News

The Department of Health and Human Services (HHS) recently published two important notices in the Federal Register.   These notices include:

• Mandatory Guidelines for Federal Workplace Drug Testing Programs using oral fluid , which can be found here: 2022-06884.pdf (govinfo.gov)
• Mandatory Guidelines for Federal Workplace Drug Testing Programs using urine, which can be found here:  2022-06886.pdf (govinfo.gov)

Because the Department of Transportation (DOT) must follow the HHS scientific guidelines for DOT-regulated drug testing laboratory procedures, participants in the DOT transportation industry drug testing program should be aware of the proposals HHS is considering.  Any final rules issued by HHS regarding these proposals may affect the DOT testing program under 49 CFR Part 40, but only after DOT conducts its own rulemaking.

NHTSA Recall ID Number : 22C001

Synopsis : Columbus Trading-Partners USA, Inc. (CTP) is recalling certain CYBEX Sirona M Convertible Child Car Seat, model numbers 518000385, 518002153, 518000387, 518002145, 518002149, 518002151, and 519000211, manufactured between November 3, 2017 and August 31, 2018. A child may pick pieces of foam from the child seat headrest pad. Loose pieces of foam can present a choking hazard to a child, increasing the risk of injury. CTP will mail a kit with instructions on how to seal the headrest foam, free of charge. Owner notification letters are expected to be mailed May 9, 2022. Owners may contact CTP customer service at 1-877-242-5676.

The National Highway Transportation Safety Administration (NHTSA) recently released a Final Rule on Occupant Protection for Vehicles with Automated Driving Systems. In short, this Final Rule amends the occupant protection Federal Motor Vehicle Safety Standards (FMVSSs) to account for future vehicles that do not have the traditional manual controls associated with a human driver because they are equipped with Automated Driving Systems (ADS). The Final Rule is effective as of September 26, 2022. The lengthy Final Rule can be found here: 2022-05426.pdf (govinfo.gov). A more detailed summary of this Final Rule will be forthcoming.

The Federal Communications Commission (FCC) has announced what will likely be the last round of Emergency Connectivity Fund funding for eligible schools and libraries to purchase equipment and services such as Wi Fi hotspots, modems, routers, and connected devices (such as laptops and tablets). The application period will be April 28-May 13 and will include equipment and services purchased between July 1, 2022, and December 31, 2023.

The Environmental Protection Agency (EPA) has issued a Notice of Proposed Rulemaking (NPRM) on Heavy-Duty Engine and Vehicle Standards.  The NPRM would reduce air pollution from highway heavy-duty vehicles and engines, including ozone, particulate matter, and greenhouse gases. This proposal would change the heavy-duty emission control program—including the standards, test procedures, useful life, warranty, and other requirements— to further reduce the air quality impacts of heavy-duty engines across a range of operating conditions and over a longer period of the operational life of heavy-duty engines. This proposal would make targeted updates to the existing Heavy-Duty Greenhouse Gas Emissions Phase 2 program, proposing that further GHG reductions in the MY 2027 timeframe are appropriate considering lead time, costs, and other factors, including market shifts to zero-emission technologies in certain segments of the heavy-duty vehicle sector. Comments to this NPRM must be received by May 13, 2022.  The entire NPRM may be found here:  2022-04934.pdf.

The EPA plans to hold a virtual public hearing on this NPRM on April 12, 2022. An additional session may be held on April 13, 2022. In order to attend the virtual public hearing, all attendees (including those who will not be presenting verbal testimony) must register in advance using the following registration link: https:// www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-and-related-materials-control-air-1.

UPDATE, March 21, 2022:

The Department of Transportation has extended the comment period for their Notice of Proposed Rulemaking (NPRM) on Oral Fluid Drug Testing to April 29, 2022.

ORIGINAL ANNOUNCEMENT, February 28, 2022:

The Department of Transportation Office of the Secretary has issued a Notice of Proposed Rulemaking (NPRM) on Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs. With this NPRM, the U.S. Department of Transportation is proposing to amend the transportation industry drug testing program procedures regulation to include oral fluid testing. Comments are due on this proposal by March 30, 2022.

