Washington — Drug testing for truck drivers and other safety-sensitive transportation workers must continue to be conducted via urine tests until the Department of Health and Human Services has certified at least two laboratories to conduct oral fluid testing.
A Department of Transportation final rule, published May 11 and set to go into effect June 10, corrects an “inadvertent factual impossibility” created by a June 2023 final rule that permits oral fluid testing as an alternative to urine testing. As of May 1, HHS indicated that no labs had been certified to conduct the testing.
Under the May 11 rule, employers are required to directly observe urine testing “in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available.”
DOT adds that the provision will “sunset” one year after HHS announces the certification of a second laboratory to conduct oral fluid testing.
In April, six House Republicans sent a letter to HHS Secretary Robert F. Kennedy Jr. asking the department to remove “regulatory barriers” they contend have slowed the implementation of oral fluid testing. Their request includes moving occupational drug testing out of the Food and Drug Administration’s 510(k) medical clearance program, which they claim “does not account for the forensic and occupational standards that govern workplace testing.”
FDA issued such a proposal on May 1 and is accepting comment until June 30.
The American Trucking Associations, which calls the clearance requirement the “primary obstacle” to oral-fluid lab certification, applauded the proposed rule.
“Trucking relies on a strong federal drug testing program to protect public safety and ensure that impaired individuals are not operating commercial motor vehicles,” ATA President and CEO Chris Spear said in a press release. “Following years of advocacy focused on cutting red tape, ATA is pleased that FDA has finally created a pathway to implement oral fluid testing.
“This major development also lays the groundwork for the eventual adoption of hair testing. Empowering employers with these tools will make drug testing more accurate, more cheat-resistant and less invasive. The end result will be a stronger trucking workforce and safer roads for everyone.”
