Last updated : December 16, 2024
The Department of Transportation (DOT) announced earlier this week that it published its final rule amending its oral fluid testing regulations. The final rule becomes effective on December 5, 2024. It amends several sections of the oral fluid drug testing regulations. Here’s a quick summary, but the DOT urges employers to view the document in full.
Who tests what?
The final rule clarifies who is qualified to perform oral fluid testing. In short, a qualified urine collector is not qualified to collect oral fluid specimens. It also specifies that a qualified oral fluid collector can’t perform urine testing.
Temporary qualification requirements
The DOT clarified that a qualified collector for mock oral fluid collections must also be qualified as an oral fluid collector. In other words, mock oral fluid collectors must have specific experience in oral fluid collections or training. The final ruling notes that before this rulemaking, there were no oral fluid collectors qualified to monitor and evaluate a trainee’s mock collections.
After the ruling takes effect in December, any individual who isn’t a qualified oral fluid collector may serve as the monitor for oral fluid mock collections if the individual completes an oral fluid “train the trainer” course. The individual may also collect mock oral fluid collections if they conduct oral fluid collector training.
The DOT waived the requirement that an individual must have at least one year of experience conducting oral fluid collector training to monitor mock oral fluid collections. However, they must have a thorough understanding of Part 40 and be well-versed in the course content they are teaching. Lastly, they are to maintain records to demonstrate that the training was conducted and course content met requirements as specified in § 40.35(b).
When does temporary regulatory relief end?
The DOT will end the temporary qualification requirements one year after publishing a Federal Register notice that the Substance Abuse and Mental Health Services Administration (SAMHSA) has certified the first oral fluid drug testing laboratory. After the one-year period, those observing oral fluid mock collections must comply with the qualified oral fluid collector requirements as outlined in § 40.35(c)(2).
To make everyone aware of the effective dates for compliance reasons, the DOT plans to publish a Federal Register document that specifies the date the first oral fluid laboratory is certified by Health and Human Services (HHS) and the effective date that individuals observing mock collections must comply with the qualified collector requirements as stated in § 40.35(c)(2) as was established in the May 2023 final rule.
Identifies who can be present during testing
The final ruling states that oral fluid collectors must not allow anyone other than themselves, the employee, or a DOT agency representative to witness the testing process.
Documentation specification
The final ruling specifies that after an employee provides a sufficient oral fluid specimen the collector is responsible for checking the “Volume Indicator(s) Observed” box located in Step 2 of the Federal Custody and Control Form (CCF) to document that the collector observed the volume indicator(s).
Heads up regarding training devices
The DOT wants employers to be aware that despite the fact that individuals can complete their oral fluid collection device training and oral fluid mock collections before HHS certifies a laboratory to analyze oral fluid tests, using devices for training that aren’t preapproved for use as part of an official HHS laboratory certification package is risky. If said device isn’t ultimately included as approved for use by the HHS, both the trainer and the prospective collector would be subject to retraining using approved devices.
