The U.S. Department of Transportation (DOT) is under fire from drug testing facilities and industry stakeholders for proposed changes that could temporarily reinstate urine-based testing for motor carriers, airlines, railroads, and pipeline operators.
The move follows delays in certifying oral fluid testing labs—a key component of the DOT’s 2023 drug testing overhaul.
The final rule, implemented in June 2023, introduced oral fluid testing as an alternative to urine testing in scenarios requiring observed collections, such as invalid samples or return-to-duty cases.
However, the Department of Health and Human Services (HHS) has yet to certify two required laboratories, leaving the provision in limbo.
As a stopgap, the DOT proposes requiring directly observed urine tests until lab certification is complete. This temporary measure would sunset one year after HHS certifies the second oral fluid lab, according to DOT.
Investments Stalled, Frustrations Mount
Industry leaders argue that the proposed rule undermines investments made to prepare for oral fluid testing.
“We have spent significantly on training and new lab kits, and further delays push back returns on these investments,” said Indira Narinesingh of Occupational Health Solutions.
Her comments echo widespread concerns across regulated sectors, including trucking and pipeline operations.
Narinesingh emphasized that DOT should expedite lab certifications instead of implementing interim measures, which she described as adding “operational complexity and financial burden.”
Others, like KorManagement Services LLC, noted that collectors have already undergone costly training to meet oral fluid testing requirements, only to face prolonged delays.
Balancing Privacy and Safety
Oral fluid testing offers a less invasive alternative to urine tests, addressing privacy concerns while improving fraud prevention.
The Owner-Operator Independent Drivers Association highlighted the importance of maintaining privacy protections in any new regulations, a sentiment echoed by stakeholders across the board.
While DOT maintains that the proposed rule would have minimal cost impact, industry pushback signals deeper frustrations with the slow rollout of promised reforms.
The clock is ticking for HHS and DOT to deliver on their commitments, with stakeholders urging faster action to avoid compounding financial and logistical hurdles.
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