This proposed rule would establish parity between paper and electronic documents and signatures and expand businesses and individuals’ ability to use electronic methods to comply with the Department’s drug and alcohol testing regulation, 49 CFR part 40.
The Department of Transportation (DOT) is finally ready to announce a no brainer proposed rulemaking that was requesting comments for back in 2022.
The DOT is proposing to amend its regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry to allow, but not require:
- electronic signatures on documents required to be created and utilized under the regulations,
- use of electronic versions of forms, and
- electronic storage of forms and data
FMCSA’s rule does not apply to documents that individuals or entities are required to file directly with FMCSA.
While there were a few commenters who were concerned over the risk to personal information from hackers or mismanaged electronic processes and procedures, and misuse of electronic forms and signatures, DOT is proposing to require security measures for electronic forms and signatures used under part 40 that are the same as those currently in place for the electronic CCF specified in 49 CFR 40.40(c)(5).
The regulatory changes would apply to DOT-regulated employers and their contractors (consortium/TPAs) who administer their DOT-regulated drug and alcohol testing programs, MROs, and SAPs and they anticipate significant cost savings for employers and their service agents.
Currently, employers and their service agents must use, sign and store paper documents exclusively, unless the employer is utilizing a laboratory’s electronic Federal Drug Testing Custody and Control Form (electronic CCF) system that has been approved by the Department of Health and Human Services (HHS).
The proposed regulatory amendments are expected to provide additional flexibility and reduced costs for the industry while maintaining the integrity and confidentiality requirements of the drug and alcohol testing regulations.
Comments on this NPRM must be received on or before December 16, 2024.
Drug and Alcohol Testing Services
CNS Occupational Medicine also offers a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).
Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management.
We take all the necessary steps and precautions to keep you and your drivers compliant with the DOT drug and alcohol testing requirements.
For more information, contact us at 800.551.9816 or info@cnsoccmed.com.
