The Official Newsletter for AAMRO
DOT Publishes Federal Register Notices Regarding Its Oral Fluid Drug Testing Rule
On June 21, 2024 the Department of Transportation (DOT) published three notices in the Federal Register relating to its May 2, 2023, final rule that, among other items, authorized employers to use oral fluid drug testing as an alternative testing methodology to urine drug testing. The three notices are:
- A series of technical amendments, effective today, to clarify certain provisions of the rule and address omissions of which we have become aware since the publication of the final rule.
- A direct final rule (DFR) to (a) provide temporary qualification requirements for mock oral fluid monitors, (b) provide for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection, and (c) clarify how collectors are to specify that a sufficient volume of oral fluid was collected. Comments are due July 22, 2024.
- A notice of proposed rulemaking containing the same amendments in the DFR that serves as the proposed rule to amend the procedures for DOT’s drug testing program (49 CFR 40) if adverse comments are received on any of the provisions in the DFR.
To learn more about these notices, view the documents at https://www.transportation.gov/odapc/frpubs
Today, May 2, 2023, the Department of Transportation (DOT) published a final rule that, among other items, authorizes employers to use oral fluid drug testing as an alternative testing methodology to urine drug testing. The final rule also:
- harmonizes with pertinent section of the HHS oral fluid Mandatory Guidelines,
- clarifies certain Part 40 provisions that cover urine drug testing procedures,
- removes provisions that are no longer necessary,
- adds eight new definitions, clarifying language to definitions and web links, and
- updates provisions to address issues that have risen in recent years.
To learn more about this final rule, view the rule at https://www.transportation.gov/odapc/frpubs.
DOT Part 40 https://www.ecfr.gov/cgi-bin/text-idx?SID=44edbc0e557a4cc5ff03365810ee5b1c&mc=true&node=pt49.1.40&rgn=div5
Oral Fluid Drug Testing to the Federal Register.
They are now working on finalizing a new universal Custody and Control Form that will cover both urine and oral fluid testing, as well as an updated MRO guidance document.
Drug & Alcohol Clearninghouse Registration is now open.
Drug & Alcohol Clearninghouse Learning Center Link
