Part 40 Final Rule – DOT Summary of Changes
Today, November 13, 2017, the Department of Transportation (DOT) published a final rule in the Federal Register (82 FR 52229). The rule, among other items, added four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). It also added methylenedioxyamphetamine (MDA) as an initial test analyte and removed the testing for methylenedioxyethylamphetaime (MDEA).
When is the final rule effective?
The final rule is effective January 1, 2018.
What does this mean for employees?
You will also be tested for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. In addition, you will no longer be tested for MDEA.
What does this mean for employers and Consortium/Third Party Administrators (C/TPA)?
As an employer or C/TPA, you will no longer be required to submit blind specimens to laboratories.
What does this mean for urine collectors?
The shy bladder process has been modified so that the collector will discard any specimen provided during the collection event when the employee does not provide a sufficient specimen by the end of the three hour wait period.
What does this mean for laboratories?
As an HHS-certified laboratory you will:
What does this mean for Medical Review Officers (MRO)?
Several of your MRO drug test review processes have been modified. For example:
What does this mean for alcohol technicians?
The list of NHTSA-approved Alcohol Screening Devices and Evidential Breath Testing Devices will appear on ODAPC’s website.
What does this mean for service agents?
What are some of the other changes to Part 40?
Where can I find a copy of the final rule?
You can view the final rule on ODAPC’s web site www.transportation.gov/odapc/frpubs.
NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule. ODAPC encourages affected entities, including employers and service agents, to review the final rule.
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