Drug testing rule update
The Federal Motor Carrier Safety Administration (FMCSA) recently announced new rules related to drug and alcohol testing for commercial driver's license (CDL) holders. These changes have implications for employers, including new requirements for choosing the collection methodology for drug and alcohol tests and ensuring that business relationships with oral fluid collectors and labs are in place.
Under the new rules, employers are responsible for choosing the collection methodology for drug and alcohol tests, not the employee. For example, random tests will start with urine, while follow-ups will use oral fluid. If an employee experiences a shy bladder or dry mouth during a test, the employer must choose the collection method for the subsequent collection that requires direct observation.
To comply with these rules, employers must establish business relationships with oral fluid collectors and labs, either directly or through service agents. It's also important to have a standing order in place with each collection site, so they know what type of test the employer wants and when. This can help avoid confusion and ensure that the correct type of test is administered in each situation.
Designated employer representatives must also be available to collectors 24/7, as it is their duty to determine whether a refusal has occurred at the collection site. This means that employers must ensure that their phone numbers are correct on the CCF so that the collector can reach them if there are any problems with the collection process. Employers should also be available to discuss standing orders and switch to alternative collection methods if necessary.
It's worth noting that if an employee fails to appear for a pre-employment drug test or leaves the collection site before receiving a cup or unwrapping the device for an oral fluid collection, it is not considered a refusal. It is the employer's responsibility to determine whether a refusal has occurred, and this cannot be delegated to collectors.
In conclusion, the new FMCSA rules related to drug and alcohol testing for CDL holders are complex and require careful attention to detail from employers. By establishing business relationships with oral fluid collectors and labs, having standing orders in place, and being available to discuss any problems with the collection process, employers can comply with these rules and ensure the safety of their employees and the public.
