DOT Proposes Revised Drug and Alcohol Testing Procedures

In a notice of proposed rulemaking (NPRM), the Department of Transportation (DOT) proposed to reorganize and revise its procedures for transportation workplace drug and alcohol testing programs. The DOT requires transportation employers, including those in the maritime industry, to perform drug and alcohol tests on employees performing safety-sensitive functions. As part of this requirement, the DOT requires employers to comply with detailed testing procedures established more than 10 years ago. The DOT proposes to amend its drug testing procedures to address changes in technology and the drug-testing industry, and incorporate guidance and interpretations issued since the testing procedures rule was published. Current DOT regulations require industry to submit "blind" urine specimens to laboratories for drug testing. These samples are unannounced and are meant to ensure the accuracy of the tests. The DOT proposes eliminating the blind specimen requirement for employers with fewer than 2,000 employees subject to testing, and reducing the blind specimen requirement for larger employers. Additionally, the DOT acknowledges its position on stand-downs for transportation employers is inconsistent with its drug testing policies for DOT employees, which allow for stand-downs. Recognizing this inconsistency, the NPRM seeks comment on two alternative approaches: one, continue the present approach that prohibits stand-downs; two, permit stand-downs, with safeguards to protect the privacy rights of employees. Other changes proposed in the NPRM include requiring an employer and its drug testing service agent sign a contract committing both parties to compliance with DOT drug testing regulations; increased training requirements for drug testing sample collectors; and, a new provision requiring that an individual who fails a pre-employment drug test receive the necessary reformatory treatment before being eligible for a safety-sensitive position with any transportation employer. Finally, the proposed rule seeks comment on whether the fact the USCG and the Research and Special Programs Administration do not require employers to collect split samples creates confusion for service agents and employers accustomed to split sample requirements in other transportation modes.