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FMCSA Issues Final Rule on Oral Fluid Testing

May 02, 2023 9:17 AM | Tammy Mortier (Administrator)

The Federal Motor Carrier Safety Administration (FMCSA) released a Final Rule today amending the U.S. Department of Transportation’s regulated industry drug testing program to include oral fluid testing. This additional methodology for drug testing will give employers a choice and provide a less intrusive means of achieving the safety goals of the program. In order for an employer to implement oral fluid testing under the Department’s regulation, the U.S. Department of Health and Human Services will need to certify at least two laboratories for oral fluid testing, which has not yet been done. The final rule includes other provisions to update the Department’s regulation and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services. This Final Rule is effective on June 1, 2023.

Here's a link to the rule: 2023-08041.pdf (

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