United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2023_register executive 2023-05-02 article Part II Rules and Regulations D09002ee1c79cd04c D09002ee1c79cd16d United States Department of Transportation originator org United States Government Agency or Subagency United States Federal Aviation Administration originator org United States Government Agency or Subagency United States Office of the Secretary originator org United States Government Agency or Subagency United States Federal Railroad Administration originator org United States Government Agency or Subagency United States Federal Motor Carrier Safety Administration originator org United States Government Agency or Subagency United States Federal Transit Administration originator org United States Government Agency or Subagency 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. 88 FR 27596 https://www.govinfo.gov/app/details/FR-2023-05-02/2023-08041 2023-08041 fr02my23-6 RIN 2105-AE94 4910-9X-P Docket DOT-OST-2021-0093 https://www.govinfo.gov/app/details/FR-2023-05-02/2023-08041 https://www.govinfo.gov/content/pkg/FR-2023-05-02/html/2023-08041.htm https://www.govinfo.gov/content/pkg/FR-2023-05-02/pdf/2023-08041.pdf Air Carriers Alcoholism Alcohol Abuse Aviation Safety Drug Abuse Drug Testing Operators Reporting and Recordkeeping Requirements Safety Safety-Sensitive Transportation Penalties Railway Safety Reporting and Record Keeping Requirements Conductors Highway Safety Motor Carriers Administrative Practice and Procedures Alcohol Testing Laboratories Administrative Practice and Procedure Locomotive Engineer Railroad Employees Railroad Operating Procedures Railroad Safety Grant Programs-Transportation Mass Transportation 58 p. 27596 27653 88 FR 27596 Title 14 Part 120 14 CFR Part 120 Title 49 Part 219 49 CFR Part 219 Title 49 Part 240 49 CFR Part 240 Title 49 Part 242 49 CFR Part 242 Title 49 Part 382 49 CFR Part 382 Title 49 Part 40 49 CFR Part 40 Title 49 Part 655 49 CFR Part 655 RIN 2105-AE94 Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs; Federal Register Vol. 88, Issue RULE 2023-08041 II DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Office of the Secretary Federal Railroad Administration Federal Motor Carrier Safety Administration Federal Transit Administration 2023-06-01 Docket DOT-OST-2021-0093 4910-9X-P 2023-08041 Final rule.

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.

This final rule is effective on June 1, 2023. For OST, Patrice M. Kelly, JD, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone number 202-366-3784; ODAPCwebmail@dot.gov. For FAA, Nancy Rodriguez-Brown, Deputy Director, Office of Aerospace Medicine, Drug Abatement Division, AAM-800, FAA, 800 Independence Avenue SW, Washington, DC 20591 (telephone: 202-267- 8442; drugabatement@faa.gov). For FMCSA, Bryan Price, Chief, Drug and Alcohol Programs Division, Office of Safety Programs, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 (telephone: 202-366-2995; email: bryan.price@dot.gov). For FRA, Gerald Powers, Drug and Alcohol Program Manager, Office of Railroad Safety--Office of Program Management, FRA RRS-25, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 (telephone: 202-493-6313; email: gerald.powers@dot.gov). For FTA, Iyon Rosario, Senior Drug and Alcohol Program Manager, Office of Transit Safety and Oversight (TSO), FTA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 (telephone: 202-366-2010; email: iyon.rosario@dot.gov). Air Carriers Alcoholism Alcohol Abuse Aviation Safety Drug Abuse Drug Testing Operators Reporting and Recordkeeping Requirements Safety Safety-Sensitive Transportation Penalties Railway Safety Reporting and Record Keeping Requirements Conductors Highway Safety Motor Carriers Administrative Practice and Procedures Alcohol Testing Laboratories Administrative Practice and Procedure Locomotive Engineer Railroad Employees Railroad Operating Procedures Railroad Safety Grant Programs-Transportation Mass Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs, bryan.price@dot.gov drugabatement@faa.gov gerald.powers@dot.gov iyon.rosario@dot.gov ODAPCwebmail@dot.gov http://www.currentconsultinggroup.com/wp-content/uploads/2022/07/2022-Drug-Testing-Industry-Survey.pdf https://content.govdelivery.com/accounts/USDOT/bulletins/3304b9a https://doi.org/10.1093/jat/30.7.458 https://doi.org/10.1196/annals.1384.037 https://www.federalregister.gov https://www.regulations.gov https://www.samhsa.gov https://www.samhsa.gov/workplace https://www.samhsa.gov/workplace/drug-testing-resources/certified-lab-list https://www.transportation.gov/odapc https://www.transportation.gov/odapc/get-odapc-email-updates https://www.transportation.gov/odapc/hipaa-statement https://www.transportation.gov/odapc/mro-split-specimen-cancellation-notification https://www.transportation.gov/odapc/part40QA/40-311 https://www.transportation.gov/odapc/Statement_of_Enforcement_Discretion_SAPs https://www.transportation.gov/odapc/substance-abuse-professional-guidelines https://www.transportation.gov/odapc/urine-specimen-collection-guidelines https://www.transportation.gov/privacy https://www.transportation.gov/sites/dot.gov/files/docs/resources/partners/drug-and-alcohol-testing/323471/july-2014-part-40-questions-and-answers.pdf https://www.workplace.samhsa.gov regulations.gov Vol. 88, no. 84 Office of the Federal Register, National Archives and Records Administration 2023-05-02 continuing daily deposited born digital 268 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2023-05-02 P0b002ee1bdd7920d 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr02my23 https://www.govinfo.gov/app/details/FR-2023-05-02 https://www.govinfo.gov/content/pkg/FR-2023-05-02/pdf/FR-2023-05-02.pdf https://www.govinfo.gov/content/pkg/FR-2023-05-02/xml/FR-2023-05-02.xml fdlp 27395 27653 DGPO 2023-05-02 2024-05-29 FR-2023-05-02 machine generated eng FR FR-2023-05-02 88 84