The U.S. Department of Transportation is proposing changes to its workplace drug and alcohol testing regulations.
In a notice of proposed rulemaking published in the Federal Register on Oct. 15, the U.S. DOT proposed changes that would allow for the use of electronic signatures, forms and recordkeeping by agencies administering DOT-regulated testing programs.
Currently, entities conducting drug and alcohol testing are required to use, sign and store paper documents exclusively. The proposed amendments would allow, but not require, the use of electronic signatures, forms and storage of that data and would apply to all employers and contractors responsible for administering DOT-regulated drug and alcohol testing programs.
“Many employers and their service agents have already instituted the use of electronic signatures, forms, and records storage for the non-DOT regulated testing that they conduct,” the agency said. “DOT supports this transition to a paperless system and is committed to ensuring that the movement to a partially or fully electronic part 40 is done to maximize program efficiencies and reduce costs, while maintaining the integrity and confidentiality requirements of the program.”
According to the agency, the proposed changes “are expected to provide additional flexibility and reduced costs for the industry while maintaining the integrity and confidentiality requirements of the drug and alcohol testing regulations.”
In August 2022, the agency published an advance notice of proposed rulemaking in regards to allowing electronic signatures, forms and recordkeeping. At that time, the U.S. DOT requested public comment, as well as input from “DOT-regulated employers and their service agents regarding if and how they are already handling electronic signatures, records transmission, and records storage in their non-DOT testing programs.”
In total, the agency received 72 comments from various industry stakeholders in response to the advance notice of proposed rulemaking. According to the agency, most commenters “were supportive of changes” that would permit – but not require – the use of electronic signatures and recordkeeping.
Those who submitted comments opposed to the changes cited “concerns over the need for the rulemaking, risk to personal information from hackers or mismanaged electronic processes and procedures, and misuse of electronic forms and signatures.”
Jay Grimes, director of federal affairs for the Owner-Operator Independent Drivers Association, said the Association has generally supported the expansion of electronic signatures for drug testing protocols. Grimes added that the notice of proposed rulemaking “seems like a positive,” but emphasized the importance of protecting personal information.
“We believe expanding the use of electronic signatures could be more efficient for drivers, thereby providing drivers with more flexibility and costs savings,” Grimes told Land Line. “However, DOT must ensure proper safeguards to protect driver’s personal privacy as well as the reliability and accuracy of the DOT drug testing process.”
A 60-day comment period is now open for the U.S. DOT’s proposed changes. Comments must be received on or before Dec. 16. LL
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