DOT Drug and Alcohol Testing and Employment Screening Updates

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APPLIES TO

All Employers subject to DOT Testing

EFFECTIVE

June 1, 2023

  

QUESTIONS?

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Quick Look

  • Oral fluid tests will be an option for DOT drug and alcohol testing once at least two laboratories to process oral fluids samples have been certified by HHS.
  • If a DOT driver who has not been subject to FMCSA testing seeks a position that is subject to FMCSA testing, the employer needs to obtain prior violations from their prior employers.

Discussion

The U.S. Department of Transportation (DOT) recently published regulations adding oral fluid tests as an option for drug and alcohol testing. Once the Department of Health and Human Services (HHS) certifies at least two laboratories to process oral fluids samples, employers may begin to use oral fluids tests. Employers typically can determine the sample collection method it will use for drug testing purposes. Notably, oral fluids tests will be the only means of conducting observed specimen collections from transgender workers. The regulations impact all of the DOT’s sub agencies with mandatory drug testing requirements.

Newly updated regulations also state that if a commercial driver has been subject to non-FMCSA DOT drug and alcohol requirements in the last three years, the new employer must continue to seek information regarding that driver’s prior drug and alcohol violations directly from those prior employers. This is important because only Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol violations are stored in the DOT’s Clearinghouse database. If a DOT driver who has not been subject to FMCSA testing seeks a position that is subject to FMCSA testing, the employer needs to obtain prior violations from their prior employers.

 

Action Items

  1. Review the regulations here.
  2. Communicate with drug testing vendors regarding preferred sample collection methods.
  3. Update policies and procedures for compliance, as applicable.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase