Washington — The Department of Transportation has authorised oral fluid drug testing as an alternative to urine testing for truck drivers and staff in different safety-sensitive transportation positions.
According to a ultimate rule revealed within the May 2 Federal Register and set to go into impact June 1, staff regulated by the Federal Motor Carrier Safety Administration, Federal Aviation Administration, Federal Railroad Administration and Federal Transit Administration can present oral fluid specimens as a part of their employer drug testing packages.
However, an employer solely can implement oral fluid testing as soon as the Department of Health and Human Services has licensed at the least two laboratories for such testing – and “HHS has not yet certified any laboratories to conduct oral fluid testing,” the rule states.
DOT says oral fluid testing “will give employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals” of the transportation trade’s drug and alcohol testing program.
The rulemaking clarifies that DOT isn’t proposing to section out urine drug testing.
“HHS has determined oral fluid drug testing, like urine drug testing, is accurate and defensible,” DOT says. “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 stems from an HHS ultimate rule – in impact since Jan. 1, 2020 – permitting federal businesses to use oral fluid testing of their drug-testing program. Agencies should provoke particular person rulemaking to start the method of permitting oral fluid testing as an option.
DOT beforehand gathered public touch upon a proposal. In the proposed rule, DOT indicated that HHS was nonetheless contemplating amendments to pointers proposed in September 2020 regarding using hair samples as a method for drug testing federal staff and safety-sensitive staff in federally regulated industries.
“Hair testing is outside the scope of this rulemaking,” DOT says within the ultimate rule.
