Standing Order Instructions for Administering DOT-Regulated Drug Testing

With the recent approval of oral fluid drug testing, employers must now determine the appropriate circumstances for utilizing either urine or oral fluid tests for their DOT-regulated employees. This choice introduces new considerations and procedures for ensuring compliance and maintaining the integrity of drug testing programs.

Click the PDF below to read the Standing Order

Standing Order Instructions.pdf

Download PDF • 120KB

Key Decisions for Employers

Selection of Testing Method:

1. Urine vs. Oral Fluid Testing: Employers need to decide which method to use for various testing scenarios, including:

• Pre-Employment Testing: Screening potential hires before they start work.

• Random Testing: Conducting tests at random intervals to ensure ongoing compliance.

• Reasonable Suspicion/Cause Testing: Testing when there is a legitimate reason to believe an employee may be using drugs.

• Post-Accident Testing: Testing after an accident to determine if drug use may have been a factor.

• Return-to-Duty Testing: Testing employees who are returning to work after a period of absence due to drug-related issues.

• Follow-Up Testing: Ongoing testing to monitor employees who have previously tested positive for drug use.

2. Problematic Testing Situations: Employers must also address specific scenarios where standard testing may be challenging:

• Shy Bladder: When an employee is unable to provide a urine sample.

• Dry Mouth: When an employee is unable to provide an oral fluid sample.

• Directly Observed Collections: Necessary in situations requiring heightened scrutiny to prevent tampering or substitution of samples.

Special Considerations for Nonbinary and Transgender Employees:

• Direct Observed Collections: For nonbinary and/or transgender employees, directly observed collections must always use oral fluid testing to ensure comfort and privacy. This approach is mandated to accommodate their specific needs and avoid potential discomfort or discrimination during the testing process.

Implementing the Standing Order

Employers are advised to follow the NDASA model standing order, which provides comprehensive guidelines for administering DOT-regulated drug tests. Key elements of the standing order include:

1. Instructions for Collectors: Detailed steps for collectors on how to administer both urine and oral fluid tests, ensuring consistency and adherence to regulatory requirements.

2. Employee Notification: Clear communication protocols for informing employees about the testing method and their rights and responsibilities during the process.

3. Record-Keeping: Procedures for documenting test results, maintaining confidentiality, and ensuring that records are accessible for regulatory audits and reviews.

4. Training and Certification: Requirements for training collectors and ensuring they are certified to perform both urine and oral fluid collections.

5. Compliance with DOT Regulations: Ensuring all procedures align with DOT regulations to maintain the integrity and validity of the drug testing program.

Benefits and Challenges of Oral Fluid Testing

Benefits:

• Less Invasive: Oral fluid testing is generally less invasive than urine testing, which can improve employee cooperation and comfort.

• Quick Collection: The collection process for oral fluids is quicker and can be done under direct observation without privacy concerns, reducing the risk of sample tampering.

• Detection Window: Oral fluid testing can detect recent drug use more accurately, making it ideal for reasonable suspicion and post-accident testing.

Challenges:

• Dry Mouth Issues: Some employees may have difficulty providing an oral fluid sample due to dry mouth, necessitating alternative procedures or accommodations.

• Temperature Sensitivity: Oral fluid samples may be more sensitive to temperature changes, requiring careful handling and storage.

The introduction of oral fluid drug testing offers a new tool for DOT-regulated employers to ensure a drug-free workplace. By carefully selecting the appropriate testing method for various scenarios and adhering to the NDASA model standing order, employers can effectively manage their drug testing programs while addressing the needs of all employees, including those who are nonbinary or transgender. This comprehensive approach will help maintain safety, compliance, and fairness in the workplace.