DOT Proposed Rule Change Regarding Electronic Signatures and Forms

The Department of Transportation (DOT) published an advance notice on August 5, 2022 whereby they welcome public comment on a Proposed Rulemaking for Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records.

The regulatory changes would apply to DOT-regulated employers and their contractors ("service agents") who administer their DOT-regulated drug and alcohol testing programs. DOT is allowing public comment until October 4, 2022 on the DOT current regulations for conducting drug and alcohol testing in the workplace for the federally regulated transportation industry and how they could be modified and modernized to allow for electronic signatures, electronic forms and data to be stored electronically.

Currently regulations mandate that signatures, forms, and data storage are all completed on tangible, paper documents. Additionally this rulemaking was released in response to a petition from April 2, 2020, requesting that an electronic version of the alcohol testing form for DOT-authorized alcohol testing be made available for use.

To read the Federal Register Notice in its entirety use the link noted below:

Public comments received will provide the DOT with valuable feedback in developing the best strategy for digitizing the Drug and Alcohol Testing process. Comments on this proposed rule change will assist DOT in the development of proposed regulatory amendments intended to provide additional flexibility and reduced costs for the industry as a whole while maintaining the integrity and confidentiality requirements of the drug and alcohol regulations.

If you have any questions, please contact your sales executive, account manager, or our customer service team.

Posted: August 9, 2022

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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