49 CFR Part 40

Do You Need an Update?

Recently published on May 2, 2023, The Department of Transportation (DOT) published a Final Rule (88 FR 27596) to harmonize Part 40 with the U.S. Department of Health and Human Services (HHS) drug testing policy regarding saliva testing. These changes go into effect June 1, 2023, and effect DOT-regulated employers such as:

• Federal Transit Administration
• Federal Motor Carrier Safety Administration
• Federal Aviation Administration
• Pipeline and Hazardous Materials Safety Administration
• Federal Railroad Administration
• United States Coast Guard

It should be noted that employers do not need to update their policy if it refers to “following Part 40,” unless the policy:

• Specifically, states ‘urine’ is the only specimen authorized for drug testing.
• “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.”
• When oral fluid collection will be authorized in the event of “Shy bladder” and direct observation.

It should also be noted that it is an employer’s choice to provide written notice to employees of updated DOT policy changes. However, it is not mandatory, but highly encouraged. But fear not, that is why you follow Transportation Compliance Associates, Inc. for all your training, compliance, and industry news!

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