(revised October 8, 2002)

The new U.S. Department of Transportation drug and alcohol testing regulations are now effective, as of August 1, 2001. The regulations completely re-write the procedures for drug testing and alcohol testing. The entire 119 pages of the new CFR Part 40 can be downloaded by clicking here (879K).

On July 31, 2001, DOT published Technical Amendments to CFR Part 40. These relatively minor changes to the rules clarify some of the rules, and make minor corrections to the rules. In addition, the Technical Amendments grant additional time to implement the new drug and alcohol testing forms required by the new rules. You can download a copy of the Technical Amendments by clicking on this link here. http://www.dot.gov/ost/dapc/main/techintro.html

New Forms

• New Alcohol Test Form: In the Technical Amendments, DOT pushed back the date for mandatory use of the new Alcohol Test Form from August 1, 2001, to February 1, 2002. (AlcoPro has the new Alcohol Test Form available for immediate shipping.)
  
  
• Use of the new Federal Custody and Control Drug Testing Form is still mandatory on August 1, 2001. However, through November 1, 2001, the use of an incorrect drug test form will not cause a test to be canceled if the error is not corrected.
  

New Training Requirements
Highlights of the rules that affect training of Collectors and Breath Alcohol Technicians follow. (AlcoPro comments are in italics):

• Collectors must be trained. They must learn the DOT collection procedures; they must perform five error free practice collections. (AlcoPro offers a Collector Training course, a Collector Instructor Course, and a Collector Self Study Course as well.)
  
  
• Persons who became collectors prior to August 1, 2001, have until January 31, 2003, to be trained. Persons who become collectors after August 1, 2001, must be trained before performing collections. (Note that even under the current rules, collectors who are medical personnel must be familiar with the DOT collection procedures, but do not require formal training; current rules require non-medical personnel to receive training to perform collections.)
  
  
• The rules establish criteria for who may be an Instructor for Collector Training: regularly conduct collections for at least one year; be an Instructor for one year; or successfully complete a Collector Instructor class.
  
  
• Collectors must receive re-training at least every five years.
  
  
• Collectors must receive "error-correction training" if they make an error which causes a test to be canceled.
  
  
• The rules establish criteria for who may be an Instructor for Breath Alcohol Technician training: regularly conduct breath alcohol tests for at least one year; be an Instructor of Breath Alcohol Technicians for one year; or complete a Breath Alcohol Technician Instructor class.
  
  
• Breath Alcohol Technicians and Screening Test Technicians must receive training at least every five years. (These rules are effective August 1, 2001. The Technical Amendments allow an 18 month grace period for BATs to recertify, similar to the grace period for Collector training.)
  
  
• Breath Alcohol Technicians must receive "error-correction training" if they make an error which causes an alcohol test to be canceled.
  
  
• The rules specify a new Alcohol Test Form. (AlcoPro is now shipping the new DOT Alcohol Test Form.)