The U.S, Department of Transportation (DOT) has issued a final rule amending 49 CFR Part 40, effective December 5, 2024. The DOT’s original policy regarding oral fluid testing was created in May 2023, and issues were identified in a Notice of Proposed Rulemaking (NPRM) delivered on June 21, 2024. The most recent rule addresses: 1) Temporary Qualification Requirements for Oral Fluid Collectors 2) Privacy During Oral Fluid Collections, and 3) Documentation of Sufficient Oral Fluid Volume.
The adoption of oral fluid testing provides possible advantages including: minimizing the risk of specimen tampering compared to urine testing, providing a collection process that is directly observable and ensures authenticity, and testing results that can detect recent drug use making it a tool for post-accident or reasonable suspicion testing.
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