DOT Regulations

California has implemented new requirements in the procedures for testing for THC among some employees. The law DOES NOT make it illegal to test for Marijuana. You CAN continue your drug free workplace program. Drug free workplace programs and testing for THC is still legal in California. The law creates a requirement of confirmation by a lab of a particular metabolite of THC prior to making any employment related decisions. This metabolite can be confirmed by utilizing saliva testing instead of urine.

At the beginning of each year the Department of Transportation (DOT) requires certain employers to submit the testing totals of all Federal tests completed from the previous year. If you are unfamiliar with this process and recently received a letter from DOT the process to complete the request is simple. The request letter from DOT will list the specific mode of the Department of Transportation that is requesting the statistics, a deadline for submittal, as well as specific instructions on the website to submit the information with a username and password to submit the information.

§ 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains?

Most reports of a negative-dilute specimen are nothing to be concerned with, however some situations can be a red flag and require further testing. The main thing to note is that a negative-dilute specimen is NOT the same as a positive result. A dilute specimen is just that....a dilute specimen. Dilute specimens that are positive are not reported as positive-dilute they are reported as a positive. The dilute status is not of concern. Whenever receiving a dilute specimen report, it is important to have an MRO involved in the review process, even if the test is a Non-DOT.

The FTA Drug and Alcohol Regulation

A May 1 Federal Register notice extended the comment period for an Advanced Notice of Proposed Rulemaking (ANPRM) that was published on March 17, 2014. In that document, the FAA sought input on its intent to amend the FAA’s drug and alcohol testing regulations to require drug and alcohol testing of certain maintenance personnel outside of the United States.

FMCSA Notification:

Driver/Carrier:

The Federal Aviation Administration (FAA) has provided new suggested formats and forms for drug and alcohol testing programs for aviation employers; these include forms to Authorize the Release of Drug and Alcohol Testing Records, Drug and Alcohol Posting and Policy Samples, Inspection Documents, and more.