This proposal stems from the drug testing procedures rule that went into effect on June 1, 2023. The update was introduced to address compliance challenges tied to the implementation of oral fluid testing.

The DOT explained that its goal is to resolve “unforeseen circumstances rendering it impossible to comply with requirements” outlined in its previously finalized rule allowing oral fluid drug tests. Last month, the department had already issued an amended rule addressing other complications identified in the 2023 guidelines.

Background on the Drug-Testing Rule

By regulation, some drug testing scenarios mandate a directly observed collection. These include instances in which the original sample was invalid without medical justification or during “return-to-duty” testing.

The 2023 final rule specified that oral fluid tests should be used in certain situations where directly observed collections were necessary. However, oral fluid testing has faced delays due to the U.S. Department of Health and Human Services (HHS) not certifying sufficient facilities to perform these tests. According to protocol, no oral fluid drug tests can take place until HHS approves at least two laboratories—one primary lab and one for split specimen analysis.

Temporary Solution Proposed by the DOT

Given the unavailability of oral fluid testing, the DOT has outlined a temporary measure requiring directly observed urine collections for scenarios where oral testing is mandated.

“We intend this provision to require directly observed urine tests in situations where an oral fluid collection is required, but is not yet available,” the DOT clarified. The department emphasized that this amendment is meant to be “a temporary, short-term solution because there are currently no certified oral fluid laboratories.”

Sunset Clause for the Interim Rule

The DOT’s proposal includes a sunset clause. The temporary provision will expire one year after HHS announces in the Federal Register that it has certified the second oral fluid drug testing lab. The DOT will release its own Federal Register notice with the specific certification date once HHS confirms the lab meets requirements.

Conditions for Oral Fluid Testing During the Interim Period

During the interim period, if an oral fluid collection becomes feasible—such as when at least two labs have received certification, and both qualified collectors and conforming collection devices are available at a site—oral fluid testing must be conducted instead of urine collection.

Public Comment Period

The Federal Motor Carrier Safety Administration (FMCSA) is actively seeking public comments on the proposed rule. Feedback will be accepted until January 8, 2025. Stakeholders are encouraged to provide input during this period.

For more information or to submit a comment, visit the FMCSA’s website.

Source: Commercial Carrier Journal

The post DOT Introduces Temporary Update to Drug-Testing Regulations appeared first on Truck Drivers USA.

Why the Delay?

Saliva-based drug tests cannot begin until:

• Two separate laboratories have received government approval to process oral-fluid specimens (as of this writing, none have been approved); and
• Collectors have been trained to use whichever saliva collection devices the labs will allow

The approval process for laboratories by the Health and Human Services (HHS) can be a lengthy wait of several months.

Considerations for Fleets when Choosing Saliva Testing for Drivers

When deciding whether to implement saliva testing, fleets should take into account the following factors:

1. Cost: The true cost of saliva testing compared to urine testing is still uncertain. However, when considering the benefits of saliva testing, such as eliminating cheating and the ability to test when a urine sample is not available, the overall cost may be cheaper. It is recommended to consult with service agents to compare fees and determine if saliva testing is suitable for your fleet.
2. Window of detection: Saliva testing is more effective for detecting recent drug use, making it advantageous for post-accident and reasonable suspicion tests. However, it may not be as suitable for other test types, such as pre-employment or random tests to identify chronic drug users. One solution is to adopt a hybrid model that combines both saliva and urine testing in your overall program.
3. Cheating: Saliva testing provides fewer opportunities for tampering with the specimen or cheating on the test. Every oral-fluid specimen collection is directly observed, ensuring the reliability and accuracy of the results.
4. Privacy: Compared to urine collections, oral-fluid testing is less intrusive. This may help drivers feel more comfortable and less hesitant to undergo testing.

By considering these factors, fleets can make an informed decision on whether saliva testing is the right choice for their drivers.

Preparation Steps for Switching to Oral-Fluid Drug Testing

When transitioning to oral-fluid drug testing for your fleet, there are important tasks that need to be completed. Here’s what you need to do:

1. Update your company’s DOT testing policy: It’s crucial to clearly specify which test types are applicable for saliva-based testing and which ones require a urine sample.
2. Inform existing CDL drivers: Provide your drivers with a revised DOT drug and alcohol policy along with educational materials. This will help them understand what to expect at the collection site. After distributing the materials, obtain a new signed receipt from each driver.
3. Train the designated employer representative (DER): The DER should be familiar with the procedures involved in oral-fluid drug testing. This includes knowing which test types require the testing method based on the policy. The DER must also communicate to the collection site whether the drug test should be conducted using urine or saliva-based samples.
4. Find the right service agents: Determine if your collection site offers oral-fluid drug testing. If not, seek out another vendor that provides this service. Additionally, contract with an HHS-certified lab to process your oral-fluid drug tests. Finally, engage a certified medical review officer who will verify the results of the oral-fluid drug tests.

By following these steps, you can ensure a smooth and successful transition to oral-fluid drug testing for your fleet.

Get ahead of the game and start preparing for oral-fluid testing now. Although it may still be several months away, it’s crucial to make a decision on whether it’s right for your operation. By creating a solid plan, you’ll be ready to hit the ground running once testing is approved.

Source: Work Truck Online

The post The Future of Drug Testing in the Transportation Industry: Saliva-Based Testing Explained appeared first on Truck Drivers USA.

Although the Department of Transportation (DOT) approved oral fluid drug testing for truck drivers on June 1, employers cannot implement this alternative method until HHS certifies at least two laboratories for oral fluid testing: one for primary samples and one for contested samples. Unfortunately, this certification has yet to be completed.

In its update published July 3, there are still no labs certified for oral fluid testing, HHS said. “At this time, there are no laboratories certified to conduct drug and specimen validity tests on oral fluid specimens,” the notice said.

Source: CCJ Digital

The post Still No Approved Oral Fluid Drug Testing Labs According to HHS appeared first on Truck Drivers USA.

“HHS has determined oral fluid drug testing, like urine drug testing, is accurate and defensible,” the agency wrote in its final rule. “With both drug testing methodologies being scientifically accurate and forensically defensible, there is no reason to eliminate either methodology. Similarly, we see no reason to mandate either methodology.”

The rule is now in its final stages of implementation, set to become effective 30 days after its May 2^nd publication date. Prior to it becoming effective, the Department of Health and Human Services will need to certify laboratories to conduct oral fluid testing. At this time, the agency has not yet certified any labs for this type of testing.

The rulemaking will apply to all federal offices that fall under U.S. DOT control. Industries regulated by the following agencies will be affected by the impending changes:

• Federal Aviation Administration
• Federal Motor Carrier Safety Administration
• Federal Railroad Administration
• Federal Transit Administration

According to officials, this shift in approach can serve two primary functions, privacy and flexibility. Drivers with certain medical conditions, which would normally make providing a urine sample difficult, can find relief in choosing this collection method due to its additional flexibility and cost-efficiency when compared to other tests available on the market today. Furthermore, individuals concerned about preserving privacy may also benefit from using this form of data collection over others whose accuracy must be confirmed through direct observation by an authority figure during specimen provisioning.

“All oral fluid collections are directly observed because they are always collected in front of the collector. Unlike a directly observed urine collection, an oral fluid collection is much less intrusive on the tested employee’s privacy,” the agency wrote. “Therefore, adding oral fluid testing as an option is consistent with the careful balancing of an individual’s right to privacy with the Department’s strong interest in preserving transportation safety by deterring illicit drug use.”

Source: Land Line

The post DOT Embraces Oral Fluid Testing for Drug and Alcohol Programs appeared first on Truck Drivers USA.