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Drug and Alcohol Testing, Regulations

FMCSA Updates to DOT Downgrades

Effective immediately, FMCSA no longer accepts requests to convert a DOT drug test to a non-DOT test. However, if a violation has been incorrectly reported to the FMCSA’s Drug and Alcohol Clearinghouse based on a non-DOT drug test, or a DOT drug test that should have been processed as non-DOT, a petition to request correction of the driver’s Clearinghouse record may be submitted through FMCSA’s DataQs system: https://dataqs.fmcsa.dot.gov/.  

Detailed instructions on how to file a petition are available here:  https://clearinghouse.fmcsa.dot.gov/content/resources/Clearinghouse-Submit-Data-Review-Petition.pdf

If a test result has not been entered into the Clearinghouse, then the employer can make the determination without consulting with FMCSA.  The employer should create a record of the justification that would be available upon request in the event of a future inspection.

In either case, there is no need to contact the laboratory that reported the result, or to request the laboratory to re-report the result as non-DOT. 

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Spark TS is a leader in offering safety and compliance software and services solutions for the railroad and transportation industries. Spark TS set the standards for the CFR Part 243 Training Rule implementation with Rail Tasker™, a railroad mobile application for building safer work environments including operations testing, safety alert briefings, training, and are industry experts in CFR Part 40 DOT Workplace Drug and Alcohol Testing Programs.

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