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Changes to 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs Effective October 1, 2010


Mobile Medical Corporation (MMC)
 Drug Testing Industry Alert!

Introduction
The Omnibus Transportation Employees Testing Act (Omnibus Act) requires the Department of Transportation (DOT) to follow Department of Health and Human Services (DHHS) requirements for testing procedures/protocols and drugs. Most of the changes to 49 CFR Part 40 were made to meet specific DHHS guidelines for laboratory procedures, drug cut-off levels, and drugs. These guidelines apply to federal employees and employees in federally regulated industries, such as transportation and nuclear, as well as state regulations that mandate compliance with DHHS guidelines.

Changes
On October 1, 2010, The following changes to the DHHS and DOT drug testing panel will be required:

Amphetamines
§ Decrease the Amphetamines screening cutoff from 1000 ng/mL to 500 ng/mL;

§ Decrease the confirmation cutoff of both amphetamine and methamphetamine from 500 ng/mL to 250 ng/mL;

§ Only MDMA is added as a specific target drug for screening; MDMA, MDA and MDEA are included in confirmation testing.

Testing for MDMA (Ecstasy)
MDMA will be a target analyte in the amphetamines screening assay, with confirmation testing for MDMA, MDA, and MDEA.

6-Monoacetylmorphine (heroin metabolite)
§ Addition of a specific screening test for the heroin metabolite at 10 ng/mL cutoff concentration. This change requires a laboratory to confirm and report the heroin metabolite by itself, in contrast to the current Guidelines policy that requires the heroin metabolite to be tested and reported in conjunction with a positive morphine result. Recent data indicates that the heroin metabolite is present in
specimens even when the morphine concentration is below 2000 ng/mL.

Cocaine
§ Decrease the Cocaine metabolite screening cutoff from 300 ng/mL to 150 ng/mL

§ Decrease the Cocaine metabolite confirmation cutoff from 150ng/mL to 100ng/mL

How Will These Changes Affect You?
Although Non-DOT regulated testing programs are not required to implement these upcoming changes (except where required by law),

Industry consensus is that most non-DOT regulated program owners and employers will most likely make changes to follow the new

guidelines. As the new revisions will take effect soon you may need to consider a few issues regarding drug testing program.
Some issues to consider...

Will you revise your testing panel to comply with the new government revisions? Will adding the new screens increase costs?

Do you belong to an association, a labor-management cooperative program or other organization that requires you to follow DHHS guidelines? How will their changes affect or change your program?

Are you in a State with a “Drug Free Work Place” Program that requires you to mirror the new regulations in order to bid state funded projects?

Need Advice?
Part 40 Final Rule is effective October 1, 2010 and a copy of the Federal Register Notice is available on our Website under Latest News. DOT-regulated employers should ensure that their policies include the updated definitions, drugs tested for, and cut-off levels in their policy. If you have questions about the Part 40 Final Rule, please contact  877-688-8358.

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