Last updated : October 28, 2024
On Thursday, August 1st, the Department of Transportation (DOT) withdrew its proposed final ruling concerning oral fluid drug testing. It was due to the 19 negative comments received during the official commenting phase which began back in June. It turns out that most negative responses were regarding the training received by individuals collecting the specimens.
Thirteen of the nineteen opposing comments received were made by the National Drug and Alcohol Screening Association (NDASA) and its members.
One of those comments, received by the NDASA organization, represented 5,000 of the organization’s members. The group expressed that the DOT needed to address a “factual impossibility” as listed in the original final ruling. It noted that while the proposed change corrected the issue, it was at the expense of numerous individuals and businesses who had jumped on board with pre-training collectors.
The NDASA’s comment stated, in part:
“Delaying collector training until after laboratories are HHS-certified will cause small businesses that have met the train-the-trainer course requirements to suffer the loss of training revenue. It will also create a shortage of properly trained and qualified oral fluid collectors (and delay collecting) specimens for possibly months after the first laboratories are certified.”
The group addressed other concerns. One is that the proposed amendments to observing privacy during specimen collection would “render DOT-regulated employers unable to meet the regulatory requirement to conduct a directly observed collection for those who are transgender or nonbinary.”
The opposition here should be well taken. That’s because the oral fluid test consists of having the test subject hold a mouth swab in place. The swab is removed when it becomes saturated with saliva. All humans should be capable of opening their mouths to allow the technician to place a mouth swab inside no matter how they identify as an individual.
Nothing could take effect anyway
The press release withdrawing the final ruling of the oral fluids test on August 1, 2024, halts the entire process for the time being. However, the fact that the DOT withdrew the proposed final ruling really has no bearing on a start date for oral fluid testing of the safety-sensitive workforce.
Employers can’t use anything but urine drug tests anyway. That’s because there aren’t any approved laboratories to analyze the results. The Substance Abuse and Mental Health Services (SAMHSA) must approve two laboratories before employers can submit oral fluid test samples. SAMHSA-approved laboratories are held to the highest standards. They routinely undergo rigorous inspections to ensure they comply with strict government regulations. That’s all well and good, of course, but when will the labs be ready to go?
It is unknown when to expect laboratory approval. The trucking industry is looking forward to having an alternative drug testing method other than the urine drug test. Many employers were hopeful they’d be given the green light during the first few months of this year. It was rumored that labs would be set to go. But it’s nearly fall already, and still nothing.
Hang in there though
Safety-sensitive employers may want to use the oral fluid method rather than the urine drug test for many reasons.
They include:
- Oral fluid testing saves time.
- There is no chance of altering the results.
- It benefits employees who suffer from shy bladder syndrome.
- Oral fluid testing is less costly.
- Fast, reliable results assured.
Even though it may seem things have come to a screeching halt regarding DOT-approved oral fluid drug testing, it’s just temporary. Moreover, we all know that the DOT tends to move slowly where change is concerned. Government agencies are well known for dotting every “i” and crossing every “t” —even when it’s not officially documented by a “final ruling” of their own.
Employers of the safety-sensitive workforce don’t give up hope. Keep looking forward to the day oral fluid drug testing is allowed. Moreover, rest assured we’ll get the word out when it happens.
