As date for DOT rule on oral fluid drug testing nears, will labs be certified?

Washington — Although oral fluid drug testing is a federally approved alternative for truck drivers and other transportation workers in safety-sensitive positions, a key hurdle stands in the way.

Under a revised rule from the Department of Transportation that's set to go into effect Dec. 5, employers can’t implement oral fluid testing until the Department of Health and Human Services has certified at least two laboratories to conduct it. On Nov. 6, a spokesperson for HHS’ Substance Abuse and Mental Health Services Administration told Safety+Health no labs have been certified.

In July, SAMHSA indicated to S+H that the agency is considering certification applications filed in the spring by three laboratories. The process typically takes three to six months from the receipt of application, the spokesperson added.

A May 2023 DOT final rule approved oral fluid drug testing as an alternative for workers regulated by the Federal Motor Carrier Safety Administration, Federal Aviation Administration, Federal Railroad Administration and Federal Transit Administration.

Amid adverse comment from stakeholders, DOT in August withdrew a final rule that aimed to amend the 2023 rulemaking by:

• Providing temporary qualification requirements for mock oral fluid monitors.
• Providing for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection.
• Clarifying how collectors are to specify that a sufficient volume of oral fluid was collected.

After weighing feedback on a parallel proposed rule, DOT on Nov. 5 published a revised final rule. The National Drug and Alcohol Screening Association says the rulemaking “addressed many of our concerns,” including those related to collector training.