Federal Bill H. R. 6. the “Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act” or the “Support for Patients and Communities Act,” was signed into law on Wednesday, October 24, 2018, by President Trump. This legislation introduced significant changes to Federal drug testing regulations, particularly for DOT-mandated drug and alcohol testing in the transportation industry.

Impact of New Regulations on Employers

Of greatest importance to DOT-mandated drug and alcohol testing is Title VIII Miscellaneous Section I Fighting Opioid Abuse in Transportation.   The Act establishes specific requirements on the Departments of Health and Human Services (DHHS) and Transportation (DOT) for rule making and implementation of changes to drug and alcohol testing in the transportation industries. 

Deadlines and Compliance Requirements

Highlights of these requirements and the timetables for compliance are below:

  • The Secretary of Transportation must publish a rule by October 24, 2020. It will require alcohol and controlled substance testing for railroad carrier employees performing mechanical activities.
  • By March 31, 2019, the DOT must provide a public database of DOT Drug and Alcohol Testing data. Employers must report data from M.I.S. reports for each mode of transportation. Within two years of establishing the DOT Drug and Alcohol Testing database, the GAO must review the M.I.S. system. They will provide a report to Congress with recommendations on its use, effectiveness, and improvements.
  • Within 180 days, the DHHS must decide if revising the Mandatory Guidelines for Federal Workplace Drug Testing Programs is necessary. The revision would expand the opiate category to include fentanyl on the authorized drug testing panel. DHHS must also determine if other Schedule I or II drugs should be added.
  • A status report to Congress on hair testing for DOT-mandated testing is required within 60 days of enactment. Annual updates must be provided until DHHS publishes hair testing scientific and technical guidelines.
  • Not later than December 31, 2018, DHHS must publish a final notice of the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid. This notice is based on the proposed mandatory guidelines published on May 15, 2015 (94 FR 28054).
  • Within 60 days, the FMCSA administrator must submit a status report to Congress. This report must cover the January 6, 2020, implementation and operation of the Commercial Driver’s License Drug and Alcohol Clearinghouse.

Read it here.