The U.S. Department of Transportation (DOT) is progressing toward integrating oral fluid testing into its drug and alcohol testing programs for transportation workers. In May 2023, the department finalized a regulation update allowing employers to include oral fluid as an option for DOT-mandated drug tests. This addition was meant not to replace existing methods but to expand the testing options for employers and drivers.
However, the introduction of oral fluid testing has faced hurdles, primarily around laboratory certification and the training of personnel responsible for sample collection. To address these issues, the DOT issued a direct final rule in June. The department stated, “We have determined instances in which the text of various aspects of the procedures as amended by the final rule (needs) to be further amended due to unforeseen circumstances rendering it impossible to comply with requirements for mock oral fluid collection observers, consistency with regard to privacy during testing and a need to clarify the means by which oral fluid collectors specify that a sufficient volume of oral fluid was collected.”
Despite this effort, the DOT withdrew the rule in August following “adverse comments” from stakeholders, indicating they would reconsider these inputs before advancing the rulemaking process.
With the review now seemingly complete, the DOT is set to publish amendments to the Federal Register on Tuesday, Nov. 5, which will specify enhancements to the final rule regarding oral fluid testing. These updates will:
- Establish interim qualifications for mock oral fluid monitors
- Ensure clarity on who can be present during oral fluid sample collection
- Define how to record the adequacy of collected oral fluid volumes
While these amendments tackle logistical challenges, employers must wait to implement the new testing procedure. The U.S. Department of Health and Human Services has not yet certified any labs for oral fluid testing as of Oct. 1.
Additionally, the Substance Abuse and Mental Health Services Administration and the DOT are anticipated to release a notice about integrating hair testing into the DOT’s drug testing program later this fall. However, this announcement is still pending.
Source: Land Line
