DOT Proposed Rulemaking: Electronic Signatures for DOT-Regulated Testing Programs October 2024

DOT Proposed Rulemaking: Electronic Signatures for DOT-Regulated Testing Programs October 2024

• October 18, 2024

The U.S. Department of Transportation is proposing changes to its workplace drug and alcohol testing regulations. In a notice of proposed rulemaking published in theFederal Register on Oct. 15,2024the U.S. DOT proposed changes that would allow for the use of electronic signatures, forms and recordkeeping by agencies administering DOT-regulated testing programs. It is subject to a 60-day comment period that is now open. Comments must be received by December 16, 2024. This proposed rulemaking would apply to"electronic signatures on documents required to be created and utilized under the [DOT] regulations, the use of electronic versions of forms, and the electronic storage of forms and data."

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 system that has been approved by the Department of Health and Human Services. 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. Common forms affected by this would be the FMCSA previous employer form and FAA 8060 forms.

"Many employers and their service agents have already instituted the use of electronic signatures, forms, and records storage for the non-DOT regulated testing that they conduct," the agency said. "DOT supports this transition to a paperless system and is committed to ensuring that the movement to a partially or fully electronic part 40 is done to maximize program efficiencies and reduce costs, while maintaining the integrity and confidentiality requirements of the program."

The foregoing commentary is not offered as legal advice but is instead offered for informational purposes. First Advantage is not a law firm and does not offer legal advice. The foregoing commentary is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user's individual circumstances or to provide legal advice. First Advantage makes no assurances regarding the accuracy, completeness, currency, or utility of the following information. Regulatory developments and impacts are continuing to evolve in this area.