Here is a brief summary of the proposal:

1. Permit Oral Fluid testing as an alternative drug testing method for DOT-regulated workplace testing,
2. Harmonize, as needed, with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs established by the U.S. Department of Health and Human Services,
3. Allow direct observation urine collections by any licensed or certified medical professional legally authorized to take part in a medical examination in the jurisdiction where the collection takes place,
4. Allow MRO staff to contact pharmacies to verify a prescription that an employee provided,
5. ‘Un-cancel’ a test that was ‘cancelled’ by the MRO if circumstances dictate,
6. Allow the use of options of official identification numbers issued by State or Federal authorities to be used instead of Social Security Numbers,
7. Laboratories provide to DOT bi-annually data that is categorized by test reason and specimen type,
8. Laboratories withdrawing from the National Laboratory Certification Program provide DOT with the final data report for the reporting period in which they withdrew,
9. Laboratories would be required to keep non-negative specimens for only 90 days,
10. Require that the phone number provided on the Federal Drug Testing Custody Control Form for collectors connect directly to the collector and/or the collector’s supervisor and not a general call center,
11. Remove provisions that no longer are necessary (such as compliance dates),
12. Remove the ‘cross-reference’ sections found at the end of the ‘subpart’ sections,
13. Add clarifying language to other provisions (such as updated definitions and web links where necessary), and
14. Allow Substance Abuse Professional (SAP) to conduct evaluations virtually.

The full NPRM can be found here: 2022-02364.pdf (govinfo.gov).

State Directors,

The Environmental Protection Agency (EPA) has kicked off the 2022 Clean School Bus Program, which provides $5 billion over the next five years to replace existing school buses. Each year, approximately $500 million will be available for electric school buses and $500 million will be available for electric buses and multiple types of cleaner alternative fuel school buses. They will be hosting a zoom webinar on Wednesday, March 23 at 1pmET to explain the application and funding of the Clean School Bus Program. Details on the webinar can be found here:  https://www.epa.gov/cleanschoolbus/events-related-clean-school-bus-program#webinar.

The Environmental Protection Agency (EPA) is preparing to release a Notice of Proposed Rulemaking (NPRM) to reduce air pollution from highway heavy-duty vehicles and engines, including ozone, particulate matter, and greenhouse gases. This proposal would change the heavy-duty emission control program to further reduce the air quality impacts of heavy-duty engines across a range of operating conditions and over a longer period of the operational life of heavy-duty engines. In addition, this proposal would make targeted updates to the existing Heavy-Duty Greenhouse Gas Emissions Phase 2 program, proposing that further GHG reductions in the Model Year 2027 timeframe are appropriate considering lead time, costs, and other factors. The notice also includes limited amendments to the regulations that implement air pollutant emission standards for other sectors (e.g., light-duty vehicles, marine diesel engines, locomotives, various types of nonroad engines, vehicles, and equipment).

As soon as this NPRM is published in the Federal Register a link will be sent to you.

The Federal Motor Carrier Safety Administration (FMCSA) is withdrawing a Notice of Proposed Rulemaking (NPRM) allowing States to permit third-party skills test examiners to administer the Commercial Driver’s License (CDL) skills test to applicants to whom the examiner has also provided skills training, a practice now prohibited under FMCSA regulations. FMCSA decided to withdraw the NPRM after reviewing comments received following publication of the NPRM. The NPRM was published July 9, 2019 and is withdrawn as of March 9, 2022. The withdrawal notice can be found here: 2022-04968.pdf.

The Federal Motor Carrier Safety Administration (FMCSA) has withdrawn a Notice of Proposed Rulemaking (NPRM) that would have allowed driver applicants to take the commercial driver’s license (CDL) general and specialized knowledge tests in a State other than the applicant’s State of domicile. The NPRM also proposed that the applicant’s State of domicile would have been required to accept knowledge test results. FMCSA is withdrawing the Notice after reviewing comments received following the publication of the NPRM. The NPRM was published on July 29, 2019 and is withdrawn as of March 9, 2022. The withdrawal notice can be found here: 2022-04966.pdf.