2022Drug Testing

Written By ESR News Blog Editor Thomas Ahearn

On February 27, 2022, the U.S. Department of Transportation (USDOT) issued a proposal in the Federal Register on “Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs” to add oral fluid testing to the existing urine drug testing for safety-sensitive transportation employees subject to drug testing under Part 40 of Title 49 of the Code of Federal Regulations.

This proposal will help employers combat employee cheating on urine drug tests, provide a more economical and less intrusive means of achieving the safety goals of the program, and include other provisions to update the USDOT’s regulation and to harmonize with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services (HHS).

The USDOT also proposes to clarify certain Part 40 provisions that cover urine drug testing procedures, remove provisions that no longer are necessary, add clarifying language to other provisions like updated definitions and web links, and update provisions to reflect issues that have arisen in recent practice. Since 2004, when HHS previously considered oral fluid testing, the scientific viability of that testing has advanced.

Comments on the USDOT’s proposal should be submitted by March 30, 2022, by mail to Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor Room W12-140, Washington, DC 20590-0001, or by the online Federal eRulemaking Portal at www.regulations.gov. To ensure proper docketing, please include the agency name and docket number DOT-OST-2021-0093.

Employment Screening Resources (ESR) is a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services. ClearStar offers transportation employment background checks that provide a full suite of services, full DOT support, and the largest drug test collection site network with more than 9,000 locations nationally. To learn more, please visit www.clearstar.net/transportation/.

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