The U.S. Department of Transportation (DOT) finalized a rule in May of 2023 that allowed for oral fluid drug testing in lieu of urine testing that was effective in December of 2023. However, the rule required that a minimum of two laboratories be certified under the Department of Health and Human Services (HHS) Guidelines. One, the primary lab, and the second to be a split specimen lab.

The benefits of using oral fluid testing instead of urine testing are:

• Collections are directly observed which lowers the risk of specimen tampering
• There is no need for gender specific collections
• The collection process is quicker
• Oral fluid tests detect recent drug use within approximately 24-38 hours

While it seems that oral fluid testing is a great option, it is still not available to date because labs have yet to be certified. So, what are employers supposed to do?

In May of 2026 the DOT made a final rule to “require a directly observed urine collection in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available.” This new rule went into effect on June 10, 2026, and is intended to be an interim solution while the implementation of oral fluid testing is still pending.

In addition to having two HHS certified labs available, “a qualified oral fluid collector is available, and a conforming oral fluid collection device is available at the collection site.” Specimen collectors must be trained in the oral fluid collection and meet all the following requirements:

(1) Basic Information

(2) Qualification Training

(3) Initial Proficiency Demonstration

You can find details on the requirements at: https://www.transportation.gov/sites/dot.gov/files/2024-12/ODAPC_20241205_How_To_Become_an_ORALFLUID_Collector.pdf.

In addition to being trained in the oral fluid collection, collectors will also be responsible “to consult the employer’s standing orders or contact the Designated Employer Representative for directions in specified collection scenarios under § 40.65.”

Even when a second lab is certified, the DOT will allow an 18-month grace period after the second certified lab is announced for employer to be set up with the lab for the testing. Employers will be allowed to continue using directly observed testing during this time but must move to oral testing once they are set up and able to use the oral testing method. This method is required when a same sex observer is not available to conduct the observed urine collection.

Employers are expected to keep watch for developments in the HHS lab certification and update their processes and policies accordingly.

Sources: landline.media; natlawreview.com; transportation.gov