DOT Issues Notice of Changes to Drug and Alcohol Testing Rules
On Aug. 5, 2022, the Department of Transportation (DOT) published an advance notice of proposed rule-making (ANPRM) on workplace drug and alcohol testing requirements.
Specifically, the DOT is requesting public comments on how its regulations for conducting such testing within the transportation industry could be amended to allow electronic signatures on required documents, permit the use of electronic forms and authorize digital data storage.
Any changes to the existing rules would apply to DOT-regulated employers and their service agents in charge of administering DOT-regulated drug and alcohol testing programs.
Drug and Alcohol Testing Requirements
Currently, employers and their service agents must use, sign and store paper documents exclusively, unless they are utilizing a laboratory’s Electronic Federal Drug Testing Custody and Control Form (eCCF) system that has been approved by the Department of Health and Human Services.
The DOT is required by statute to amend its regulations to authorize the use of digital signatures executed on electronic forms instead of handwritten signatures executed on paper forms.
The purpose of these rule changes is to provide additional flexibility and reduce costs across the transportation industry, while also maintaining the integrity and confidentiality requirements within existing drug and alcohol testing regulations.
Next Steps for Employers
DOT-regulated employers and their service agents should review the ANPRM and submit their comments on or before Oct. 4, 2022.
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