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.

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

The post DOT Advances Toward Oral Fluid Testing in Drug Screening Programs appeared first on Truck Drivers USA.