Jackson Kelly PLLC

Workplace Safety and Health News Alert

DEPARTMENT OF TRANSPORTATION ISSUES RULE COMBATING THE OPIOID CRISIS

November 26, 2017

By: Karen L. Johnston

For clients and friends of Jackson Kelly PLLC
Volume 13, Number 24
©2017 Jackson Kelly PLLC

On November 13, 2017, the Department of Transportation (“DOT”) published a final rule that expands the DOT’s current drug testing panel to include certain semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, and oxymorphone). DOT drug testing regulations, which apply to all modes of transportation regulated by DOT agencies, allow testing only for specific drugs listed in Part 40 of its regulations. This new rule expands that list.

On October 26, 2017, President Donald J. Trump declared the opioid crisis in the United States a public health emergency. The President’s action prompted this new rule. Secretary of Transportation Elaine L. Chao stated that “The opioid crisis is a threat to public safety when it involves safety‑sensitive employees involved in the operation of any kind of vehicle or transport,” and “the ability to test for a broader range of opioids will advance transportation safety significantly and provide another deterrence to opioid abuse, which will better protect the public and ultimately save lives.”

This rule will become effective on January 1, 2018.

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com

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