Why This Story Matters:
In December 2024, the U.S. Department of Transportation (DOT) – which oversees America’s transportation system – published a proposed rule in the Federal Register that would revise oral fluid requirements for DOT drug and alcohol testing since oral fluid testing is not yet available. Employers using DOT testing need to be aware of this proposed rule.
DOT Publishes Proposed Rule Revising Oral Fluid Drug and Alcohol Testing Requirements
On December 9, 2024, the U.S. Department of Transportation (DOT) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register titled “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” that would revise oral fluid requirements for drug and alcohol testing. The DOT is accepting comments on the proposed rule until January 8, 2025.
The DOT – which oversees the transportation system in the United States – requires drug and alcohol testing for the Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), and Pipeline and Hazardous Materials Safety Administration (PHMSA).
The DOT proposes to revise the final rule titled “Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs” – which took effect in June 2023 – “to address unforeseen circumstances rendering it impossible to comply with requirements in the final rule” because oral fluid testing is not yet available.
Oral fluid testing is still not implemented for transportation employees because the U.S. Department of Health and Human Services (HHS) – which oversees the health and well-being of all Americans – has not yet certified an oral fluid testing laboratory. The HHS would need to certify at least two laboratories to enable the DOT oral fluid testing.
Until the HHS certifies enough laboratories to make oral fluid drug testing possible, the DOT is proposing to revise its drug testing procedures rule “to provide interim provisions to require the conduct of directly observed urine tests in situations where oral fluid tests are currently required, but oral fluid testing is not yet available,” according to the proposed rule.
ClearStar Offers Drug and Alcohol Testing Solutions
ClearStar – a global workforce screening provider that specializes in background checks, drug and alcohol testing, and occupational health services – offers employers a technology-driven process for managing and maintaining an effective Drug and Alcohol Screening Program. In addition to providing testing at over 20,000 locations in the United States, ClearStar offers:
- Single candidate invite for all services via text or email
- Electronic Custody and Control Form (eCCF) available for drug and clinical tests
- Mobile wallet pass with built-in reminders available
- Real-time collection status updates
- In-house Medical Review Officer (MRO) provides doctor-reviewed results via email, fax, web, or XML
- Full integration with most Applicant Tracking Systems (ATSs)
ClearStar knows a drug-free workplace can improve safety, reduce injuries, lower costs, increase productivity, and deter employees from using drugs at work. To help employers comply with drug testing laws nationwide, ClearStar offers Drug Screening Compliance Packages, a Marijuana Legality Interactive Map, and a State Drug Testing Laws Interactive Map.
ClearStar Offers Transportation Screening Solutions
ClearStar also offers comprehensive and compliant Transportation Screening solutions for DOT-regulated and non-regulated employers in the transportation industry. Specifically, ClearStar can help employers in the trucking industry make informed hiring decisions for drivers by providing a full suite of Transportation Screening services that include the following:
- Background Checks
- Drug/Clinical Tests
- Physicals
- Reasonable Suspicion Testing
- Post-Accident Testing
- Full FMCSA support including Drug and Alcohol Clearinghouse.
Transportation is a highly regulated and competitive industry. In order to stay competitive and compliant, employers in the Transportation industry need to partner with the best available background screening provider to help them hire the right people. To learn more about quality Drug and Alcohol Testing and Transportation Screening solutions, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
