Federal Aviation Administration
FAA Approved Consortia: Since 49 CFR part 40 contains requirements for consortia; the FAA eliminated its consortia approval process. All FAA approvals are rescinded and consortia that were previously approved by the FAA can no longer state that they are "FAA Approved." The FAA has also replaced references to consortia within the regulations with the term "C/TPA." Employer drug and alcohol program plans are still required to be filed and approved by the FAA, and C/TPAs may continue to prepare and forward the employer’s plan submissions to the FAA as long as the employer signs and certifies the document. In addition, employers who previously submitted a “Consortium Member Antidrug/AMPP Certification Statement” do not need to resubmit their plans since they are substantively the same as the individual plans now required. Previously only “FAA Approved” consortia could combine employees from different employers, however, now that practice is allowed by all C/TPAs.
Allowing testing for drugs other than the NIDA 5 – Previously, employers could get approval from the FAA to test for additional drugs for which the Department of Health and Human Services had established an approved testing protocol. Since §40.85 prohibits testing for additional drugs, the FAA has removed this from their regulations.
Substance Abuse Professional (SAP) and Medical Review Officer (MRO) Responsibilities– MROs may perform both MRO and SAP responsibilities, however, to do so he/she must meet both the MRO and SAP qualifications as outlined in CFR 49 part 40. Previously the MRO would determine when a return to duty test would occur and the number of follow-up tests and employee should have. These responsibilities have been transferred to the Substance Abuse Professional (SAP).
Holders of 14 CFR part 67 medical certificates – The responsibility of forwarding the SAP report to the Federal Air Surgeon has been transferred to the employer.
Federal Motor Carrier Safety Administration
Employee Admission of Alcohol and Controlled Substances Use – The FMCSA added a new section into the regulations allowing, but not requiring, employers to establish programs that permit employees to self-identify drug use or alcohol abuse without DOT consequences. In the program, the employee must disclose his/her drug or alcohol problem prior to reporting for safety-sensitive duty on any given day. If the employee fails to obtain the recommended treatment, he/she is considered to have violated the conditions of the employer’s self-admission program. The employee must then be removed from safety-sensitive duty and complete the DOT required return to duty process.
Random Testing– Rather than publishing the random testing rate at the beginning of each year, the FMCSA will publish the rates only when a change in the rates is required. In addition, the regulations have been clarified to state that each driver selected for testing shall have an equal chance of being tested each time selections are made. This is to prohibit employers from choosing “alternates” when the employee selected for testing is unavailable.
Federal Railroad Administration
Most changes only to conform to CFR 49 Part 40.
Federal Transit Administration
CFR 49 parts 653 and 654 combined into one document – CFR 49 part 655
Access to Records – The FTA has added a paragraph authorizing an employer to disclose drug and alcohol testing information required to be maintained by the regulation to the state oversight agency or grantee required to certify compliance with the CFR 49 parts 40 and 655 to the FTA.
Maintenance Contractors – The FRA reiterated that maintenance contractors are subject to the requirements of CFR 49 part 655, however, has made three exceptions to the requirement. (1) Recipients funded with 49 USC 5311 funds and that contract out maintenance service are exempt. (2) Recipients of Federal transit funds under 49 USC 5307 and 5309 in an area with less than 200,000 in population that contract out maintenance service are exempt. (3) Maintenance providers of safety-sensitive functions that are used on an ad-hoc or one-time basis are exempt.
Pre-employment testing – Previously the FTA regulations stated that a person could not be hired, until a negative drug test result had been obtained. This regulation has been changed to state that the person cannot perform safety-sensitive functions prior to receiving a verified negative drug test result. The FTA also clarified that a person who has been absent from his/her position for 90 days or more and has not been in the random testing pool, must take a pre-employment test prior to resuming safety-sensitive functions. If the person remained in the random testing pool during the time, he/she does not need to take another pre-employment test.
United States Coast Guard
Substance Abuse Professional (SAP) and Medical Review Officer (MRO) Responsibilities– MROs may perform both MRO and SAP responsibilities, however, to do so he/she must meet both the MRO and SAP qualifications as outlined in CFR 49 part 40.
Reporting of Positive Test Results – While positives have been required to be reported to the Coast Guard Officer in Charge, Marine Inspection by the crewmember’s employer, this section has been changed to include reporting by the "sponsoring organization." In addition, Medical Review Officers are encouraged in § 16.203 (b) (2) to report verified positive test results to the Coast Guard, especially for unemployed or self-employed mariners.
Access DOT's Modal Regulations.
