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DOT Issues Final Rule on Oral Fluid Drug Testing

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Effective June 1, 2023: The U.S. Department of Transportation’s (DOT) regulated industry drug testing program will now include oral fluid testing. Under a recently issued final rule, the current DOT drug testing program is amended by adding oral fluid testing as a valid methodology for drug testing. Employers will now have the option to choose this less intrusive testing method, helping to prevent employees from cheating on urine drug tests.

To implement oral fluid testing under the DOT’s regulation, the U.S. Department of Health and Human Services must certify at least two laboratories for this type of testing, which has not yet occurred. The final rule also includes provisions to update the DOT’s regulations, aligning them with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid, and to ensure consistency within the DOT by adjusting any references to “urine” and adding “oral fluid.” The rule also removes or amends certain definitions and makes other technical corrections.

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