The U.S. Department of Transportation is proposing changes to its workplace drug and alcohol testing regulations.

In a notice of proposed rulemaking published in the Federal Register on October 15, the U.S. DOT proposed changes that would allow the use of electronic signatures, forms, and recordkeeping by agencies administering testing programs regulated by the DOWRY.

Currently, entities conducting drug and alcohol testing are required to use, sign and retain paper documents only. The proposed changes would permit, but not require, the use of electronic signatures, forms and storage of such data and would apply to all employers and contractors responsible for administering drug testing and testing programs. alcohol regulated by the DOT.

“Many employers and their service agents have already instituted the use of electronic signatures, forms, and record storage for the non-DOT regulated tests they perform,” the agency said. “The DOT supports this transition to a paperless system and is committed to ensuring that the move to a partially or fully electronic Part 40 occurs in order to maximize program efficiency and reduce costs, while maintaining compliance requirements. integrity and confidentiality of the program.”

According to the agency, the proposed changes “are expected to provide additional flexibility and reduce costs for industry while preserving the integrity and confidentiality requirements of the drug and alcohol testing regulations.”

In August 2022, the agency issued an advance notice of proposed rulemaking regarding the authorization of electronic signatures, forms, and recordkeeping. At that time, the U.S. DOT requested public comment, as well as feedback from “DOT-regulated employers and their servicers regarding whether and how they already handle electronic signatures, transmission and storage of records in their non-DOT testing programs. »

In total, the agency received 72 comments from various industry stakeholders in response to the advance notice of proposed rulemaking. According to the agency, most commenters “supported changes” that would allow – but not require – the use of electronic signatures and recordkeeping.

Those who submitted comments opposing the changes cited “concerns about the need for rules, the risk to personal information from hackers or poorly managed electronic processes and procedures, and the misuse of forms and electronic signatures.

Jay Grimes, director of federal affairs for the Owner-Operator Independent Drivers Association, said the association has generally supported the expansion of electronic signatures for drug testing protocols. Grimes added that the notice of proposed rulemaking “appears to be positive,” but emphasized the importance of protecting personal information.

“We believe that expanding the use of electronic signatures could be more efficient for drivers, providing them with more flexibility and cost savings,” Grimes told Land Line. “However, the DOT must ensure appropriate safeguards to protect driver privacy and the reliability and accuracy of the DOT drug testing process.”

A 60-day comment period is now open for the U.S. DOT’s proposed changes. Comments must be received by December 16. LL