June 26, 2024
The Department of Transportation (DOT) recently published two direct final rules revising procedures for workplace drug and alcohol testing programs.
The first direct final rule revises procedures to a rule that went into effect last year, which authorized oral fluid drug testing as an additional methodology for employers to use as a means of achieving the safety goals of the program.
The DOT since determined instances in which the text of various aspects of the procedures, as amended by the final rule, needed to be further amended due to unforeseen circumstances rendering it impossible to comply with requirements for mock oral fluid collection observers, consistency with regard to privacy during testing and a need to clarify the means by which oral fluid collectors specify that a sufficient volume of oral fluid was collected.
The newly revised procedures provide temporary qualification requirements for mock oral fluid monitors, provide for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection and clarify how collectors are to specify that a sufficient volume of oral fluid was collected.
These revised procedures are effective Aug. 5, without further notice unless the DOT receives negative public comments by July 22. If adverse comments are received, the DOT will withdrawal this final rule and address adverse comments.
In a separate rule, the DOT published a series of technical amendments to the drug testing procedures rule that went into effect last year. These technical amendments clarify certain provisions of the rule and address omissions identified since the publication of the final rule. This rule was effective June 21.
NBAA advises entities conducting DOT workplace drug and alcohol testing requirements should become familiar with the revised procedures.
