New DOT Drug Testing Rule

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The Department of Transportation (DOT) has recently implemented a new drug testing rule that allows the use of oral fluid testing. This new method of drug testing is set to bring about significant changes in testing procedures, specimen collection, and result accuracy. In this blog post, we will dive deeper into the details of this rule, exploring what oral fluid testing is, why it has been introduced, and the impact it will have on employers and service providers.

Understanding Oral Fluid Testing:

  • Oral fluid testing involves collecting a small sample of saliva from the individual being tested.
  • This method allows for more timely results and can determine recent drug usage more accurately.
  • The collection process typically involves using a swab or sponge-like applicator that is placed in the mouth for a specified duration.
  • The collected sample is then sent to the laboratory for analysis.

Reasons for Introducing Oral Fluid Testing:

  • The primary reason behind introducing oral fluid testing is to address the issue of adulteration and cheating in drug testing.
  • Unlike urine testing, oral fluid testing makes it harder for individuals to substitute or tamper with the sample since the collection process is more closely monitored.
  • It also allows for more accurate and timely detection of recent drug usage, which is particularly important in safety-sensitive jobs.

Impact on Employers:

  • Employers now have the choice to use either oral fluid or urine testing as their primary method of substance abuse screening.
  • However, this choice needs to be clearly outlined in their drug and alcohol policy.
  • Employers must communicate their preferred method to service providers and ensure that proper instructions and orders are in place.
  • It is important to note that employees do not have the option to choose the testing method; it is solely based on the employer’s decision.

Impact on Service Providers:

  • Collectors and service providers will need to undergo specific training for oral fluid testing to ensure compliance with the new rule.
  • Clear communication between service providers and employers is crucial to understand the preferred testing method for each individual within an organization.
  • Employees who require observed collections or fall under non-binary or transgender categories may need specific considerations in the collection process, as outlined by the employer.

Lab Service Providers and MRO Services:

  • Lab service providers will need to obtain certification from the Department of Health and Human Services (HHS) to perform oral fluid testing.
  • Laboratories will be responsible for ensuring correct device usage, expiration dates, and adherence to specific cut-off levels.
  • Medical Review Officers (MROs) will play a vital role in verifying test results and ensuring compliance with the new rule.
  • Verification of prescriptions related to drug usage will still be required, although MROs can designate an assistant under their supervision for this task.

The new DOT drug testing rule introduces oral fluid testing as an alternative to urine testing, aiming to tackle issues such as adulteration and improve result accuracy. Employers now have the choice to incorporate oral fluid testing into their drug and alcohol policy, but it’s crucial to clearly communicate these decisions to service providers. Proper training, policy revisions, and ongoing communication between all stakeholders will be key to successfully implementing this new testing method. As the rule goes into effect on June 1, 2023, it is essential for all organizations involved to prepare and adapt to ensure compliance and a smooth transition.

Remember, each organization should consult legal professionals and experts to ensure their specific policies align with the new rule and meet all necessary requirements. Stay informed, stay compliant, and prioritize the safety and well-being of your workforce.


Additional Resources:

DOT informational link:

https://www.transportation.gov/odapc/Notice_Summary_May_2023

FMCSA informational link:

https://www.fmcsa.dot.gov/regulations/federal-register-documents/2023-08041

Here is a great You Tube video:

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