MROCC is pleased to announce our new educational offering, The Latest Federal
Drug Testing Regulations CME Activity.
It remains unacceptable for any safety ‐ sensitive employee subject to drug testing under the Department of Transportation's
drug testing regulations to use marijuana.
(a) All collections under DOT agency
drug testing regulations must be split specimen collections.
If you do, you are in violation of this part and DOT agency
drug testing regulations, and you are subject to enforcement action by the DOT agency just as you are for other violations of this part and DOT agency rules.
Not exact matches
NEW
REGULATION COULD HELP GENETIC HEALTH RISK
TEST PROVIDERS: The commissioner of the Food and
Drug Administration (FDA), Scott Gottlieb, announced plans to restructure the regulatory process around direct - to - consumer genetic health risk
tests.
His deregulation economic agenda will affect every other aspect of Canadian life: self -
regulation in food safety; self -
regulation in airline safety; «harmonising»
regulation with the deregulated U.S. on pesticide residues on fruits and vegetables; abandoning separate Canadian
testing of new
drugs and much more.
Pharmaceutical companies have needed to
test more and more potential
drugs, the
tests (and the
regulations that govern them) have become increasingly complicated, and the companies, whose research costs are enormous, have required a faster pace than the academy can provide.
The researchers examined respondents» deference to science on a scale of 0 - 10 when it came to 14 policy issues, including child vaccinations, stem cell research, global warming, child obesity and diet, AIDS prevention, birth control education, legalizing
drug use, gun control,
regulation of nuclear power, animal
testing, and teaching evolution in schools.
Government and state
regulations in the U.S. don't require any
testing and haven't set safety limits for
drugs in water.
When government
regulations prevent Dr. Hess from
testing the
drug through normal channels, his partner Dr. Arbogast (Danny DeVito) develops an unorthodox solution: they will steal a female egg and implant it in Hess, who will carry the child himself.
(5) With respect to any employee who violated a DOT
drug and alcohol
regulation, documentation of the employee's successful completion of DOT return - to - duty requirements (including follow - up
tests).
(c) As the immediate supervisor of an employee being
tested, you may not act as the collector when that employee is
tested, unless no other collector is available and you are permitted to do so under DOT agency
drug and alcohol
regulations.
(h) As an employer, you may also be required to take additional actions required by DOT agency
regulations (e.g., FAA rules require some positive
drug tests to be reported to the Federal Air Surgeon).
(c) The information obtained from a previous employer includes any
drug or alcohol
test information obtained from previous employers under this section or other applicable DOT agency
regulations.
(d) As an employer, when an employee has a verified positive, adulterated, or substituted
test result, or has otherwise violated a DOT agency
drug and alcohol
regulation, you must not return the employee to the performance of safety - sensitive functions until or unless the employee successfully completes the return - to - duty process of Subpart O of this part.
§ 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency
drug and alcohol
testing regulations?
(c) As an employer or service agent, this error, even though not sufficient to cancel a
drug test result, may subject you to enforcement action under DOT agency
regulations or Subpart R of this part.
This proposal also adds clarification to certain
drug -
testing program provisions where necessary, removes outdated information in the
regulations that is no longer needed, and proposes to remove the requirement for employers and Consortium / Third Party Administrators to submit blind specimens.
The rule revises the
drug and alcohol
testing procedures
regulation.
The Department of Transportation is amending its drugtesting program
regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its
drug -
testing panel; add methylenedioxyamphetamine as an initial
test analyte; and remove methylenedioxyethylamphetamine as a confirmatory
test analyte.
The clearinghouse would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal
drug and alcohol
regulations, including mandatory
testing.
As a result of the Omnibus Transportation Employee
Testing Act of 1991, the following DOT Agencies established drug and alcohol testing regulations to ensure that aircraft, trains, trucks, and buses were operated in a safe and responsible
Testing Act of 1991, the following DOT Agencies established
drug and alcohol
testing regulations to ensure that aircraft, trains, trucks, and buses were operated in a safe and responsible
testing regulations to ensure that aircraft, trains, trucks, and buses were operated in a safe and responsible manner.
The Department of Transportation's
Drug and Alcohol Testing Regulation — 49 CFR Part 40, at 40.151 (e)-- does not authorize «medical marijuana» under a state law to be a valid medical explanation for a transportation employee's positive drug test res
Drug and Alcohol
Testing Regulation — 49 CFR Part 40, at 40.151 (e)-- does not authorize «medical marijuana» under a state law to be a valid medical explanation for a transportation employee's positive
drug test res
drug test result.
