The final rule, docket OST-2010-0026 on the Federal Register, was first published on Aug. 16 and deals with laboratory testing of urine specimens. It is required by the Omnibus Transportation Employees Testing Act to follow the Health and Human Services requirements for the testing procedures/protocols and drugs for the feds test all commercial drivers license holders. The interim final rule published on Sept. 24 also included a technical amendment regarding how medical review officers, or MROs, confirm split specimen results. 

In addition to the new primary laboratory requirements for drug testing, DOT brought several testing definitions in-line with those of HHS. Medical review officers need to be re-qualified and pass an examination given by an MRO training organization every five years. The final rule eliminated the requirement for each MRO to take 12 hours of continuing education every three years.

This list of providers has been opposed by the school bus industry, which has said that many school bus companies, especially those in rural areas, could be adversely affected by fewer medical choices and higher medical costs when performing due diligence on prospective new drivers.

Additionally, an MRO will not need to be trained by an HHS-approved MRO training organization as long as the MRO meets DOT’s qualification and re-qualification training requirements. MRO record-keeping requirements did not change from the five years for non-negatives and one year for negatives.

Also beginning next month, HHS-Certified Instrumented Initial Testing Facilities (IITFs) can no longer be used by motor carrier companies to conduct initial drug testing because the Omnibus Act requires laboratories to be able to perform both initial and confirmation testing but IITFs cannot conduct confirmation testing.