Transportation 27

Final revisions to the DOT regulations governing drug and alcohol testing requirements have been announced. The revisions require testing for additional substances and lower a number of existing thresholds for positive results.

The list of additional substances to be tested for are derived from recently adopted HHS requirements, and add three amphetamine type substances--MDMA, MDA, and MDEA -- as well as 6–Acetylmorphine (6-AM), a marker for heroin use, to the list. In addition, the DOT is adopting the HHS-lowered laboratory testing cutoffs for cocaine, amphetamines, and methamphetamines. The DOT stated that it expects “a significant number of confirmed positive test results for cocaine” and “a 40% increase in screening and a 30% increase in confirmation rates" for amphetamines and methampetamines.  The revised DOT regulations, contained in Part 40 of Title 49 of the Code of Federal Regulations, become effective October 1, 2010. The complete announcement appears at 75 Fed. Reg. 49850 (Aug. 16, 2010).