PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS: TECHNICAL AMENDMENTS, PROGRAMS, AND TESTING PROGRAMS
July 22, 2024
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The Department made amendments to the current drug testing procedures rule, which went into effect in June 2023. The majority of these amendments are technical in nature and are intended to correct textual errors in the statute. DOT reiterated that these amendments are corrective of the current rule that went through a formal notice and comment process. The amendments do not make any substantive changes to 49 C.F.R. Part 40; the goal is to clarify the rule for laboratories, employers, employees’ subjects to testing, and other stakeholders. The amendments went into effect June 21, 2024.
DOT also published a direct final rule revising the current DOT drug testing procedures which went into effect in May 2023. These changes provide temporary requirements for mock oral fluid monitors, provide for uniform privacy requirements by deciding which individuals can be present during oral fluid collection, and clarify how collectors are to distinguish when an adequate volume of oral fluid is retrieved. The final rule becomes effective on August 5, 2024 without further notice unless DOT receives comments suggesting a different date by July 22, 2024. DOT is issuing this direct final rule because it believes that this rule is noncontroversial and does not expect adverse comments on any provisions.
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