The U.S. Department of Transportation announced that, among other revisions to its drug and alcohol testing regulations; it will expand its drug testing panel to include four “semi-synthetic” opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone. These changes are being made to harmonize DOT’s drug testing regulations with recent revisions to the U.S. Department of Health and Human Services’ Mandatory Guidelines for Federal Workplace Drug Testing Programs that took effect on October 1, 2017. The changes to DOT’s rules take effect on January 1, 2018.
DOT-regulated employers include those regulated by the Federal Motor Carrier Safety Administration, Federal Aviation Administration, Federal Railroad Administration, Federal Transit Administration, Pipeline and Hazardous Materials Safety Administration, and the United States Coast Guard.
Prescription Painkiller Epidemic
The addition of the semi-synthetic opioid drugs is intended to address the nationwide epidemic of prescription painkiller abuse. Hydrocodone, hydromorphone, oxycodone and oxymorphone are Schedule II controlled substances and are more commonly known as Vicodin, OxyContin, Lortab, Norco, Percocet and Dilaudid, among others. DOT still refers to its drug testing panel as a 5-panel, but the term “opiates” is being changed to “opioids” and now will include these four synthetic substances in addition to heroin, morphine and codeine. The Department of Health and Human Services explained that the four prescription pain medications were added to the standard testing panel because data indicates that although they are prescribed, they are the prescription pain medications that are most frequently used without medical authorization.
DOT regulations still permit the employee to produce a legitimate medical explanation for the presence of drugs in his/her system, but the Medical Review Officer is not permitted to question whether the prescribing physician should have prescribed the substance.
In addition, DOT will add methylenedioxyamphetamine (MDA) as an initial test analyte, and remove methylenedioxyethylamphetamine (MDEA) as a confirmatory test analyte.
Other Revisions
DOT’s new rules also make certain technical amendments, clarify certain definitions and remove the requirement for employers and Consortium/Third Party Administrators to submit blind specimens. Among other things, the definition of “drugs” has been revised to include “opioids” instead of “opiates”, and the definitions of “evidential breath testing device” and “alcohol screening device” have been revised.
For additional information on the new rules and changes, check out the Federal Register.
As always, please be sure to contact your HR Business Partner if you have any questions.
Coverage: DOT regulated employers.
Effective: January 1, 2018
Action Required: DOT-regulated employers should review and revise their drug and alcohol testing policies, as necessary, to conform to the regulations.
* Produced in cooperation with Jackson Lewis P.C.