The U.S. Department of Transportation recently gave employers a choice to include oral fluid specimens in their drug testing programs.
A notice of proposed rulemaking to amend the transportation industry's drug-testing program procedures was published in the Federal Register on Feb. 28.
"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 agency's notice says.
While the rule went into effect on Jan. 1, 2020, each agency must go through its own rulemaking process. The public has until Mar. 30 to submit comments.
THC or its metabolite is detectable by oral fluid tests during one to two days post-exposure, a significantly shorter time span than that of urinalysis.
Moreover, oral testing also allows direct observation of collection, the notice explains.
"Unlike directly observed urine collections, an oral fluid collection is much less intrusive on the tested employee's privacy," the notice stated. "By providing the option of collecting an oral fluid specimen, DOT is broadening options for the testing of safety-sensitive employees in the transportation industries."
Nevertheless, it's clear that growing popularity of cannabis in the U.S. represents a complex issue for the trucking industry, which is federally regulated as opposed to marijuana which remains prohibited under federal workplace drug testing programs for the over 3.5 million drivers.
Trucking Industry & Cannabis Legalization
In the meantime, concerns of representatives from the freight and railroad industry regarding the initial draft of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act have arisen.
Chris Spear, president and CEO of American Trucking Associations, said at last year's Senate Surface Transportation, Maritime, Freight and Ports Subcommittee hearing that the initial version "neglected to recognize the significant impact that removing marijuana from the schedule of controlled substances would have on highway and workplace safety,"
"Trends and popular opinion do not always lead to good policy," Spear continued.
He added that the legalization of cannabis and policies that limit employer drug testing programs are challenging the trucking industry and exposing "critical issues related to workplace and highway safety."
In 2020, the U.S. Department of Health and Human Services proposed in the Federal Register expanding federal drug testing guidelines to include the use of hair follicle testing. To date, the proposed rule change has not been finalized.
Photo: Courtesy of Rhys Moult on Unsplash
