Attention Commercial Motor Vehicle (CMV) Drivers and Carriers:

Did you know an important law affecting you goes into effect May 21, 2014?

To keep America’s interstate CMV drivers healthy and our roads safer, all interstate CMV drivers will soon be required to have their medical examinations performed by a Certified Medical Examiner listed on the Federal Motor Carrier Safety Administration’s National Registry of Certified Medical Examiners.

Read moreAttention Commercial Motor Vehicle (CMV) Drivers and Carriers:

DEA Issues Final Order and Proposed Rule On Synthetic Cannabinoids

The Drug Enforcement Administration (DEA) issued a final order February 29, 2012 to extend the temporary scheduling of the five synthetic cannabinoids into Schedule 1 drugs of the Controlled Substances Act (CSA):

(“1-pentyl-3- (1-naphthoyl)indole (JWH018), 1-butyl- 3-(1-naphthoyl)indole (JWH073), 1-[2- (4-morpholinyl)ethyl]-3-(1- naphthoyl)indole (JWH200), 5-(1,1- dimethylheptyl)-2-(3- hydroxycyclohexyl)-phenol (CP 47,497), and 5-(1,1-dimethyloctyl)-2-(3- hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP47,497 C8 homologue) including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible”)

The temporary scheduling of these synthetic cannabinoids was due to expire on the 29th of February and has been extended through August 29th of this year or until rulemaking proceedings are completed, whichever occurs first.

Please click here to see this order or copy and paste the following link into your web browser:

The DEA followed-up yesterday’s order with a proposed rule in today’s Federal Register. This proposed rule will permanently classify the five synthetic cannabinoids as Schedule 1 drugs. The DEA is now accepting written and electronic comments on this proposal through April 30, 2012.

The DEA asks that all comments reference “Docket No. DEA – 345” to ensure proper handling and receipt. Electronic comments can be submitted using the electronic comment form found at the following link:!home

Written comments can be submitted to: The Drug Enforcement Administration, Attention: DEA Federal Register Representative/OD, 8701 Morrissette Drive, Springfield, VA 22152.

Please click here for the full notice of the proposed rule or copy and paste the following link into your web browser:

Thank you,
DATIA Headquarters

Pipeline Safety: Post Accident Drug and Alcohol Testing

Issued February 15, 2012.

Pipeline Safety: Post Accident Drug
and Alcohol Testing
AGENCY: Pipeline and Hazardous
Materials Safety Administration
ACTION: Notice of Issuance of Advisory Bulletin.

SUMMARY: PHMSA regulations in Part 199 require pipeline operators and operators of Liquefied Natural Gas (LNG) facilities to conduct post-accident drug and alcohol tests of covered employees. Within the mandated timelines after a reportable pipeline accident or incident, operators must drug and alcohol test each covered employee whose performance either contributed to the accident or cannot be completely discounted as a contributing factor to the accident or incident.  Operators must make the determination of employee contribution to the accident or incident promptly to meet the timelines for testing required by the regulations. This was further emphasized by the National Transportation Safety Board (NTSB) in its report of the September 9, 2010, incident in San Bruno, California.

Read morePipeline Safety: Post Accident Drug and Alcohol Testing

The 2010 Federal CCF must be used for all federally regulated specimens which will be delivered to a laboratory on or after December 1, 2011.

All federally certified laboratories must treat the use of the 2000 Federal CCF as a correctable discrepancy. If a federally regulated specimen is collected on the 2000 Federal CCF, the collector will have to complete a Certificate of Correction memorandum and attach to the CCF. This will allow the laboratory to proceed with testing without delay.

If a federally regulated specimen is received at the laboratory with a 2000 Federal CCF starting December 1, 2011 and no memorandum is attached, the laboratory will attempt to recover the correctable discrepancy by requesting a Certificate of Correction memorandum from the collection facility via fax. Testing will be delayed until the memorandum is received. If no memorandum is received after five working days, the specimen will be rejected.

FMCSA Expects to Release Medical Examiner Registry Final Rule Before Year’s End

This week the Federal Motor Carrier Safety Administration (FMCSA) said it expects to release the National Registry of Certified Medical Examiners (NRCME) Final Rule later this year. The statement was included in a Federal Register posting announcing that FMCSA is seeking public review and comments on core curriculum guidance for medical examiners who conduct DOT physicals.
Released in December 2008, FMCSA’s National Registry proposal calls for the development of a National Registry of Certified Medical Examiners as required by section 4116 of SAFETEA-LU. The proposal includes a provision requiring medical examiners to complete certain training and testing before their information could appear in the NRCME. The training will be developed by private training organizations based on guidance provided by FMCSA. The agency did not include the core curriculum guidance in the NCRME proposal. Several commenters called for a public review and comment period on the guidance.

The guidance is now posted on the National Registry website and in public docket FMCSA-2008-0363 at the Federal eRulemaking Portal. All comments were to be submitted on or before June 16, 2011.

Texting Ban Goes Into effect involving drivers of commercial motor vehicle (CMV)

The Final Rule that prohibits texting while operating a commercial motor vehicle (CMV) went into effect (October 27, 2010).

The penalties for breaking the new rule are tough. Under CSA2010, texting while driving carries a 10-point severity weight rating and counts against both the carrier and the driver.

Drivers who violate the rule face fines of up to $2,750, while their employers may be fined up to $11,000.
Texting behind the wheel is also a disqualifying offense for drivers.
The prohibition against texting is detailed in a new Subpart H to 49 CFR Part 392. This section explicitly states that drivers shall not engage in texting while driving and motor carriers shall not allow or require their drivers to engage in texting while driving.
To help clarify the new rule, two key definitions were added to 49 CFR 390.5.

Read moreTexting Ban Goes Into effect involving drivers of commercial motor vehicle (CMV)

New DOT Rules Go Into Effect – October 1, 2010

On August 16, 2010, the Department of Transportation (DOT) published a final rule intended to create consistency with many, but not all, of the requirements of the Department of Health and Human Services; and on September 27, 2010, DOT published an interim final rule about use of the new Federal Drug Testing Custody and Control Form (CCF) and about how laboratories are to report confirmed positive drug/drug metabolite quantitations to the Medical Review Officer.

Read moreNew DOT Rules Go Into Effect – October 1, 2010