ODAPC encourages affected entities, including employers and service agents, to review the final rule. NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule. PHMSA regulations require a written anti-drug plan not a drug policy, so all references to “policies” in this notice apply to PHMSA written anti-drug plans, not to a drug policy. This document replaces the previous Employer DOT Policies - Part 40 Changes notice from 2017. While these DOT Agencies and USCG suggest that employers provide written notice to employees about their updated DOT policies, doing so is an employer's prerogative.Employees do not have the option to choose what testing methodology will be used.Similarly, the policy will need to state if oral fluid collections will be authorized for shy bladder situations and direct observation collections. If the employer is authorizing oral fluid testing, the policy will need to state the testing events (e.g., pre-employment, random, follow up) for which an oral fluid collection will occur.For those with existing NYS Operating Authority, a notarized Carrier Certification System. Starting Monday, December 6, 2021, applications must be submitted through the Carrier Certification System. If the policy specifically states that ‘urine’ is the only specimen authorized for drug testing, then that text will need to be updated to read ‘urine and/or oral fluid’. The Department will no longer be accepting paper applications for New York State (NYS) Operating Authority after Friday, November 19, 2021. 50 Wolf Road, POD 5-3 Albany, New York 12232 Registration and Licensing File an application by visiting the Carrier Certification System.Part 40.” However, there are exceptions when an employer’s DOT policy lists the following optional information: This template is built according to the guidelines of the Federal Motor Carrier Safety Administration ( FMCSA) under the U.S. There is no need for employers to make any changes if their current DOT policies refer to adhering to “. A driver log sheet template is a tool used by heavy vehicle or truck drivers to provide accurate information for their fleet manager's proper recordkeeping. The Federal Transit Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, Pipeline and Hazardous Materials Safety Administration, Federal Railroad Administration, and USCG take this position:.The DOT Agencies & United States Coast Guard (USCG) have provided guidance to DOT-regulated employers about what their DOT policies will need to contain about the changes to 49 CFR Part 40, which are effective June 1, 2023. This final rule, among other items, amends the DOT’s regulated industry drug testing program to include oral fluid testing. On May 2, 2023, the Department of Transportation (DOT) published a final rule in the Federal Register ( 88 FR 27596). Part 40 Federal Register Notices, Court Decisions, LegislationĭOT Drug Testing: Employer DOT Policies – the Part 40 Changes. ![]() Substance Abuse Professional Guidelines.DOT Agency / USCG Information & Regulations.49 CFR Part 40 (Drug and Alcohol Regulations).Breath Alcohol & Screening Test Technicians and Approved Devices.
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