b'REGULATORY REPORTREGULATORY Electronic Signaturesfor Drug and Alcohol TestingPETER LAURIDSEN // PVA REGULATORY AFFAIRS CONSULTANTO n Aug. 5, 2022 the Department oflikely a future Notice of Proposed Rulemakinging Custody and Control Forms (CCF) in the Transportation(DOT)publishedfounded in part on the information gathered inregulatory record and reporting system with-anAdvanceNoticeofProposedresponse to this ANPRM.in the current regulations. There is no intent Rulemaking (ANPRM) concerning the useto eliminate the option for hard copy reports of electronic signatures on drug and alcoholThere are two other statutes that are relevantand records.testtrackingdocumentsandtestrecords.to the adoption of electronic document and This ANPRM arises from the fact that thesignaturerequirements.ThegovernmentThe DOT drug and alcohol regulations sub-DOT is now required by statute to amendPaperworkEliminationAct(GPEA)wasject to this ANPRM were propagated at a time theregulationstouseelectronicordigitalenactedtoimprovecustomerserviceandwhen electronic means for reports and docu-signaturestotheextentpracticableinitsgovernmentalefficiency.Itdefinesanelec- ments were not available. Electronic means of drug testing regulations. The ANPRM alsotronicsignaturemethodasidentifyingandrecordkeepingandcommunicationarenow incorporatesarequestfromDISAGlobalauthenticating a particular person as a sourcecommonly understood and used in all manner Solutions that the alcohol testing regulationsand indicating that persons approval of theof legal communication and documents.in Part 40 be amended to permit an electron- documents contents. The other statute is the ic version of the DOT alcohol testing formElectronic Signatures in Global and Nation-(ATF) be permitted.al Commerce Act (E-SIGN). This Act was designed to promote the use of contract in- The ANPRM is seeking The deadline for the Secretary of Transpor- formation, signatures, and record keeping in tationtoissueafinalruleinthismatteris private commerce by establishing legal equiv- information that Feb. 28, 2025. alencebetweenpaper-basedmethodsand electronic methods. will enable the DOT Thedeadlineforpubliccommentsonthisto draft rules for an ANPRM is Oct. 4, 2022. The PVA Regulato- This ANPRM is essentially seeking informa-ry Committee is reviewing this ANPRM andtion from the public to assist DOT in the in- electronic process will comment. The next administrative step iscorporation of electronic Federal Drug Test- that will parallel the existingink-signed and stored paper system. Prior to this ANPRM the DOT has sought ways to reduce the regulatory burden for drug and alcohol testing while maintaining integrity and confidentially. In 2014 the Office of Man-agementandBudget(OMB)approvedthe Department of Health and Human Services (HHS) use of an electronic CCF for Federal workplacedrugtestingprogramsunderits mandatory guidelines. In a subsequent DOT rule in 2015 use of electronic CCFs was ex-panded to include use by employers if the labo-ratory they use is approved for use of the HHS mandatory guidelines. This ANPRM is intended to assist DOT in its regulation development required under the AdministrativeProceduresAct.Asyouwill see in the following questions from the Fed-FOGHORN 22'