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The Long Wait May Soon Be Over: DOT Set to Approve Electronic Signatures and Digital Recordkeeping for Drug and Alcohol Testing Programs - Workforce QA
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The Long Wait May Soon Be Over: DOT Set to Approve Electronic Signatures and Digital Recordkeeping for Drug and Alcohol Testing Programs

Subject:  DOT NRPM to allow electronic signatures for 49 CFR Part 40 drug and alcohol testing program documents

The Department of Transportation (DOT) issued a Notice of Proposed Rulemaking NPRM) on October 15, 2024. The NPRM proposes to amend 49 CFR Part 40 to allow, but not require, electronic signatures on documents required to be created and utilized under the DOT drug and alcohol testing regulations, the use of electronic versions of forms, and the electronic storage of forms and data. The regulatory changes would apply to DOT-regulated employers and their contractors (“service agents”) who administer their DOT-regulated drug and alcohol testing programs. Currently, employers and their service agents must use, sign and store paper documents exclusively, unless the employer is utilizing a laboratory’s electronic Federal Drug Testing Custody and Control Form (electronic CCF) system that has been approved by the Department of Health and Human Services (HHS). DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms. This NPRM also proposes to allow the use of an electronic version of the alcohol testing form (ATF) for DOT-authorized alcohol testing.

The NPRM document is available at https://federalregister.gov/d/2024-23427, and at https://govinfo.gov

WorkforceQA intends to submit comments supporting this NPRM to the DOT rulemaking docket, which closes on Dec 16, 2024.