On February 28, 2022 (87 FR 11156), the U.S. Department of Transportation (DOT), Office of the Secretary published a Notice of Proposed Rulemaking (NPRM) in the federal register to amend the transportation industry drug testing program procedures regulation to include oral fluid testing in 49 CFR Part 40. This will give employers a choice that will help combat employee cheating on urine drug tests and provide a more economical, less intrusive means of achieving the safety goals of the program. The proposal includes other provisions to update the Department’s regulation, and to harmonize, as needed, with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services. Comments to this NPRM should be submitted by March 30, 2022. Late-filed comments will be considered to the extent practicable.

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DOT 02-28-2022 NPRM add oral drug testing