Some years ago, the Substance Abuse and Mental Health Services Administration (SAMHSA) began evaluating oral fluids testing as an alternative to urinalysis for federal government employees required to undergo drug testing. That plan eventually went into effect in 2020. As we had hoped and expected, the oral fluids methodology is finally trickling down to the U.S. Department of Transportation (DOT), which last week published a notice of proposed rulemaking in the Federal Register for oral fluids (saliva) testing.
DOT has no plans to abandon urinalysis. Rather, the agency will offer oral fluids testing as an option for employers who may find it attractive for several reasons.
For example, unless a direct-observation test is triggered by a test subject’s conduct, most urine collection takes place in a private setting. Unfortunately, this enables a knowledgeable, motivated applicant or employee to defeat urinalysis. However, collection personnel can conduct every oral fluids test under direct observation, since the privacy concerns of witnessing someone provide urine don’t exist with saliva. Oral fluids testing is also more economical. Moreover, it does not detect marijuana weeks after it is used, which will be a selling point for some companies, while others will remain with urinalysis for that reason alone.
It is important to note that oral fluids testing has been available to non-DOT employers for several years now, but the DOT has remained steadfast in only accepting urinalysis for its covered employees. However, once adopted by the DOT, it will likely become the drug-testing methodology of choice very rapidly, eventually overtaking urinalysis.
Employers Council will continue to update its members on this issue. In the highly likely event that the rule goes into effect, Employers Council will update its drug policies accordingly.
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