What does 49 CFR 40.5 (Who issues authoritative interpretations of this regulation?) require?

Short answer

49 CFR 40.5 requires that only the Office of Drug and Alcohol Policy and Compliance (ODAPC) and the DOT Office of General Counsel (OGC) provide written interpretations of the provisions of this part.

1. ODAPC and OGC provide written interpretations.

2. These interpretations are the only official and authoritative ones.

3. Only interpretations issued after August 1, 2001, are considered valid.

The rule says

"ODAPC and the DOT Office of General Counsel (OGC) provide written interpretations of the provisions of this part." (49 CFR 40.5)

"These written DOT interpretations are the only official and authoritative interpretations concerning the provisions of this part." (49 CFR 40.5)

"Only Part 40 interpretations issued after August 1, 2001, are considered valid." (49 CFR 40.5)

In plain English

This means that for any questions about the drug and alcohol testing regulations, only the interpretations from ODAPC and OGC are official and authoritative. This helps ensure consistency in how the regulations are applied across different companies and industries. It also means that any interpretations issued before August 1, 2001, should not be relied upon, as they are no longer considered valid.

What to do

• Check the date of any interpretation to ensure it was issued after August 1, 2001.
• Verify that the interpretation comes from either ODAPC or the DOT Office of General Counsel.
• Use only official and authoritative interpretations for guidance on drug and alcohol testing regulations.