The U.S. Department of Transportation’s required drug-testing program has been amended to include oral fluid testing. According to the DOT, “This additional methodology for drug testing will give employers a choice that will help combat employee cheating on urine drug tests and provide a less-intrusive means of achieving the safety goals of the program.”
This rule also amends the drug-testing requirements of covered personnel who are certified by the FAA and the other transportation agencies operating under the DOT to ensure consistency with the new amendments. The rule includes other minor provisions to update the regulations and make technical changes and corrections.
In addition to the amendments themselves, the 58-page final rule document also discusses the DOT’s conclusions to the 417 commenters who responded to last year’s notice of proposed rulemaking on oral fluid testing, most of whom provided “literally thousands of meaningful points,” said the DOT.
What mattered most to the DOT was not a count of how many comments favored or opposed a particular proposal, “except in a general way.” Instead, the agency’s central concern was with “substantive” comments. Nevertheless, “We attempted to meaningfully address all comments, including the questions and concerns expressed.” The new rules take effect on June 1.