DOT Publishes Notice of Proposed Rulemaking

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DOT Publishes Notice of Proposed Rulemaking


Published in today’s Federal Register is a DOT Notice of Proposed Rulemaking (NPRM).  The Federal Register NPRM is available at and in the attachment.  Today we will post it on the ODAPC website

The NPRM proposes to:

    1. Align our regulated-industry drug testing with the Department of Health and Human Services (HHS) laboratory drug testing requirements,
    2. Add clarification to certain existing drug-testing provisions,
    3. Remove outdated information from our current regulation, and
    4. Remove the requirement for employers and C/TPAs to submit blind specimens.


  • DOT is required by the Omnibus Transportation Employees Testing Act to follow the HHS requirements for the testing procedures/protocols and drugs for which we test.
  • Primary laboratory proposals include:
    • Testing for four semi-synthetic opioids: hydrocodone, oxycodone, hydromorphone, oxymorphone;
    • Add methylenedioxyamphetamine (MDA) as an initial test analyte;
    • Remove testing for methylenedioxyethylamphetaime (MDEA);
  • Other proposals:
  • Remove, modify, and add specific definitions and to make certain definitions consistent with those of HHS;
  • Remove blind specimen testing;
  • Modify several provisions related to urine specimens;
  • Add emphasis to an existing Part 40 provision that prohibits DNA testing of urine specimens;
  • Add clarification to the term "prescription";
  • Modify sections related to how MROs verify test results related to semi-synthetic opioids;
  • Require collector, alcohol testing technicians, and substance abuse professionals to subscribe to ODAPC's list serve;
  • Remove a list of Substance Abuse Professional certification organizations from rule text and instead maintain the list on ODAPC's web site;
  • Include a provision to prohibit program participants from using DOT-branded items on their websites, publications, etc.;
  • Remove outdated compliance dates;
  • Make various technical amendments.