DOT oral fluid testing still may not be available until late 2025 as LabCorp and Quest face strict regulatory hurdles.
On December 9, 2024, the Department of Transportation (DOT) published a Notice of Proposed Rulemaking (NPRM) proposing to revise its drug testing procedures rule, which became effective on June 1, 2023.
They want to provide interim provisions to require the conduct of directly observed urine tests in situations where oral fluid tests are currently required, but oral fluid testing is not yet available.
DOT is doing this to address unforeseen circumstances rendering it impossible to comply with requirements in the final rule. Oops!
Here’s what you need to know.
What does DOT want to change?
In the May 2023 Final Rule, DOT required an oral fluid test to be conducted in certain circumstances where an observed collection is required.
However, because oral fluid testing is not yet available, DOT wants to reverse course and require the conduct of directly observed urine collections in those circumstances for an interim period.
This rulemaking would correct the inadvertent factual impossibility created by the May 2023 Final Rule as it is necessary to ensure that directly observed collections can still be conducted when required.
According to the announcement, the DOT said “emphasize that the responsibility of ensuring the collection takes place has always been a requirement the employer must satisfy. If a directly observed urine collection is required, the burden—as is currently the case—remains on the employer to provide an observer as specified in § 40.67(g) if the collection site cannot do so.”
How long will the interim period last?
According to the announcement, this provision will sunset one year after HHS publishes a Federal Register notice that the second oral fluid drug testing laboratory is certified.
So that all are aware of the date when this provision will sunset, DOT will publish a Federal Register document specifying the date the second oral fluid laboratory is certified by HHS.
Why is this change needed?
For an employer to implement oral fluid testing under DOT’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.
Either LabCorp or Quest are expected to be certified in Q1 2025, according to HHS, but we are hearing that this might even take longer as the laboratories are facing strict regulatory hurdles.
So, will this be enough to start DOT oral saliva drug testing?
No, there must be a different HHS-certified laboratory to conduct the split specimen drug testing on the secondary specimen if the employee requests split specimen testing for a non-negative result.
In other words, oral fluid testing under part 40 cannot be fully implemented until HHS certifies at least two laboratories. But we also need to get qualified oral fluid collectors.
Related: How To Become a Qualified DOT Oral Fluid Collector
CNS Occupational Medicine can help with oral testing and customized policy development
Drug testing policies can be complicated and should consider:
- Purpose of the Policy
- Specimen Types
- Testing Procedures
- Prescription Drug Disclosure
- Federal Regulations (DOT)
- State Drug Testing Laws and Marijuana Laws
- Workers’ Compensation
- ADA
- Prohibited Conduct
- Consequences
At CNS, we also offer a comprehensive Drug and Alcohol Consortium Service and are a certified consortium and third-party administrator (C/TPA).
Our experts ensure that all DOT rules and regulations are followed, including the implementation of random drug tests for you and your drivers, updating your company drug testing policies, record retention and document purge management. Join our consortium today!
For more information, contact us at 800.551.9816 or info@cnsoccmed.com.
