Changes to Department of Transportation Drug Testing Policies

(Winter 2017) Have you heard the news?  The Department of Transportation (DOT) now requires the inclusion of four synthetic opioids for all mandated drug tests.

The new rule took effect on January 1, 2018, and, among other things, expands the substances being tested for in their 5-panel drug test: (changes bolded):

1. Amphetamines (Adderall® Dexedrine®, methamphetamine)
2. Cannabinoids
3. Cocaine
4. Phencyclidine (PCP)
5. Opioids (was called “Opiates”)
   1. heroin
   2. morphine
   3. codeine
   4. hydrocodone (e.g., Vicodin®)
   5. hydromorphone (e.g., Dilaudid®)
   6. oxycodone (e.g., OxyContin®)
   7. oxymorphone (e.g., Opana®)

In addition to the synthetic opioids, DOT also added methylenedioxyamphetamine (MDA), a metabolite ecstasy, to the initial test analyte under amphetamines. (MDA was previously only used in confirmatory testing).

Other rule changes

The change in what drugs DOT is testing for is a big one, but their new rule also made a few other changes that businesses mandated by DOT should be aware of

1. The requirements around blind specimen testing were removed. This change helps eliminate costs and administrative burdens on employers since the accuracy of the testing process has been “consistently established.”
2. Medical review officers (MROs) received clarification of what can be accepted as a “prescription” when verifying a medical explanation for a positive test. Since this term has been used in a variety of contexts (e.g., marijuana prescription, a prescription for over-the-counter drugs), DOT is saying prescriptions must be legally valid under the Controlled Substances Act (CSA).  Specifically, this means no matter what state law says regarding medical marijuana an MRO will rule a test positive for marijuana positive since the CSA classifies marijuana as a Schedule I substance. i.e., has no medical benefits and therefore can’t be prescribed.
3. Employees have five days to work with their physicians to alleviate any safety concerns an MRO may have regarding a prescription before the MRO reports a safety warning related to a negative test.

To read about all the rule changes please visit the Federal Register.

What does the rule change mean for me?

If you are mandated by the DOT, your drug testing policy and procedures may need to adjust to accommodate the rule changes.  Additionally, if you are enrolled in the Ohio Bureau of Workers’ Compensation’s Drug-Free Safety Program (DFSP) you will need to ensure your testing, at a minimum, mirrors these federal requirements.

Since the new rule has already taken effect, if you have not already done so, you’ll need to

1. Review your policy
   1. If your DOT policy lists the substances being tested for in the 5-panel drug test, this section will need to be updated to reference “opioids” instead of “opiates.” Additionally, if the policy contains sub-categories listing the specific types of substances being tested for, you will need to adjust this list.
   2. If your drug-free workplace only follows DOT testing guidelines, you will need to make sure your policy reflects the changes enacted by this new rule as it pertains to your program.
2. Contact your testing vendor.
   1. Verify what drugs you’re testing for: DOT-mandated tests should change to accommodate the new rule, but it’s always good to double-check. If you aren’t mandated by DOT, but mirroring their testing panel, you will need to notify your vendor of your desire to change what drugs you are testing for.
   2. Find out pricing: DOT expects the rule changes to impact the cost of drug tests. To avoid surprises when your bill arrives, be sure to ask your vendor if their prices are changing and by how much.
   3. Obtain updated Custody and Control Forms (CCF): You have until June 30, 2018 before you must use the revised CCF, so if you have a stack of old forms you can use those.  If you’re doing a DOT-mandated test the labs should follow the new rule even with the old form.  However, if you are not doing a DOT-mandated test, but want to follow the new rule, it is a good idea to double-check with your vendor about what version of the form you should use and how it should be filled out.
3. Notify your employees. Drug testing is search and seizure so regardless of why changes are being made, employees need to be kept apprised of what drugs they are being tested for.

If you aren’t mandated by the DOT or enrolled in DFSP, it is still a good idea to, at a minimum, follow the new DOT guidelines.  The DOT guidelines have long been viewed as best-practice for drug testing procedures.

Why the Department of Transportation changed their rule

DOT is required to follow the Mandatory Guidelines established by Health and Human Services (HHS).  In early 2017, HHS changed its guidelines, resulting in DOT updating theirs. Also, with over 140 Americans dying each day from an overdose, the changes will help to combat the opioid epidemic.

“The ability to test for a broader range of opioids will advance transportation safety significantly and provide another deterrence to opioid abuse, which will better protect the public and ultimately save lives,” said Transportation Secretary Elaine Chao who oversees the DOT.

The rule changes also bring the DOT 5-panel drug test in line with what many businesses are already doing.  According to a 2017 National Safety Council study, about 57% of companies drug-test their employees and 59% of those companies test for synthetic opioids.

Testing for both organic and synthetic opioids allows employers to test for the most commonly abused painkillers, protect their business and give employees misusing these drugs a chance to get help.