DOT Drug Testing: After January 1, 2018 – Still a 5-Panel

The DOT testing at HHS-certified laboratories is a 5-panel drug test regimen.  As of January 1, 2018, the ‘Opiates’ category was renamed ‘Opioids’:

• Marijuana (THC)
• Cocaine
• Amphetamines
• Opioids
• Phencyclidine (PCP)

Under ‘Opioids’, previously ‘Opiates’, DOT testing will continue to include confirmatory testing, when appropriate, for Codeine, Morphine, and 6-AM (heroin).  We added initial and confirmatory testing for the semi-synthetic opioids Hydrocodone, Hydromorphone, Oxycodone, and Oxymorphone to this Opioids group.  Some brand names for the semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®.

Under Amphetamines, DOT testing includes confirmatory testing, when appropriate, for Amphetamine, Methamphetamine, MDMA, and MDA.  To this Amphetamines group, we added initial testing for MDA and removed testing for MDEA. 

Since January 1st, we have required confirmation testing for 14 drugs under a 5‑panel test.  Broken out, here is what DOT drug testing looks like:

• Marijuana (THC)
• Cocaine
• Amphetamines

1. Amphetamine
2. Methamphetamine
3. MDMA
4. MDA

• Opioids

1. Codeine
2. Morphine
3. 6-AM (heroin)
4. Hydrocodone
5. Hydromorphone
6. Oxycodone
7. Oxymorphone

• Phencyclidine (PCP)

What is a DER and what does a DER do? 

The Designated Employer Representative (DER) is your key employee for many drug and alcohol program functions. The DER must be a company employee. DERs cannot be contractors or service agents. The only exception is when C/TPAs function as DERs for owner-operator truck drivers. 1. DERs should be readily available. 2. To ensure good coverage, a best practice is to have multiple DERs. 

The DER gets test results from the Medical Review Officer (MRO) and Breath Alcohol Technician (BAT) and takes immediate action to remove employees from their safety-sensitive duties when they violate drug and alcohol testing rules, such as test positive or refuse a test. A company may have more than one DER to ensure adequate coverage on all shifts and at all locations, with perhaps a drug and alcohol program manager to coordinate the entire program and assure consistency among DERs. As an employer, you must give your service agents the DER contact information in case they need to speak directly with the DER without delay. 

The DER should have knowledge of and authority to make decisions about the testing process and answer questions about it. Again, the primary job of the DER is to ensure the appropriate and timely removal of an employee from safety-sensitive duties. 

Fromhttps://www.transportation.gov/odapc/part40QA/40_3 

QUESTION:

Can the employer himself or herself act as a Designated Employer Representative (DER), as opposed to appointing another employee to play this role?

ANSWER:

• The employer (e.g., the owner of a small business) may act personally as the DER.

• The employer may also appoint an employee or employees to play this role.

• The DER must exercise his or her authority to remove an employee from safety sensitive functions either directly or by causing the employee to be removed from performing these functions (e.g., by having the employee’s supervisor effect the actual removal).

• The employer may not delegate the DER role to a service agent. Only the employer or an actual employee of the employer may perform this function.

• The Department will not authorize a “DER-for-hire” concept (e.g., a person under contract by several companies to serve as their DER), either.