Why This Story Matters:
In January 2025, a representative from the largest and most comprehensive national trade association for the trucking industry asked United States (U.S.) lawmakers to help expand drug testing for truck drivers. Employers in the trucking industry performing drug tests on truck drivers should be aware of any potential changes in the drug testing laws in America.
Trucking Group Asks U.S. Lawmakers to Help Expand Drug Testing for Truck Drivers
On January 22, 2025, a representative from the American Trucking Associations (ATA) – the largest and most comprehensive national trade association for the trucking industry – asked United States (U.S.) lawmakers to help expand drug testing for truck drivers, according to an article from Safety+Health magazine, a publication from the nonprofit National Safety Council (NSC).
The article from Safety+Health reported that ATA Chair Dennis Dellinger testified during a House Highways and Transit Subcommittee hearing and said that “lawmakers can help advance industry safety via legislation on various long-standing trucker concerns” and that “promoting safety for the motoring public and our drivers is a high priority for the trucking industry.”
The article also reported that Dellinger’s written testimony criticized the “regulatory limbo” that has slowed a final rule from the U.S. Department of Transportation (DOT) – which oversees the transportation system in the United States – that established oral fluid drug testing as an approved method for truck drivers and other transportation workers in safety-sensitive positions.
On December 5, 2024, a revised DOT final rule took effect and stated that employers could not implement oral fluid testing until the U.S. Department of Health and Human Services (HHS) certified at least two laboratories to conduct oral fluid testing. However, on January 3, 2025, the HHS published a notice in the Federal Register indicating that no labs had been certified.
On December 9, 2024, the DOT published a proposed rule that temporarily revised drug testing procedures to require employers to directly observe urine tests “in situations where oral fluid tests are currently required but oral fluid testing is not yet available” which included if testing “was invalid without adequate medical explanation” or was for a worker’s return to duty.
“Federal acceptance of both oral fluids and hair testing as independent, alternative testing methods would allow employers to identify a greater number of safety-sensitive employees who violate federal drug laws and keep these unsafe drivers off the road,” Dellinger explained in his written testimony for the hearing, according to the article from Safety+Health magazine.
DOT Publishes Proposed Rule Revising Oral Fluid Drug and Alcohol Testing Requirements
On December 9, 2024, the 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 accepted comments on the proposed rule until January 8, 2025.
The DOT proposed 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 trucking industry employees because the HHS – a U.S. government agency that 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 in the United States.
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 background 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:
- ClearMD fully automated electronic registration for drug tests, clinical services, and occupational health screening
- 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 Federal Motor Carrier Safety Administration (FMCSA) support including Drug and Alcohol Clearinghouse
ClearStar has provided innovative background screening solutions from its corporate offices in Alpharetta, Georgia, since 1995, and is celebrating the company’s 30th anniversary in 2025. 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, 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.
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