DOT final rule delays oral fluid testing for transportation workers
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DOT Rule Maintains Urine Testing Requirement
Drug testing for truck drivers and other safety-sensitive transportation workers must continue via urine tests until the Department of Health and Human Services certifies at least two laboratories for oral fluid testing, according to Safety+Health Magazine. A Department of Transportation final rule published May 11 and effective June 10 corrects an inadvertent factual impossibility created by the June 2023 final rule that permitted oral fluid testing as an alternative.
As of May 1, no laboratories had been certified. Under the May 11 rule, employers must directly observe urine testing in situations where oral fluid tests are required but unavailable. The provision sunsets one year after HHS announces certification of a second laboratory.
Legislative and Regulatory Actions
In April, six House Republicans sent a letter to HHS Secretary Robert F. Kennedy Jr. requesting removal of regulatory barriers to oral fluid testing implementation. The request includes moving occupational drug testing out of the FDA’s 510(k) medical clearance program.
FDA issued a proposal on May 1 and is accepting comments until June 30. The American Trucking Associations identified the clearance requirement as the primary obstacle to oral-fluid lab certification.
Industry Response
ATA President and CEO Chris Spear stated that trucking relies on a strong federal drug testing program to protect public safety. ATA welcomed the FDA proposal as creating a pathway to implement oral fluid testing and laying groundwork for hair testing. The organization noted that these tools will make drug testing more accurate, cheat-resistant, and less invasive.
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