[Federal Register: May 23, 2001
(Volume 66, Number 100)]
[Rules and Regulations]
[Page 28400-28401]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr23my01-19]
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DEPARTMENT
OF TRANSPORTATION
Office of the Secretary
49 CFR Part
40
[Docket No. OST-1999-6578]
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs; Early Compliance Allowed for
Electronic Reporting
AGENCY: Office of the Secretary, DOT.
ACTION:
Compliance date on final
rule.
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SUMMARY:
In its final drug and alcohol testing rule published on
December 19, 2000,
and effective August 1, 2001, the Department
authorized laboratories,
certified by the Department of Health and
Human Services (HHS), to report
negative drug testing results to
medical review officers (MRO) using only
electronic reports and
mandated the use of the new Federal Drug Testing
Custody and Custody
Form (CCF). To provide laboratories lead-time to
accomplish the
transition to the new CCF, the Department, in coordination
with HHS,
has determined that earlier compliance with this reporting
procedure
should be permitted. Additionally, the Department is also
permitting
early compliance with the reporting of all non-negative results
to the
MRO using faxed or scanned copies of the laboratory copy of the new
CCF.
This
document authorizes HHS certified laboratories to initiate
electronic
reporting as the only reporting necessary for negative
results on specimens
submitted to laboratories using the new CCF and
the reporting of
non-negative results using faxed or scanned copies of
Copy 1 of the new CCF.
Laboratories may continue to use current
procedures utilizing mail or
courier services.
DATES: This document permits as of May 23, 2001 early
compliance with
the electronic reporting provisions in the final rule
published at 65
FR 79462, and effective August 1, 2001.
FOR FURTHER
INFORMATION CONTACT: Don Shatinsky, Drug and Alcohol Policy
Advisor, Office
of Drug and Alcohol Policy and Compliance, Department
of Transportation, 400
7th Street, SW., Room 10403, Washington, DC
20590, at (202) 366-3784
(voice), (202) 366-3897 (fax), or
<A
HREF="mailto:don.shatinsky@ost.dot.gov/">don.shatinsky@ost.dot.gov/</A>.
SUPPLEMENTARY
INFORMATION: In the December 19, 2000, Federal Register
(65 FR 79462), the
Department published a comprehensive revision to its
drug and alcohol
procedures testing regulation (49 CFR Part 40). This
complete revision
becomes effective August 1, 2001. In this revision,
the Department
authorizes laboratories to report drug testing results
to the MRO
electronically and mandates use of the new shorter-version
of the Federal
Drug Testing Custody and Control Form (CCF).
Currently, the Department
and HHS permit laboratories and employers
to use the new CCF. The laboratory
may transmit all results (negative
and non-negative) to the MRO by mail or
courier or by either faxing the
completed laboratory copy (Copy 1) of the
CCF or transmitting a scanned
image of the form via computer. On August 1,
2001, for all negative
results, laboratories will be permitted to send to
MROs an
electronically generated laboratory report and will not need to
mail,
courier, fax or send a scanned copy,
[[Page 28401]]
thus
initiating substantial savings related to processing paper
records.
Additionally, since all
laboratories and employers must use the new
shorter form as of August 1,
2001, HHS has directed laboratories to
treat submission of specimens for
drug testing using the older (seven-
part) form as a correctable flaw which
the laboratory must correct
using a memorandum for record from the
collection site. Laboratories
have indicated to HHS and the Department that
without a transition
period to change over to the new forms and without
gradual phasing in
of electronic reporting, they foresee substantial
implementation
problems. From previous experiences, laboratories have
learned that
collection sites are reluctant to destroy old forms and
continue to use
them until they deplete their supply. Without a phase-in
period,
laboratories are concerned that the continued use of old forms after
August 1, will create a substantial paper burden. Also, the new forms
were designed specifically to be used with the electronic reporting
process. Until this reporting process is in place, there is little
motivation to initiate the use of the new forms.
The Department is convinced
that authorizing the laboratories and
employers to initiate the use of
electronic reporting (as provided in
the new Sec. 40.97) a few months
earlier would have a beneficial impact
on the industry. Through this
document, the Department consents to
laboratories using the procedures
provided in the new rule before
August 1, 2001. Laboratories are not
required to use electronic
reporting, however.
Issued this 10th day of May
2001, at Washington, DC.
Kenneth C. Edgell,
Acting Director, Office of
Drug and Alcohol, Policy and Compliance.
[FR Doc. 01-12484 Filed 5-22-01;
8:45 am]
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