The U.S Department of Transportation (DOT) withdrew a final rule set to go into effect on Monday that would have allowed mock oral fluid collection for drug tests of commercial driver’s license holders.
The withdrawal of the final rule was published Thursday in the Federal Register citing “adverse comments.” DOT said it will not institute a second comment period on this action.
The DOT published its intent to publish the final rule on June 21 as long as no adverse comments were received.
On its website, the Federal Motor Carrier Safety Administration stated the original purpose of the amendments published in June was to clarify certain provisions of the rule and address omissions of which it had become aware since the publication of the final rule.
FMCSA sought to revise its drug testing procedures rule in order to provide temporary qualifications requirements for mock oral fluid monitors, provide consistent privacy requirements by identifying which individuals may be present during an oral fluid collection.
But urine specimens remained the common collection method as of late June at Sinnett Consulting Services in Reno, Nevada.
“They still don’t have two certified laboratories to test the oral fluid specimens,” said President Tonica Lathrop. “So, at this time, we are still using urine as the DOT testing specimen until the second lab is certified.”
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