DOT ISSUED FINAL RULE ON ORAL FLUID TESTING FOR DRUGS
The U.S. Department of Transportation (DOT) recently issued its final ruling that among other items, authorizes employers to use oral fluid drug testing as an alternative testing methodology to urine drug testing (49 CFR part 40).
In order for an employer to implement oral fluid testing under the Department's regulation, the U.S. Department of Health and Human Services (HHS) will need to certify at least two laboratories for oral fluid testing, which has not yet been done.
The final rule includes other provisions to update the Department's regulation and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by HHS.
In addition, this rule amends the FAA, FMCSA, FRA and FTA regulations to ensure consistency within the Department of Transportation and by removing or adjusting references to the word "urine" and /or add references to oral fluid, as well as, removing or amending some definitions for conformity and to make other miscellaneous technical changes or corrections.
As you may recall, TRAA has filed a comment in support of the proposal last year. As an industry overwhelmingly made up of small businesses who struggle every year to conscientiously abide by government regulation, TRAA supported the addition of fluid specimen testing as an alternative method since it's a lower cost and faster solution with equivalent efficacy that ultimately benefits employers and employees alike.