December 23, 2024

Employers Who Do Drug and Alcohol Testing under Federal DOT Requirements Are Getting a New Option

Soon employers who are required to test workers for drugs or alcohol under the federal Department of Transportation mandate will have the option of conducting oral fluid testing. New regulations allowing this method of testing have been published and are technically effective June 1, 2023. Employers will not be able to include oral fluid testing in their drug and alcohol testing program until the Department of Health and Human Services certifies a minimum number of laboratories to process oral fluid samples.

The mechanics of the new testing process are explained in the regulations, outlining detailed procedures for collecting and handling the samples. A trained collector will be required in the process. Samples will be collected and packaged for testing to ensure a sufficient sample for both initial and confirmatory testing. 

It is estimated that more than eight million U.S. workers perform jobs subject to drug and alcohol testing regulations of the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and other DOT sub-agencies. It is expected that many employers will find the new option a preferred way to efficiently conduct testing. 

For more information on the new testing option, including DOT recommendations for employers, see https://www.transportation.gov/odapc/Notice_Summary_May_2023.