DISA Pushes DOT to Allow Electronic Alcohol Testing Forms – Proposed Rule Announced

For years, the employment screening and compliance industry has faced a frustrating challenge: while DOT-mandated drug tests can be conducted via electronic forms (eCCF), the accompanying alcohol tests have remained stuck in the paper age. This has led to mismatched, lost, or delayed forms, slowing down the overall process. Fortunately, this long-standing issue is finally on the verge of resolution.

On October 15, 2024, the Department of Transportation (DOT) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing a change that would allow the use of electronic forms for DOT-mandated alcohol testing. This proposed rule would allow—but not require—employers to use electronic alcohol testing forms in place of the current paper system. The change promises to significantly improve the efficiency of alcohol testing, especially when both drug and alcohol tests are required.

DISA Global Solutions, a leader in employment screening and compliance, played a pivotal role in pushing for this regulatory update. In 2020, DISA formally petitioned the DOT to amend Part 40 of the regulations to permit the use of electronic alcohol testing forms. This advocacy stems from years of dealing with the inefficiencies caused by paper-based alcohol forms. DISA recognized that modernizing this aspect of testing would significantly improve both operational efficiency and the overall experience for employers and employees alike.

While the primary delay caused by paper DOT alcohol testing forms is the slow receipt of the record, especially if the form is misplaced or not successfully delivered (via fax, email, or USPS), the real pain point comes when the alcohol form doesn't reach the employer or Third-Party Administrator (TPA) in a timely manner. This can cause administrative bottlenecks and delay compliance, impacting the employer's ability to make quick decisions.

It’s important to note that paper-based BATs only cause a delay in the actual record of the test, and if the result is 0.02 or higher, direct contact from the collector is required. However, paper records still add extra layers of complexity and delay compared to the instant transmission of eForms.

Several transportation sectors, or modalities, are subject to random alcohol testing under DOT regulations, including:

• Federal Motor Carrier Safety Administration (FMCSA)
• Federal Railroad Administration (FRA)
• Federal Aviation Administration (FAA)
• Federal Transit Administration (FTA)

In addition, the following modalities allow employers to enforce pre-employment alcohol testing as part of their onboarding process:

• FMCSA
• FRA
• FAA
• FTA
• Pipeline and Hazardous Materials Safety Administration (PHMSA)

In every Reasonable Suspicion and Post-Accident situation, employers may be required to conduct both drug and alcohol collections.

If this proposed rule is finalized, it would provide a significant improvement in the efficiency of drug and alcohol testing processes. Employers and service agents could finally process both drug and alcohol tests electronically, eliminating the need for cumbersome paper records. This would result in:

• Faster Turnaround Times: With both drug and alcohol tests being completed electronically, the potential for human error and delays caused by missing or misplaced forms would be drastically reduced. This would lead to faster decisions for employers, ensuring that compliance is met quickly and efficiently.
• Streamlined Processes: No more manually “chasing” forms or matching paper alcohol test results to electronic drug test records. The entire process would be automated and seamless, improving operational workflows and freeing up valuable time for administrative staff.
• Better Donor Experience: Employees undergoing DOT testing will benefit from a smoother and faster process. Especially in industries where drivers or workers are needed back on the job quickly, reducing the downtime caused by paperwork delays will be a major win.
• Improved Record Accuracy: The proposed rule would help ensure that test records are consistent and accurately linked, reducing the chance of mismatches between drug and alcohol test results, which have been a common issue in the past.
• Cost Savings: Moving from paper-based forms to eForms would not only save on administrative costs related to processing, storing, and retrieving paper forms but also contribute to a more sustainable, eco-friendly approach.
• Data Consistency and Compliance: Electronic forms ensure that all required fields, including the Designated Employer Representative (DER) contact information, are consistently completed, helping employers comply with § 40.215. This provision mandates that employers provide the name and phone number of the DER to Breath Alcohol Technicians (BATs) and Screening Test Technicians (STTs) to address any issues during testing. Many employers face audit penalties because paper-based forms frequently omit this critical information. Electronic forms can prevent these omissions, ensuring consistency and compliance across every collection.

The DOT’s proposed rule is currently open for public comment until December 16, 2024. After the comment period, the DOT will review industry feedback before deciding whether to finalize the rule. If the rule is adopted, employers would be allowed to make the switch to electronic alcohol testing forms, marking a major step forward in compliance technology.

For employers in transportation sectors regulated by the DOT, the benefits of this proposed rule are clear. The modernization of alcohol testing would reduce administrative burdens, speed up compliance processes, and enhance the overall efficiency of workplace drug and alcohol testing programs.

DISA Global Solutions has been instrumental in driving this change. Through its advocacy and petitioning efforts, DISA has championed the modernization of DOT-mandated alcohol testing, recognizing the need for a more efficient and reliable process. By leading the charge in pushing for electronic alcohol testing forms, DISA has positioned itself as a forward-thinking partner for employers, helping them navigate regulatory challenges and improve their compliance programs.

As the industry embraces this modernization, DISA will continue to play a key role in helping employers implement these new processes, ensuring a smoother transition to electronic testing. With DISA’s support, employers can confidently move toward faster, more accurate, and streamlined testing that benefits both their businesses and their employees.

Random Drug Testing: A Comprehensive Guide for Employers

Drug Testing Challenges Under Part 40 Regulations

Understanding the FMCSA Clearinghouse-II Final Rule and Its Impact on CDL Holders

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 background screening, drug and alcohol testing, DOT & HR compliance, occupational health services, and I-9/ E-Verify. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.