By: Michael Barron Jr.

In May1st’s Federal Register, the FRA and other DOT agencies published an amendment to the drug and alcohol rules  to include oral fluid testing. This additional methodology gives employers a choice that will help combat employee cheating on urine tests and provide a less intrusive method to attain the goals of the program. In order for an employer to implement oral fluid testing under the  regulation, the U.S. Department of Health and Human Services needs to certify at least two laboratories for oral fluid testing, which has not yet been done. The final rule includes other updates to the DOT regulation and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services. In addition, this rule amends the FAA, FMCSA, FRA and FTA regulations to ensure consistency within the DOT and by removing or adjusting references to the word ‘‘urine’’ and/or add references to oral fluid, as well as removing or amending some definitions for conformity and to make other miscellaneous technical changes or corrections.  The final rule is effective on June 1, 2023 and is attached. Final Rule on oral specimen drug testing 

Please contact Michael Barron if you have questions at mbarron@fletcher-sippel.com or 312-252-1511.