• The Department of Transportation has reached a final rule on the revision of 49 CFR Part 40 – The changes take place on June 1st, 2023. This final rule amends the U.S. Department of Transportation’s regulated industry drug testing program to include oral fluid testing.  This additional methodology for drug testing will give employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program. In order for an employer to implement oral fluid testing under the Department’s regulation, the U.S. Department of Health and Human Services (HHS) will need to certify at least two laboratories for oral fluid testing, which has not yet been done. Preferred Alliance, Inc. will be closely monitoring the updates and it is our goal to provide Oral Fluid collection services at some point. We will need to train staff (Collectors) to conduct oral fluid collections. Until then, we will continue to conduct urine collections as we do currently. Once we can offer this new service, we will notify you so you may elect to use oral fluids as an alternative drug test under certain circumstances (such as shy bladder, and/or direct observation collection). In addition, this rule amends the FAA, FMCSA, FRA, and FTA regulations to ensure consistency within the Department of Transportation by removing or adjusting references to the word “urine” and /or adding references to oral fluid, as well as, removing or amending some definitions for conformity and to make other miscellaneous technical changes or corrections. Please find the following link to a summary of the changes: https://www.transportation.gov/odapc/Notice_Summary_May_2023
  • FMCSA Pre-employment Requirement Will Go Into Effect January 6, 2023 – On November 4, 2022, the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse published information titled “Pre-employment Investigations for Drug and Alcohol Program Violations.” The Clearinghouse notice is a reminder to certain employers regarding a change requirement that will go into effect on January 6, 2023. On that date, three years of violation data will become available in the Clearinghouse and a pre-employment Clearinghouse query will satisfy the requirement to investigate whether a prospective driver had previous drug and alcohol program violations, as required by 49 CFR 391.23(e). This query will also satisfy the requirements of 49 CFR 40.25. Please be aware the Clearinghouse contains only information about a driver’s drug/alcohol testing history when employed by FMCSA-regulated employers. If an employer is considering an applicant who was employed by an employer regulated by a DOT agency other than FMCSA (such as the Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.), that applicant’s information would not be reported to the Clearinghouse. In these situations, the employer still is required to directly request drug and alcohol violation information from those DOT-regulated employers in accordance with 391.23(e)(4)(ii) and 40.25. For any questions, please contact FMCSA’s Drug and Alcohol Clearinghouse at clearinghouse@dot.gov – Read more: https://clearinghouse.fmcsa.dot.gov/
  • On August 17, 2020, the Office of Management and Budget (OMB) approved a revised Federal Drug Testing Custody and Control Form (CCF). In addition, OMB authorized the use of the old form through August 29, 2021. You can view the revised CCF here.
  • Department of Transportation (DOT) recently published updates to the final rule 49 CFR Part 40. Read the DOT Summary of Changes and the Court Decisions and Legislation regarding this final rule effective January 1, 2018.
  • SAMHSA previously published a request for public comment on its September 1, 2013, proposed implementation that the Office of Management and Budget (OMB) allow the use of a new Federal CCF and eCCF technology in federal workplace drug testing programs.
  • OMB continues evaluation of privacy and security issues surrounding eCCF information collections and has only authorized extending the use of the approved/current Federal CCF for participants in HHS and DOT drug testing programs. Using eCCF has not been approved as of August 30, 2013. An update from NLCP will be issued when available.
  • Drug testing service providers including employers, MROs, and collectors/collection organizations should visit the DOT/FTA website for complete information.
  • SAMHSA published a Federal Register Notice (1.2MB PDF) on July 15, 2013, regarding Agency Information Collection. The content of this Notice includes the Federal Custody and Control Form (Federal CCF) and authorization for an electronic CCF (eCCF).
  • Published in the Federal Register Notice (155KB PDF) on September 27, 2011, the Department of Transportation’s Final Rule regarding the use of the Federal Drug Testing Custody and Control Form (CCF). Importantly, the Final Rule extends the deadline for use of the old CCF until November 30, 2011, and finalizes procedures for use of the new CCF.