DOT Updates Anti-Drug and Alcohol Plan Requirements

By Erin Kurilla posted 05-11-2023 01:21 PM

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The regulations for the Pipeline and Hazardous Materials Safety Administration (PHMSA) required Anti-Drug & Alcohol Plans are governed by 49 CFR 199. PHMSA’s regulatory requirements for drug testing procedures and drug testing laboratories references those of the Department of Transportation (DOT), which can be found at 49 CFR 40. In a Final Rule, published on May 2, 2023, DOT has made two potentially impactful changes to their Drug & Alcohol testing regulations:

1. Oral Fluid Testing

a. In a vast majority of situations, this method of testing is only a new option. However, oral fluid collection must be conducted for direct observation collections involving transgender or nonbinary individuals.

Note: The Department of Health and Human Services must certify at least two laboratories to perform these tests before oral fluid testing can be implemented. (see link below)

DOT’s Summary of the Changes

2. Renumbering, reordering, and revision of Part 40 – If your Anti-Drug & Alcohol plan references code sections within 49 CFR 40, you will need to update those references, as DOT has reorganized Part 40. Numerous revisions to urine collection and testing requirements are included in this rule. It is not clear whether these changes materially affect the urine collection and testing process or simply clarify this process and incorporate the new oral fluid testing provisions. You should confirm with your collection sites and testing labs that all updated requirements are being met.

The APGA SIF is currently determining the best way to assist users in incorporating these changes into their existing plans. Please watch for further communication once a solution has been established.

These regulations apply throughout the Department of Transportation and are not specific to PHMSA. APGA is not aware of plans from other trade associations or other modes to request an effective date extension. Please let Erin Kurilla know if you believe it is necessary for us to submit a Petition for Reconsideration of the effective date of this final rule.

For questions on this article, please contact Erin Kurilla of APGA staff by phone at 202-905-2904 or by email at ekurilla@apga.org.

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