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DOT Drug Testing Rules and Proposals in Federal Register - Workforce QA
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DOT Drug Testing Rules and Proposals in Federal Register

DOT Drug Testing Rules and Proposals in Federal Register

On June 21, 2024, the following notices were published in the Federal Register:

The Federal Register documents issued by DOT today concerning changes to Part 40 drug and alcohol testing procedures are of 3 types, 1) technical amendments to the Part40 final rule (effective immediately); 2) a notice of proposed rulemaking (NPRM) with a 30 day public comment period, to make certain changes in oral fluid collection procedures, including temporary qualifications for mock collection facilitators/instructors, donor privacy requirements for oral fluid collections; and  a requirement to mark on the CCF that an adequate volume oral fluid specimen was obtained; and 3) a direct final rule making the changes outlined in the NPRM effective August 5, 2024.

  1. The technical amendments to Part 40, effective June 21, 2024 were made to clarify and correct inconsistences in the final rule published May 2, 2023 which authorized oral fluid drug testing.
  2. The NRPM proposes some additional procedural changes in Part 40 related to 1)qualifications for trainers/facilitators for oral fluid specimen collectors, 2) the privacy protections for individuals during an oral fluid specimen collection, and 3) a requirement for the oral fluid specimen collector to mark on the CCF than an adequate volume of oral fluid was collected.  The public comment period is 30 days, ending July 22, 2024.
  3. The direct final rule simply makes the changes in the NPRM outlined above, effective on August 5th.  The proposed changes are considered non-controversial and non-substantive and thus this direct final rule puts them in effect without the total rulemaking process.  If substantive adverse comments to the direct final rule are received, the DOT will withdraw the direct final rule. 
Final Rule:  Procedures for Transportation Workplace Drug and Alcohol Testing Programs DOT is issuing technical amendments to its drug testing procedures rule, effective since June 1, 2023, to clarify certain provisions and correct omissions. These changes address the addition of oral fluid drug testing and aim to rectify inconsistencies in the regulation’s text. Summary:  The U.S. Department of Transportation is making a series of technical amendments to its drug testing procedures rule, which was effective June 1, 2023. The purpose of these technical amendments is to clarify certain provisions of the rule and address omissions of which we have become aware since the publication of the final rule. Proposed Rule:  Procedures for Transportation Workplace Drug and Alcohol Testing Programs DOT is proposing revisions to Part 40 drug and alcohol testing procedures, effective June 1, 2023, pertaining to oral fluid drug testing, including mock collections, privacy requirements, and guidelines for verifying sufficient specimen volume.  The changes aim to address unforeseen issues with privacy concerns and collection protocols.  DOT is simultaneously publishing the revision of DOT’s drug testing regulation as a direct final rule (listed below).  If DOT receives no adverse comment, it will not take further action on this proposed rule. Summary:  The U.S. Department of Transportation (DOT) is proposing to revise its drug and alcohol testing procedures final rule published on May 2, 2023, to provide temporary qualification requirements for mock oral fluid monitors, provide for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection, and clarify how collectors are to specify that a sufficient volume of oral fluid was collected. In the “Rules and Regulations” section of this issue of the Federal Register , DOT is simultaneously publishing the revision of DOT’s drug testing regulation as a direct final rule without a prior proposed rule. If DOT receives no adverse comment, it will not take further action on this proposed rule. Direct Final Rule:  Procedures for Transportation Workplace Drug and Alcohol Testing Programs DOT is revising its drug testing procedures rule, effective June 1, 2023, to introduce temporary requirements for mock oral fluid monitors, ensure privacy during oral fluid collections, and clarify the collection process.  This direct final action is deemed noncontroversial, but if substantive adverse comments are received, the DOT will withdraw the direct final rule before the effective date. Summary:  The U.S. Department of Transportation (DOT) is taking direct final action to revise DOT’s drug testing procedures rule, which became effective on June 1, 2023, to provide temporary qualification requirements for mock oral fluid monitors, provide for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection, and clarify how collectors are to specify that a sufficient volume of oral fluid was collected.
WorkforceQA’s dedicated Compliance Team diligently monitors these changes and promptly shares essential updates with our valued clients as needed.