Here we are at the beginning of a new year again. This is a good time to review all of your background and drug screening forms, policies, and procedures.
This is also a good time to look ahead and see what changes to the various laws governing background and drug screening will be enacted or updated this year.
There are some Federal updates to drug screening.
Hair Testing
In May of 2025 the Department of Health and Human Services (DHHS) is expected to publish new guidelines, which have been delayed twice already, for hair drug testing. These guidelines will apply to the Federal Motor Carrier Safety Administration as well as other federal agencies.
There were problems with the original proposed guidelines. Even with a hair test there was still a requirement for a urine sample. This is problematic as urine does not show long term use. While hair testing does show long term use, substances do not show up right away in hair tests. Requiring both tests could give conflicting results.
The Owner-Operator Independent Drivers Associates feels that a mandate for hair testing would also cause more exposure to discrimination claims against employers. Some drivers may have medical or religious reasons for not wanting to submit to a hair test.
However, hair testing seems to be the better option when it comes to safety. In 2021, 88,000 CDL holders who applied for jobs were asked to submit to both hair and urine testing. With the urine tests, a little over 400 drivers tested positive. With the hair tests, 4,000 drivers tested positive.
Oral Fluid Testing
The Department of Transportation (DOT) approved oral fluid testing in June of 2023. The problem is there are no labs which have yet been certified by the DHHS. Until the DHHS certifies at least two labs, oral fluid testing is not an option.
It is harder to cheat on an oral test than it is on a urine test. Oral tests are done with a mouth swab, so they are less intrusive than urine tests, especially when observed collections are required. Oral drug tests are typically less costly than urine and hair tests, which can provide cost savings to employers.
The DOT posted a notice of proposed rulemaking to allow for the public to comment on this issue. The cutoff date for all comments is 1/8/2025. There is no set date for a resolution to this matter.
Sources:
- DOT finalizes oral fluid drug-testing rule for truck drivers | FleetOwner
- DOT to remove oral drug testing requirement until Health and Human Services certifies labs | FleetOwner
- New drug hair testing guidelines delayed until May 2025 – FreightWaves
- Feds offer ‘short-term solution’ to problem with drug testing regs – Land Line
- https://www.regulations.gov/document/DOT-OST-2021-0093-0461
By Susan Chance, courtesy of SBAM-approved partner, ASE.
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