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DOT Revises and Simplifies Drug Testing Reporting


The U.S. Department of Transportation is simplifying its process for remittance of drug testing data. In the past, employers have been required to use agency-specific Management Information System (MIS) forms, requiring some employers to submit up to 21 different forms.

Under the new rule, all DOT agencies will use the same one-page MIS form. The new form will be required for employer MIS submissions in 2004 that document 2003 testing data. Employers will need to adopt certain provisions of the new rule which will permit them to start appropriate collection of the required data and which establish how companies are to determine the number of employees upon which the 2003 random testing is based.

In addition to streamlining the process, there is a reduction in the amount of data that needs to be reported on the new MIS forms. Eliminated from FMCSA's forms are the following:

  • Number of persons denied a position following a positive drug test.
  • Number of employees returned to duty following a refusal or positive drug test.
  • Supervisor initial training data.
  • Number of employees denied a position following an alcohol test of 0.04 or greater.
  • Number of employees returned to duty after engaging in alcohol misuse.
  • Number of employees having both a positive drug test and an alcohol test of 0.04 or greater when both tests were administered at the same time.
  • Actions taken for alcohol violations other than alcohol testing.
  • Supervisor initial alcohol training data.

The new rule also clarifies and makes uniform among DOT agencies how employers should determine the number of employees who must be randomly tested each year. The rule instructs employers to add the number of covered employees eligible for drug testing in each selection period for the year and divide that by the total number of testing periods.

The current rules can be read online here. The DOT is still in the process of having the text of the new rules published online, but the notice from the Federal Register can be read online here. Questions about the new rule can be directed to Jerry Fulnecky in the FMCSA's Department of Enforcement and Compliance (202.366.2096 or jerry.fulnecky@fmcsa.gov).