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DOT Authorizes Oral Fluids Drug Testing

In a final rulemaking published today, the U.S. Department of Transportation (DOT) has authorized the use of oral fluids specimen testing for drug tests required by federal regulations, including regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA). The amended regulations authorize oral fluids testing for all required drug tests, including pre-employment, random, post-accident, return-to-duty, and reasonable suspicion drug testing. The new regulations become effective June 1, 2023.

Since 1988, motor carriers regulated by the FMCSA have used urine drug tests for testing required by the FMCSA’s safety regulations. In October 2019, the Department of Health and Human Services (HHS) adopted the use of oral fluids testing, which became effective on January 1, 2020, but applied only to federal employees and contractors. Although the DOT must follow the HHS guidelines when developing drug-testing programs for its regulated industries, until now, DOT had not adopted those standards.

According to the DOT, oral fluids testing will reduce the potential for cheating on urine tests. Unlike urine testing, oral fluids testing is an observed collection, which will prevent the use of prosthetic devices used for cheating. The DOT also notes oral fluids testing is less intrusive than observed urine testing. In addition, oral fluids testing will help reduce delay caused by a shy bladder because the amended regulations authorize carriers to switch between methodologies when drivers provide an insufficient sample.

Although the amended regulations become effective June 1, under HHS rules, at least two labs must be certified before carriers can use oral fluids testing for drug tests required by FMCSA regulations. At this time, the HHS has not certified any labs to conduct oral fluids testing, and its timetable for doing so is unclear. Depending on how many labs the HHS ultimately certifies, carriers could see a delay in having the oral fluids tests processed.

Contact Tim Wiseman, Chris Eckhart, or Brigitte Collier for questions about this final rule.

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News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

DOT Authorizes Oral Fluids Drug Testing

In a final rulemaking published today, the U.S. Department of Transportation (DOT) has authorized the use of oral fluids specimen testing for drug tests required by federal regulations, including regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA). The amended regulations authorize oral fluids testing for all required drug tests, including pre-employment, random, post-accident, return-to-duty, and reasonable suspicion drug testing. The new regulations become effective June 1, 2023.

Since 1988, motor carriers regulated by the FMCSA have used urine drug tests for testing required by the FMCSA’s safety regulations. In October 2019, the Department of Health and Human Services (HHS) adopted the use of oral fluids testing, which became effective on January 1, 2020, but applied only to federal employees and contractors. Although the DOT must follow the HHS guidelines when developing drug-testing programs for its regulated industries, until now, DOT had not adopted those standards.

According to the DOT, oral fluids testing will reduce the potential for cheating on urine tests. Unlike urine testing, oral fluids testing is an observed collection, which will prevent the use of prosthetic devices used for cheating. The DOT also notes oral fluids testing is less intrusive than observed urine testing. In addition, oral fluids testing will help reduce delay caused by a shy bladder because the amended regulations authorize carriers to switch between methodologies when drivers provide an insufficient sample.

Although the amended regulations become effective June 1, under HHS rules, at least two labs must be certified before carriers can use oral fluids testing for drug tests required by FMCSA regulations. At this time, the HHS has not certified any labs to conduct oral fluids testing, and its timetable for doing so is unclear. Depending on how many labs the HHS ultimately certifies, carriers could see a delay in having the oral fluids tests processed.

Contact Tim Wiseman, Chris Eckhart, or Brigitte Collier for questions about this final rule.

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.