MRO Update Newsletter 08 2021-Content1

Content1

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The new federal Custody and Control Form (CCF) will be required starting August 30, 2021, according to the U.S. Department of Transportation. The old CCF can no longer be used after August 29, 2021. The new CCF was approved by the Office of Management and Budget and includes changes to accommodate the use of oral fluid specimens in drug testing, although oral fluid drug testing is not authorized in DOT's program. Employers and collectors are advised to coordinate with their Department of Health and Human Services (HHS)-certified laboratories to obtain the revised CCF.<br /><br />In other updates, the Federal Motor Carrier Safety Administration (FMCSA) is developing a proposed rule to update the Drug and Alcohol Clearinghouse. The proposed changes aim to streamline error-correction procedures, queries, and consent requirements and are expected to be released in February 2022.<br /><br />Drug overdose deaths in the United States spiked during the COVID-19 pandemic, with a 30% increase in 2020 compared to 2019. The increase was driven by opioid overdoses, overdoses from stimulants like methamphetamine, and deaths from fentanyl and other synthetic opioids. The pandemic disrupted outreach and treatment facilities, contributing to the rise in overdose deaths.<br /><br />In terms of marijuana testing, employers and drug-testing service providers are questioning the viability of non-regulated drug testing for marijuana. Public opinion, court decisions, and state laws have become more marijuana-friendly, leading to employers removing marijuana from their drug testing panels or ignoring marijuana-positive results. The article suggests using oral fluid testing for post-accident and reasonable-suspicion testing to better detect recent marijuana use and impairment, as oral fluid tests are more specific for impairment than urine tests.<br /><br />In court updates, a federal court in California dismissed the disability discrimination claims of a job applicant who was denied employment due to a positive drug test for medical marijuana. The court ruled that the applicant did not sufficiently prove he was disabled. However, a Pennsylvania state appeals court ruled that workers and job applicants can sue employers for discrimination under the state's medical marijuana law, as the law does not grant any state agency to enforce its anti-discrimination provisions. Another court in Illinois ruled that an employer did not have to prove impairment to fire an employee who tested positive for drugs, including marijuana. Finally, a judge in Texas granted summary judgment to an employer who fired an employee for testing positive for methamphetamine, as the employer had a legitimate reason for the termination.

Keywords

federal Custody and Control Form

U.S. Department of Transportation

oral fluid specimens

drug testing

Department of Health and Human Services

Federal Motor Carrier Safety Administration

COVID-19 pandemic

opioid overdoses

marijuana testing

employment termination