DOT Announces Oral Fluid Drug Testing a New Federal Procedure

Saliva from the donor is tested for prohibited drugs as part of an oral fluid drug test. Compared to other tests like urine or hair follicle testing, these saliva-based tests provide a number of benefits. For instance, oral fluid collection is directly supervised by a laboratory technician, which reduces the risk of adulteration or tampering with the sample.

Oral fluids drug tests are now a part of the regulated employee testing program that the U.S. Department of Transportation (DOT) has expanded and overhauled with new standards.  However, employers won't be able to include oral fluids testing in their regulated drug and alcohol testing program until regulators at the Department of Health and Human Services (HHS) certify at least two laboratories to process oral fluids samples before they actually start using oral fluids tests. The new regulations, which update 49 C.F.R. Part 40 (Part 40), went into effect on June 1, 2023.  However, the use of such tests may become required in some circumstances if the oral fluids testing program is put into place.

This is a significant shift because the DOT previously only permitted urine drug testing for jobs that required it, and the organization only recently established guidelines for oral fluid in October 2019.

The US Department of Health and Human Services (HHS) must accredit at least two laboratories for oral fluid testing before employers can utilize it. Federally regulated companies will have a less invasive option for drug testing after HHS has accredited a sufficient number of laboratories because swabbing employees' mouths is much easier and takes a lot less time than collecting urine samples. Although it is not necessary, employers will soon have the choice to select between oral fluid drug testing and urine drug testing.

From the perspective of an employer, it is clear that any testing procedure that will "screen out" drug users will make easier the hiring process, minimize turnover rates, and lessen the likelihood of accidents caused by substance addiction. Since saliva drug testing may be performed internally by a trained worker, it allows employers more control over the when, where, and how of drug testing.

Given that drugs take time to metabolize and manifest in a donor's urine or hair, oral fluid tests are more likely to identify recent drug usage than other types of tests. Drugs can be found in a donor's saliva right away after consumption using oral fluid testing.

The downside is, the detection window is smaller with oral fluid testing because drugs do not remain in oral fluids for as long as they do in urine or hair follicles. Additionally, while oral fluid testing is a more recent test than urine or hair follicle testing, it has not been exposed to the same level of legal scrutiny.

The rule additionally modified the process for transgender or nonbinary employees and opposite gender observers. Employers are now required to do an oral fluid test for all direct observation collections involving transgender or nonbinary individuals. The guideline also mandates the use of oral fluid testing when a direct observation test is necessary but a lab worker of the same gender cannot be located.

For all DOT-regulated drug tests, including preemployment, random, reasonable suspicion, post-accident, follow-up, or return-to-duty testing, the new rule allows employers the option of using either an oral fluid test or a urine test. Employers might want to collaborate with their collecting sites to establish a standing order that specifies the type of test to be run and when. Employers may want to revise their current DOT drug testing policies to include the new tests and the new protocols for direct observation tests if they decide to use oral fluid testing.

For more information or to Schedule your drug or alcohol test with Precision Mobile Testing, Call Today! #precisionmobiletesting