DOT Final Rule Delays Oral Fluid Drug Testing Until Labs Certified

A Department of Transportation final rule published May 11 requires drug testing for truck drivers and other safety-sensitive transportation workers to continue via urine tests until the Department of Health and Human Services certifies at least two laboratories for oral fluid testing.

Rule Provisions and Effective Date

The rule goes into effect June 10 and corrects an inadvertent factual impossibility created by a June 2023 final rule that permits oral fluid testing as an alternative to urine testing. As of May 1, HHS indicates that no labs have been certified to conduct the testing. Under the May 11 rule, employers must directly observe urine testing in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available. The provision will sunset one year after HHS announces the certification of a second laboratory to conduct oral fluid testing, according to Safety+Health Magazine.

Congressional and FDA Actions

In April, six House Republicans sent a letter to HHS Secretary Robert F. Kennedy Jr. asking the department to remove regulatory barriers they contend have slowed the implementation of oral fluid testing. This includes moving occupational drug testing out of the Food and Drug Administration’s 510(k) medical clearance program. FDA issued such a proposal on May 1 and is accepting comment until June 30.

Industry Position

The American Trucking Associations, which calls the clearance requirement the primary obstacle for oral-fluid lab certification, applauded the proposed rule. ATA President and CEO Chris Spear stated that trucking relies on a strong federal drug testing program to protect public safety and ensure that impaired individuals are not operating commercial motor vehicles. Following years of advocacy focused on cutting red tape, ATA is pleased that FDA has finally created a pathway to implement oral fluid testing, according to Safety+Health Magazine. This major development also lays the groundwork for the eventual adoption of hair testing, making drug testing more accurate, more cheat-resistant and less invasive.