Suggested Policy Addendum for New DOT Drug Testing Rule

This following is not legal advice, it is provided for your information and is a sample addendum to update the DOT Drug & Alcohol Policy in accordance with the new DOT rule effective 01/01/2018.

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DOT Drug & Alcohol Policy Addendum
Dated 01/01/2018

DOT 5 Panel Urine Drug Test

As specified in DOT regulations 49 CFR part 40 with the Cut Off levels listed in DOT regulations 49 CFR part 40; the following substances will be tested for:

  1. Marijuana metabolites
  2. Cocaine metabolites
  3. Phencyclidine
  4. Opioids – codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone & hydromorphone
  5. Amphetamines -amphetamine, methamphetamine, MDMA & MDA

Some common names for the new semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, and Exalgo®.

DOT Covered Employees and New Opioids Testing

An essential DOT covered employee job duty is the ability to perform job functions in a constant state of alertness, and safe manner. Prescribed use of the semi-synthetic opioids prescription drugs could render a DOT covered employee as medically unqualified under an applicable DOT agency regulation or is likely to pose a significant safety risk.  This may trigger a reporting obligation by the MRO to your employer.  DOT covered employees with prescriptions as listed in the section above (semi- synthetic opioids prescription drugs) should visit with their prescribing physician to determine if an alternative treatment or medication is available.

When a laboratory positive test is reversed due to a prescribed opioid, the Medical Review Officer (MRO) has been directed by DOT to first provide the employee with up to five business days after the reporting of the verified negative result to have the prescribing physician contact the MRO to determine if the medication(s) can be changed to one that does not make the employee medically unqualified or that does not pose a significant safety risk before reporting the safety concern.

DOT covered employees should make sure all prescriptions are up to date and current. Any prescriptions past their expiration date may not be accepted by the MRO as a valid current prescription and so may not constitute a valid medical excuse under DOT regulations.

CDL Drug and Alcohol Clearinghouse

FMCSA regulation for the CDL Drug and Alcohol Clearinghouse date for final compliance is January 6, 2020.  Motor carriers, designated service agents, medical review officers and substance abuse professionals will be required to submit a variety of drug and alcohol test-related records to the clearinghouse.  Drug and alcohol test information will be reported to the Clearinghouse beginning January 6, 2020 so Drivers are encouraged to seek substance abuse treatment if they currently have a problem with the misuse of alcohol and/or use of a controlled substance(s).

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Suggested Policy Addendum for New DOT Drug Testing Rule
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