The Department of Transportation last week published a Notice of Proposed Rulemaking that would align requirements for workplace drug and alcohol testing programs with those of Health and Human Services.

The rulemaking centers on the issue of urine specimens taken for drug analysis under 49 CRF Part 40. According to a spokesman at DOT, the rulemaking considers testing for the drug MDMA, or “Ecstasy;” lowering cutoff levels for cocaine and amphetamines; conducting mandatory initial testing for heroin; and authorizing employers to use HHS-certified Instrumented Initial Test Facilities to conduct initial drug testing. Employers could be required to modify any non-regulated testing program to include these types of tests.

Announced last week, the NPRM also seeks to modify some of the agency’s current definitions and add new ones to make them consistent with the HHS Mandatory Guidelines definitions. It would also require nationally-recognized Medical Review Officer (MRO) certification entities or sub-specialty boards for medical practitioners in the field of medical review to have their qualifications, training programs, and examinations approved by the HHS on an annual basis.

Public comments to Docket OST–2010–0026 will be accepted online, via U.S. mail or in person by April 5, 2010.

Last May, the United States Court of Appeals upheld DOT’s direct observation testing rules necessary to allow commercial drivers and federal employees to return to duty after previously failing a drug test or refusing to take one. This set the stage for the DOT to begin drafting requirements that would incorporate new lab requirements and harmonize them with the HHS mandatory requirements that go into effect this May.