News: DOT Oral Fluid Testing Rule Takes Effect Dec. 5

In case you missed it on election day, Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs, a final Department of Transportation (DOT) rule published on Nov. 5 in the Federal Register, will take effect on Dec. 5, 2024. Temporary regulatory relief outlined in the rule will sunset one year after the Department of Health and Human Services (HHS) publishes a Federal Register notice that it has certified the nation’s first oral fluid drug testing laboratory.

Under the DOT rule:

• A qualified urine specimen collector is not qualified as an oral fluid collector, and vice versa.
• To help expedite the new DOT oral fluid collection process, a person who monitors and evaluates practice (mock) collections by a trainee must have completed an oral fluid train-the-trainer course or be serving as a trainer. Qualification as an oral fluid collector is not required.
• Only the collector, the donor/employee, and a DOT agency representative may be present to witness the testing process.
• A collector must ensure the collection device is working properly and check a “Volume Indicator(s) Observed” box on the related federal custody and control form to document that a sufficient volume of oral fluid was obtained.

The DOT has also confirmed that individuals may complete oral fluid collection device training and oral fluid mock collections before an oral fluid testing lab is certified by the government. However, it cautions against obtaining training on a device that may not be approved for use as part of an official HHS laboratory certification package.

Contact us to learn about our workplace substance testing services.