The new DOT final testing rule is a regulation that was published on May 2, 2023 and will be effective on June 1, 20231.
The rule amends the DOTs regulated industry drug testing program to include oral fluid testing as an additional methodology for drug testing. The rule also harmonizes with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services (HHS).
The rule allows employers to choose between oral fluid or urine testing for any DOT-regulated test, such as pre-employment, random, reasonable suspicion/cause, post-accident, return-to-duty, or follow-up. The rule also allows employers to change to the other type of collection if there is a reason a second collection is needed during the testing event, such as insufficient quantity or temperature out-of-range. However, oral fluid testing must be available for directly observed collections for transgender and nonbinary individuals.
The rule requires oral fluid testing to be conducted by HHS-certified laboratories, which have not yet been certified as of May 2023. The rule also requires oral fluid testing to follow the same procedures and cut-off levels as urine testing for the five categories of drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP), and the four semi-synthetic opioids: hydrocodone, hydromorphone, oxycodone, and oxymorphone.
The rule aims to provide employers with 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. The rule also updates some definitions and makes other technical changes or corrections to ensure consistency within the DOT.
Minert & Associates will be implementing the final rule in all DOT clients protocols as soon as the DOT certifies the two needed laboratories. This may not occur until LATE 2024 but as soon as available Minert will notify clients and maintain their processes for collection at the various collection sites they utilize.
