The Department of Transportation announced in the November 13 Federal Register that it is amending its drug-testing program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; add methylenedioxyamphetamine as an initial test analyte; and remove methylenedioxyethylamphetamine as a confirmatory test analyte. The changes are effective January 1, 2018.
The revision of the drug-testing panel harmonizes DOT regulations with the revised HHS Mandatory Guidelines established by the US Department of Health and Human Services for Federal drug-testing programs for urine testing. This final rule clarifies certain existing drug-testing program provisions and definitions, makes technical amendments, and removes the requirement for employers and consortium/third-party administrators to submit blind specimens.
- DOT now will require all personnel involved in the drug testing process to subscribe to the ODAPC email list-serve; drug testing personnel will be able to demonstrate knowledge of the most recent drug testing rules by displaying a copy of the most recent list serve email;
- DOT recommends retaining a paper copy of the full Part 40 regulations as a best practice;
- DOT will allow Medical Review Officers (MRO) to perform a secondary test to determine whether a positive marijuana test is due to smoking marijuana, a Schedule I illegal drug, or use of Marinol a Schedule III prescribed drug.
New fatal flaws:
The specimen has no Drug Testing Custody & Control Form (CCF),
Multiple collections were conducted using only one CCF, and
There was no specimen submitted to the laboratory with the CCF.