The transportation industry is gearing up for several significant regulatory changes in 2024. In a recent webinar hosted by Steven Spencer, Senior Vice President of Corporate Strategy at DISA Global Solutions, the latest updates on transportation compliance were discussed, covering three critical areas: the rescheduling of THC, updates on oral fluid testing, and the latest fines and penalties issued by the FMCSA. Below is a comprehensive look at these important developments and how they may impact the industry.
Rescheduling of THC: What It Means for the Industry
The potential rescheduling of THC from a Schedule I to a Schedule III drug under the Controlled Substances Act has raised significant concerns across the transportation sector. This change could have far-reaching implications for safety-sensitive roles, especially for drivers. Schedule I drugs like LSD and heroin are entirely prohibited, while Schedule III drugs, which include substances like ketamine, can be prescribed.
Rescheduling is entirely different than legalization, or decriminalization. In those scenarios, while states may choose not to prosecute under the guidelines for THC in that state, THC remains a Schedule I drug at the federal level and therefore is unacceptable for drivers to use. However, if THC is rescheduled it would no longer fall into DOT’s regulatory exclusion. Secretary Buttigieg has, on two occasions, reaffirmed that a safety sensitive provision would be made in the event THC is rescheduled, but to date nothing is in writing.
It’s important to note that while the rescheduling process is still ongoing, with public comments closed in July 2024, stakeholders should remain vigilant in monitoring developments and understanding the potential impacts on compliance programs.
Oral Fluid Testing: Status Update and Industry Implications
Another key topic of discussion was the ongoing developments around oral fluid testing. In May 2023, the DOT issued changes to Part 40, allowing for oral fluid testing as an alternative to urine testing. However, the final implementation of oral fluid testing is contingent upon laboratory certification.
As of now, three laboratories have submitted applications to become certified for oral fluid testing, and two are expected to be approved by the end of the year. Until two labs are approved, the industry cannot fully utilize oral fluid testing for DOT-regulated employees. This change is particularly important for situations requiring direct observation, such as transgender and non-binary employees, where oral fluid testing must be used.
The withdrawal of the final rulemaking related to collector training has led to some confusion. It's important to clarify that this withdrawal does not affect the May 2023 changes to Part 40. Employers should still be preparing for oral fluid testing by ensuring their staff is trained once labs are certified and devices are available. Being proactive in training will help ensure compliance and reduce any disruptions when oral fluid testing becomes a standard option for DOT-regulated tests.
FMCSA Fines and Penalties: New Updates for 2024
The FMCSA has introduced updated fines and penalties for 2024, with an emphasis on driver and equipment violations. Key changes include increases in fines for falsification of records and violations of CDL requirements. While the overall increase is modest—approximately 1%—it’s important for employers to take these updates seriously, as non-compliance could lead to significant financial penalties.
With the advent of electronic logging devices (ELDs), the FMCSA has also focused on cracking down on falsified records, particularly as certain ELD models have been decertified. Employers must stay updated on which ELDs are compliant to avoid penalties and ensure accurate records are being maintained.
How DISA Can Help
Navigating the evolving landscape of transportation compliance requires not only staying informed but also having the right resources and support in place. DISA Global Solutions provides a wide range of services to help businesses stay compliant with federal and state regulations. Whether it’s ensuring your organization is prepared for the potential rescheduling of THC, updating training programs for oral fluid testing, or staying on top of the latest FMCSA regulations, DISA offers expert guidance, drug testing solutions, and compliance management tools.
By partnering with DISA, your business can streamline its compliance processes, minimize risk, and ensure that you remain up to date with the latest regulatory changes. From background screening and drug testing to ongoing regulatory updates, DISA is here to help you navigate the complexities of the transportation industry with ease.
Related Articles
About DISA Global Solutions
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes drug and alcohol testing, background screening, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.