Base
Rule2023-080412023-05-02

Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs

Transportation Department, Federal Aviation Administration, , Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Transit Administration

Abstract

This final rule amends the U.S. Department of Transportation's regulated industry drug testing program to include oral fluid testing. 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. In order for an employer to implement oral fluid testing under the Department's regulation, the U.S. Department of Health and Human Services will need to certify at least two laboratories for oral fluid testing, which has not yet been done. The final rule includes other provisions to update the Department's regulation and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services. In addition, this rule amends the FAA, FMCSA, FRA and FTA regulations to ensure consistency within the Department of Transportation and by removing or adjusting references to the word "urine" and/or add references to oral fluid, as well as removing or amending some definitions for conformity and to make other miscellaneous technical changes or corrections.

Action & Dates

Action
Final rule.
Dates
This final rule is effective on June 1, 2023.
Effective Date
2023-06-01

CFR References

Topics

Administrative practice and procedureAir carriersAlcohol abuseAlcoholismAviation safetyDrug abuseDrug testingGrant programs-transportationHighway safetyLaboratoriesMass transportationMotor carriersPenaltiesRailroad employeesRailroad safetyReporting and recordkeeping requirementsSafetyTransportation

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration Office of the Secretary Federal Railroad Administration Federal Motor Carrier Safety Administration Federal Transit Administration 14 CFR Part 120 49 CFR Part 40 49 CFR Parts 219, 240, and 242 49 CFR Part 382 49 CFR Part 655 [Docket DOT-OST-2021-0093] RIN 2105-AE94 AGENCY: Office of the Secretary of Transportation (OST), Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA); U.S. Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This final rule amends the U.S. Department of Transportation's regulated industry drug testing program to include oral fluid testing. 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. In order for an employer to implement oral fluid testing under the Department's regulation, the U.S. Department of Health and Human Services will need to certify at least two laboratories for oral fluid testing, which has not yet been done. The final rule includes other provisions to update the Department's regulation and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services. In addition, this r

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 88 FR 27596