similar effects to opiates but are not derived from opium.
James Stanley, director of transportation for DISA Global Solutions, said, “I see this as a pivotal moment in the national opioid epidemic. With the HHS and DOT now testing for synthetic opioids, we should see a decrease in use from safety-sensitive positions, and hopefully additional companies and government agencies will expand their panels as well.”
The DOT has removed the requirement for HHS-certified labs to perform blind specimen testing. Since laboratories are subject to biannual inspections and quarterly proficiency testing through the HHS National Laboratory Certification Program (NLCP), the DOT stated no concern that the proficiency levels and standards of Substance Abuse and Mental Health Services Administration (SAMHSA)- certified labs will suffer. However, the employee maintains the right to request the test of his or her split specimen.
Medical review officers (MROs) are now allowed, at their discretion, to authorize testing for THC-V. THC-V differential testing can distinguish whether a THC positive is due to the smoking of marijuana, a Controlled Substances Act (CSA) Schedule I illegal drug, or is due to the use of Marinol, a CSA Schedule II prescribed pharmaceutical.
In addition, the language has been updated to reflect that a prescription refers to a legally valid prescription. By changing the language to refer to a legally valid prescription, Part 40 reiterates the position that medical marijuana is not permitted under DOT regulations. MROs cannot treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a DOT drug test that is positive for marijuana.
The updates reiterate that only urine drug testing specimens are allowed for DOTregulated testing and that the specimens must be screened and confirmed at HHS-certified laboratories. Point-of-collection testing, hair testing and oral fluid testing are not currently permitted under Part 40. Also added is a statement reiteration that DNA testing of urine specimens is not authorized and the Office of Drug and Alcohol Policy and Compliance will not give permission for such testing at this time.
These new guidelines went into effect Jan. 1, and all employees and/or employers who must comply with DOT regulations are impacted. Remember, state laws often follow DOT and SAMHSA guidelines but are not included as part of the new DOT changes. And finally, the new federal chain of custody form approved in August 2017 may be used beginning 12:01 a.m. Jan. 1, but employers have until June 30 to use old forms without a “memorandum of the record” being required.
For more information about DOT compliance and drug testing, visit www.disa.com or call (800) 752-6432.