Alabama @ Work
By Tommy Eden
On Thursday February 25, 2010 the DOT published three Drug and Alcohol Program Final Rules as follows:
1. One rule adopts in total an Interim Final Rule authorizing employers to disclose to State commercial driver licensing (CDL) authorities the drug and alcohol violations of employees who hold CDLs and operate commercial motor vehicles (CMVs), when a State law requires such reporting. This rule also permits third-party administrators (TPAs) to provide the same information to State CDL licensing authorities where State law requires the TPAs to do so for owner-operator CMV drivers with CDLs. It represents no change to the current regulations.
You can find this rule at: http://edocket.access.gpo.gov/2010/pdf/2010-3729.pdf
2. A second rule updates two important DOT forms - the U.S. DOT Alcohol Testing Form (ATF) and the Management Information System (MIS) Data Collection Form:
• While use of the new ATF is authorized immediately, its use is required by August 1, 2010.
• The new MIS form is authorized for use in 2011 to report calendar year 2010 MIS data.
You can find this rule at: http://edocket.access.gpo.gov/2010/pdf/2010-3731.pdf.
3. The third regulation adopts in total an earlier Interim Final Rule's procedures for using an alcohol screening device. Therefore, it represents no change to our current regulations.
You can find this rule at: http://edocket.access.gpo.gov/2010/pdf/2010-3730.pdf
Common Sense Counsel: There have been many changes in the DOT regulations over the past 2 years and more to come in April 2010 with a change in cutoff level and the addition of ecstasy to the testing panel. Now is a good time to audit you entire DOT training and compliance program.
Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at firstname.lastname@example.org or 334-246-2901. Blog at www.alabamaatwork.com