BREAKING NEWS: U.S. DOT MAKES FINAL RULE ON ORAL FLUID TESTING AVAILABLE TO THE PUBLIC

The U.S. Department of Transportation today released its Final Rule for Oral Fluid Testing for public viewing. This is a critical step in the process to making oral fluid testing an option for DOT-mandated drug and alcohol testing programs in addition to urine specimen testing.

The Final Rule is in effect as of June 1, 2023.

The Final Rule summary states:

“This final rule amends the U.S. Department of Transportation’s regulated industry drug testing program to include oral fluid testing. This additional methodology for drug testing will give employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program.

In order for an employer to implement oral fluid testing under the Department’s regulation, the U.S. Department of Health and Human Services 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 the U.S. Department of Health and Human Services.

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.”

Read the Final Rule here.