Review of Changes to the Drug and Alcohol Testing Regulations 30th Annual RTAC Spring Conference March 12, 2019 Review of Changes to the Drug and Alcohol Testing Regulations R T A C Rural Transit Assistance Center By Jeff Waxman Project Manager Illinois Department of Transportation CVP/Bureau of Transit Operations

4/3/16 Amtrak Chester, PA Collision

DOT Agencies Federal Aviation Administration - (FAA). Federal Motor Carrier Safety Administration - (FMCSA). Federal Railroad Administration – (FRA). Federal Transit Administration – (FTA). Pipeline and Hazardous Materials Safety Administration (PHMSA). United States Coast Guard – (USGC).

Summary of Changes Regulations have changed regarding: 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs. Changes are applicable to the entire DOT industry.

Random Rates Federal Transit Administration raised their Random Drug Testing rate back to 50% for 2019. Federal Motor Carrier Administration- Remains at 25% Drug Tests for 2019. Alcohol testing rates remain at 10% for both modes.

Summary of Changes: Opioids Drug Testing Panel Modifications: “Opiate” changes to “Opioid” Four new opioids now added to testing panel: Hydrocodone Brand Names: Norco, Vicodin, Lortab Hydromorphone Brand Names: Dilaudid, Exalgo Oxycodone Brand Names: Oxycontin, Roxicodone, Percocet Oxymorphone Brand Names: Opana

Opioids Initial and Confirmation Cut off Levels Initial Test Cut-off: Hydrocodone/Hydromorphone: 300 ng/mL Oxycodone/Oxymorphone: 100 ng/mL Confirmation Test Cut-off: Hydrocodone: 100 ng/mL Hydromorphone: 100 ng/mL Oxycodone: 100 ng/mL Oxymorphone: 100 ng/mL

Summary of Changes: MDEA/MDA DOT removed MDEA as a drug analyte and added MDA as an initial and confirmatory analyte in the amphetamines class. Initial Test Cut-off: Methylenedioxyamphetamine (MDA): 500 ng/mL Confirmation Test Cut-off: Methylenedioxyamphetamine (MDA): 250 ng/mL

Summary of Changes: MRO Rx Verification Process Step 1: Verify test result; Step 2: Initial MRO determination- MRO notifies employee of medically unqualified/significant safety risk; Step 3: 5 days for prescribing physician to contact MRO, contact needs to be facilitated by employee; Step 4: Prescribing physician statement to MRO; Step 5: Possible employer notification based on outcome of Steps 1-4.

Impact of MRO Rx Verification Process If your policy currently has a section on Rx/OTC medication use, update the policy to address MRO determinations of “medically unqualified/significant safety risk”. If your policy does not have an Rx/OTC medication use section, consider adding a short paragraph.

Summary of Changes: Prescription Definition/Medical Marijuana Language in Part 40 has also been updated to reflect that a prescription refers to a legally valid prescription. Part 40 reiterates their position that medical marijuana is not permitted under DOT regulations, and MROs cannot treat medical marijuana authorizations under state law as providing a legitimate medical explanation for a positive marijuana drug test.

Summary of Changes: Fatal Flaws for Drug Tests 3 new fatal flaws have been added to cause a drug test to be cancelled: There is no CCF; Two separate collections were performed using one CCF; and There was no specimen submitted to the laboratory with the CCF, but there was a specimen actually collected.

Summary of Changes: Urine Collection Updated regulations specify that the collector will discard any initial sample that is questionable (out of normal temp range, sign of tampering, etc.) and the MRO will evaluate any “shy bladder” situation if the employee was unable to provide a sufficient specimen for direct observation recollection.

Summary of Changes: DOT List-Serve MROs, SAPs, BATs, collectors, and STTs are now required to subscribe to the Office of Drugs and Alcohol Policy and Compliance list-serve. List-serve gives access to DOT drug and alcohol testing rules and programs, guidance for handling issues, relevant antidrug info from Federal partners, and updates concerning the program in general.

Drug and Alcohol Clearinghouse Main objective- For employer to determine if a driver has had a previous drug or alcohol violation. This makes them ineligible to operate a commercial motor vehicle until he or she has complied with the Return to Duty Process- tested negative on a RTD. Social Security Numbers will not be allowed in clearinghouse. They will use CDL Numbers (Drivers License)

Drug and Alcohol Clearinghouse Drivers, Employers, Medical Review Officers, Substance Abuse Professionals and Consortiums/Third party administrators will be required to register on the clearinghouse. The Employer must do a full query/ partial query on the driver in the clearinghouse before he or she puts the driver on the road. State’s driver license facilities will have to query the clearinghouse before transferring CDL licenses.

Summary of Changes: Blind Specimen Requirement for HHS certified labs to perform blind specimen testing has been removed under the updates to Part 40.

CBD (CANNABIDIOL) It is sold everywhere!!!! (such as my local video store)

CBD Chiropractors are giving this as an alternative to other lotions (Icy Hot, Bengay, Tiger Balm, Aspercreme, etc.) Massage therapists are utilizing CBD oils. People on Facebook are selling CBD oils just like Avon makeup, Tupperware, Amazon dealers, etc.

CBD (CANNABIDIOL) CBD oil is supposed to have the THC processed out of it. (NOT ALWAYS THE CASE) CBD- Cannabidiol is a chemical in the cannabis sativa plant, also known as marijuana. Over 80 chemicals known as cannabinoids have been identified in the cannabis sativa plant. CBD is extracted from a cannabis or hemp plant. USED IN- Oils, dietary supplements, creams, edible gummies, etc.

CBD User Claim: To have more energy Have less anxiety Feel relief from headaches/migraines Get better, deeper sleep Think more clearly/reduce “brain fog”

Drug Testing for CBD Products Is it true that using them cannot cause a positive THC marijuana test? Answer: NO ONE KNOWS! Depends on how much THC was in the product, how it was consumed, when it was used, etc. There is no test that can determine if the THC found in a person’s urine, hair or saliva came from marijuana, hemp or CBD oils.

Any Questions?

Contact Information Jeff Waxman Project Manager CVP/Bureau of Transit Operations Illinois Department of Transportation Office of Intermodal Project Implementation 69 West Washington Street Suite 2100 Chicago, Illinois 60602 Phone (312) 793-5232 Fax (312) 793-1251 e-mail: jeffrey.waxman@illinois.gov