Image: American Maritime Safety
On May 2, 2023, the Department of Transportation revealed a final rule in the Federal Register permitting oral fluid testing for use for DOT drug exams, rather than urine-based testing, on the employer’s choice.
American Maritime Safety (AMS), the non-profit commerce affiliation that greater than 400 maritime firms use to facilitate their compliance with DOT and USCG drug and alcohol testing laws, says that, though the rule is scheduled to enter impact on June 1, 2023, there are substantial regulatory roadblocks stopping its quick implementation.
“In view of these roadblocks, and the fact that the final rule merely presents a specimen collection option, no action is required from you at this time,” AMS tells members in its newest publication
“Before oral fluid testing can be implemented, Health and Human Services (HHS) has to certify at least two laboratories: one as a primary specimen lab and one as a secondary. At this point, no laboratories have been certified.” says AMS. “When at the least two laboratories are licensed, we are able to anticipate notification from ODAPC and/or the HHS National Laboratory Certification Program. HHS will certify laboratories to make the most of particular units that can be utilized for oral fluid testing, so till the laboratories are licensed we won’t know what units can be utilized for the method.
“In addition, maritime employers wishing to implement oral fluids testing for SMI (critical marine incident) and cheap trigger exams will likely be required to have their supervisory workers educated and authorized within the relevant assortment procedures. The oral fluids specimen collector coaching and certification course of parallels the method at present in impact for urine specimen assortment. AMS will present oral fluid specimen assortment coaching/certification for these employers who require that service.
“Employers will also be authorized to use both collection processes in the event that a problem arises with an initial collection. For example, in the event of an initial temperature out-of-range for a urine specimen, or insufficient quantity for either an oral fluid or a urine specimen, the employer may choose to change to the alternate collection process to finish the testing event. Again, the choice of whether to conduct an oral fluid or a urine test is up to the employer. Employees will not have the option to choose what testing methodology will be used.”
AWO SEEKS RAPID IMPLEMENTATION
Meantime, in its most up-to-date publication, the American Waterways Operators (AWO) notes that the brand new oral fluid testing rule drug testing rule applies for the airline, rail, trucking, and transit industries which are below direct DOT regulation by the FAA, FRA, FMCSA, and FTA.
AWO says it’s “working to understand the Coast Guard’s implementation process and timeline and will continue to advocate for rapid implementation to align maritime employers with other transportation modes.”