Federal safety
regulations require that truck and bus companies that employ CDL drivers conduct random
drug and alcohol
testing programs.
Many employees and employers have asked «How do I know if I am subject to the U.S. Department of Transportation
drug and alcohol
testing regulations?»
(c) As an employee, if you refuse to take a
drug test, you incur the consequences specified under DOT agency
regulations for a violation of those DOT agency
regulations.
• The immediate supervisor of a particular employee may not act as the collector when that employee is
tested, unless no other collector is available and the supervisor is permitted to do so under a DOT operating administration's
drug and alcohol
regulation.
What is an employer to do if an arbitrator's decision claims to overturn the result of a DOT
drug or alcohol
test on grounds contrary to DOT
regulations?
The revision of the
drug -
testing panel harmonizes DOT
regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal
drug -
testing programs for urine
testing.
The Department of Transportation is proposing to amend its
drug -
testing program
regulation to add four opioids (hydrocodone, hydromorphone, oxymorphone, and oxycodone) to its
drug -
testing panel; add methylenedioxyamphetamine (MDA) as an initial
test analyte; and remove methylenedioxyethylamphetamine, (MDEA) as a confirmatory
test analyte.
(2) The factual basis for the initiating official's belief that you are not providing
drug and / or alcohol
testing services to DOT - regulated employers consistent with the requirements of this part or are in serious noncompliance with a DOT agency
drug and alcohol
regulation;
(b) This burden is to demonstrate, by a preponderance of the evidence, that the service agent was in serious noncompliance with the requirements of this part for
drug and / or alcohol
testing - related services or with the requirements of another DOT agency
drug and alcohol
testing regulation.
(c) You are the sole determiner of the number and frequency of follow - up
tests and whether these
tests will be for
drugs, alcohol, or both, unless otherwise directed by the appropriate DOT agency
regulation.
Patrice began working with FAA's industry
drug and alcohol
testing regulations as an FAA enforcement attorney more than 20 years ago.
(f) With respect to noncompliance with a DOT agency
regulation, the degree to which the noncompliance affects matters common to the DOT
drug and alcohol
testing program;
(b) For purposes of this subpart, a verified positive DOT
drug test result, a DOT alcohol
test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to
test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or
drugs under a DOT agency
regulation constitutes a DOT
drug and alcohol
regulation violation.
In her role as the Department's decision - maker, she issued the first Public Interest Exclusion against a noncompliant service agent issued in the history of the DOT's
drug and alcohol
testing regulations.
This is the Secretary's safety
regulation that states how to conduct
testing and how to return employees to safety - sensitive duties after they violate a DOT
drug and alcohol
regulation.
Coordinate
drug and alcohol
testing regulations with Canada and Mexico, doing so in accordance with all trade agreements.
(a) As a service agent, the services you provide to transportation employers must meet the requirements of this part and the DOT agency
drug and alcohol
testing regulations.
All
tests conducted using N's services before September 1, and through November 30, are valid for all purposes under DOT
drug and alcohol
testing regulations, assuming they meet all other regulatory requirements.
This document provides information on the specific
regulations that direct the employer's implementation of the DOT
drug and alcohol
testing program.
As a service agent, you may perform for employers the tasks needed to comply with DOT agency
drug and alcohol
testing regulations, subject to the requirements and limitations of this part.
(e) This section's prohibition on using the services of a service agent concerning which the Director has issued a PIE applies to employers in all industries subject to DOT
drug and alcohol
testing regulations.
(b) You may combine employees from more than one employer or one transportation industry in a random pool if permitted by all the DOT agency
drug and alcohol
testing regulations involved.
The Department of Transportation (DOT)
regulation — 49 CFR Part 40 — defines the Substance Abuse Professional (SAP) as a person who evaluates employees who have violated a DOT
drug and alcohol
regulation and makes recommendations concerning education, treatment, follow - up
testing, and aftercare.
For example, if an employee tells you that the employer misidentified her as the subject of a random
test, or directed her to take a reasonable suspicion or post-accident
test without proper grounds under a DOT agency
drug or alcohol
regulation, you must inform the employee that you can not play a role in deciding these issues.
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT
drug and alcohol program
regulation and makes recommendations concerning education, treatment, follow - up
testing, and aftercare.
(3) You must be knowledgeable about this part, the DOT MRO Guidelines, and the DOT agency
regulations applicable to the employers for whom you evaluate
drug test results, and you must keep current on any changes to these materials.
Employers subject to DOT or USCG
drug and alcohol
testing regulations must submit their annual
drug and alcohol
testing data as required by their respective DOT Agency or the USCG.