... A Conversation with Robert Schoening about Electronic CCF for DOT Drug Testing ... Bob, your articles were fantastic - when will the eCCF actually be used in the industry for DOT drug testing? October 13, 2014
Two good questions. My thoughts on this are:
1. HHS: Needs to ensure that all labs have a Federal E-CCF that meets or looks like the proposed form that OMB approved. HHS also needs to post on the OMB Docket with a final signed version of the PIA (Privacy Impact Assessment) and needs to post that in the Federal Register. Furthermore, HHS/SAMHSA have to finalize and post in the Federal Register all guidance documents. That should take not more than about 4 - 6 months to do.
2. DOT: Have to wait for HHS to complete the stated OMB requirements. But DOT can prepare a Notice of Proposed Rulemaking (NPRM) to publish on the day or soon thereafter when SAMHSA publishes the PIA (Privacy Impact Assessment). I would expect that there will be a 60 day comment period but not more than 120 days for comments. They have to have a minimum of 30 days for comments on all rule making processes. Depending upon the number of comments received, it should take anywhere from 30 days up to however how long to take and analyze the received comments.
There is a process for analyzing comments and each section of the received comments. The other factor is if OMB will make a "Significance Determination" for this rulemaking? If they do it will extend the time that DOT will have to have to finalize the final rule? Been through that determination and it is not any fun.
DOT can work with SAMHSA on this process in a harmonious relationship. They can also communicate with OMB to help facilitate this process. Just so you know OMB is full of lawyers and each agency has a desk at OMB with their respective attorney. Cumbersome, yes it is but that is our government today. If Obama acts up and wants some favorite regulations pushed through before the end of his term that will slow up the process even more. Each President has done this so Obama will not be alone.
I still stand by my statement way earlier on LinkedIn that it will take up to 18 months from the day that OMB approved the E-CCF before it will reach industry. I could be wrong and it could be shorter or much longer.
Robert Schoening Speaks on the Electronic CCF for DOT Drug Testing - eCCF
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