If you have not yet submitted your comments to ODAPC’s Notice of Proposed Rulemaking to allow electronic record creation, signatures and storage under 49 CFR Part 40, please consider commenting by DECEMBER 16, 2024. NDASA’s submitted comments are included below. Please feel free to support all or part of NDASA’s comments and to add your own comments to the record!
In comments submitted on December 3, 2024, as a response to the Notice of Proposed Rulemaking 89 FR 82957, from October 15, 2024, the National Drug and Alcohol Screening Association (NDASA) voiced its appreciation for a “long-awaited” proposal to allow, but not require electronic forms, records and signatures under the US Department of Transportation’s (DOT) regulation, 49 CFR Part 40 (Part 40), “Procedures for Transportation Drug and Alcohol Testing Programs”.
“We are thrilled DOT is proposing to use electronic means for DOT-regulated processes and to “establish parity between paper and electronic collection and submission of information required”. 89 FR 82959 (Oct. 15, 2024). Although electronic recordkeeping is the preferred option for many of our members, there are times when our members work in remote locations where cell service and/or internet are not always available, and paper needs to be utilized. Consequently, we applaud DOT for allowing both paper and electronic means of creating forms, signing required documents, and electronic recordkeeping. So many of the provisions proposed would be tremendously cost saving for employers and their service agents, will reduce unnecessary use of paper thereby improving environmental impact, will improve efficiency, and ultimately will benefit transportation safety.”
NDASA also recommended some changes in the proposed regulatory language regarding electronic signatures and recordkeeping to protect the integrity of the testing process, ensure the security of electronic data and files, and support consistency with industry standards. In addition, NDASA asked for clarifying language about DOT guidance such as the transmission of electronic files and issues around donor consent.
Further, NDASA requested some minimal changes to language in Part 40’s oral fluid provisions including asking for clarifying instructions for the collector if a donor is unable to open their mouth during an oral fluid specimen collection and asking DOT to limit the number of times the testing methodology can be switched during a collection to once.