August 5, 2022

Make Your Voices Heard! Comment on Proposed Amendment to DOT Record-Keeping Regulations

By NDASA

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The U.S. Department of Transportation is requesting public comment regarding electronic signatures, forms and storage for drug and alcohol testing records.

The DOT is seeking your opinion about potentially changing regulatory language “to allow electronic signatures on documents required to be created and utilized under the regulations, to be able to use electronic versions of forms, and to electronically store forms and data” for mandated drug and alcohol testing. The regulatory changes would apply to DOT-regulated employers and their contractors (“service agents”) who administer their DOT-regulated drug and alcohol testing programs. (Learn more here)

Currently, employers and their service agents must use, sign, and store paper documents exclusively, unless the employer is utilizing a laboratory’s electronic Federal Drug Testing Custody and Control Form (electronic CCF) system that has been approved by the Department of Health and Human Services (HHS). DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms. This rule-making also responds to an April 2, 2020, petition for rule-making requesting that part 40 be amended to allow the use of an electronic version of the alcohol testing form (ATF) for DOT-authorized alcohol testing.

The public has 60 days to comment and responses to the ANPRM will assist DOT in the development of proposed regulatory amendments intended to provide additional flexibility.

Download the proposed rule change here.