Public transit groups are urging the U.S. Department of Health and Human Services to develop a system for saliva testing for marijuana and other drugs. This method, say proponents, is less intrusive and more indicative of recent use so that people won’t be punished for smoking a cigarette a month before a test.
In early 2018, the Department of Transportation (DOT), adopted a new rule to allow oral fluid testing as an alternative to urine testing for truckers and commercial drivers. Pilots, and other federally regulated workers can also be tested. HHS is yet to certify the testing laboratories required to begin saliva screening, or approve an appropriate device to collect oral fluid in the field.
The American Public Transportation Association sent a letter late last month to HHS Secretary Xavier Becerra urging him to certify the testing laboratories. Other groups, such as the transit advisory board of Albuquerque in New Mexico, also supported this call.
APTA President and CEO Paul P. Skoutelas wrote: “Although DOT authorized oral fluid drug testing under its program, it can’t be implemented until HHS certifies two laboratories for oral fluid drug tests.”
HHS admitted in a Federal Register Notice earlier this month that “there are currently no laboratories certified to perform drug and specimen validity testing on oral fluid samples.”
APTA stated that the Food and Drug Administration (a division of HHS) will need to approve a minimum number of oral fluid collection devices in order “to make sure the oral fluid testing system’ is implemented according to the DOT rules”
The letter states that “under DOT’s final regulation, an oral fluid collection device cannot be used unless HHS approves a laboratory to use a specific device.”
Oral fluid drug tests are a less invasive option for regulated employees and employers, according to APTA. They also eliminate the need for a secure bathroom and offer a gender-neutral collection of specimens.
The letter states that saliva-based testing is a way for employers to identify recent drug use, which is important when testing after an accident or reasonable suspicion. It also notes that the process of collection is easy to observe, which may reduce the donor’s capacity to alter the sample, or thwart testing.
As DOT stated in its new rule adopted earlier this year: “Oral fluid drug testing can detect recent use of certain drugs, such as marijuana and cocaine. Urine drug testing has a wider window of detection.”
The Albuquerque City Transit Advisory Board recently highlighted a similar set of advantages, including the fact that the oral fluid collection process is gender-neutral for both the testers and employees being tested. Saliva testing can also identify recent cannabis use (5-72 hours before), which is important following an accident, compared to urine tests which only detect use within the past 30 days.
However, neither test indicates impairment definitively.
The Transit Advisory Board , at its last meeting, adopted a resolution asking New Mexico congressional representatives to ask HHS to certify two labs to test oral fluids. The board also called on Albuquerque, New Mexico to update its policies so that oral fluid testing is included and to comply with federal regulations requiring direct observational tests for transgender or non-binary workers.
The board sent a second letter to Becerra (the HHS secretary) asking him to speed up the certification process for laboratories “to address the shortage in bus drivers across the country, and to enable our agency retain and hire more mechanics and operators.”
The letter praises the new DOT rules and states that saliva tests “detect cannabis use within the last 72 or less hours.”
The board stated that “while this is not a sobriety check, it is closer and more fair than the Urine Test” which can detect marijuana use up to 30 days in advance.
Nearly half of states have legalized cannabis for adult use, and the majority allow medical marijuana. “We must ensure that drivers are not impaired when they are driving a bus or a train while accommodating this cultural and legal shift.”
The proposed update to the handbook is intended to inform medical examiners when they conduct physical exams on commercial drivers whose jobs involve interstate travel.
The handbook will direct examiners towards an earlier DOT notification stating that the department requires testing for marijuana, and not CBD. It will also provide information on cannabis-related policies and compliance rules.
In July 2022 , DOT’s Federal Transit Administration published a newsletter that included two sections on cannabis issues . One reminded employees they were prohibited from using marijuana. The other warned that CBD products are unregulated and may contain THC that can be detected in a drug-test.
Earl Blumenauer, a Democratic Representative from Oregon, wrote to Transportation Secretary Pete Buttigieg in a letter last year. He argued that the DOT’s cannabis testing policies are costing jobs to people unnecessarily and are contributing to supply-chain issues. He called for a review of the guidelines and administrative reform.
Wells Fargo’s top analyst stated last year that the federal criminalization of marijuana and its resulting drug-testing mandates persist even though more states legalize it.
In response to these points, data from the DOT released in January revealed that as part of federally required screenings, tens and thousands of commercial drivers had tested positive . A significant number of these truckers refused to return to their jobs, contributing to the labor shortage.
A safety-sensitive employee at Alaska Airlines was reinstated in his job last month by an arbitrator, after he claimed that he didn’t intend to consume marijuana and was unsure how it happened. Since then, the airline challenged that result.
Officials within HHS clarified in a separate advisory issued last month that the use of medical cannabis by a patient is not an excuse for a THC test being positive under the new federal guidelines.
New York Officials advise drug treatment providers to stop testing patients for marijuana in most cases
Photo by Mike Latimer.
The post Urge Feds to Certify Saliva Testing Labs to Reduce False Marijuana Positivity in Urine Screenings first appeared on Marijuana moment.
