Drug tests can, in a moment, make or break your career… and FMCSA drug testing rules are changing.
The FMCSA has been changing how drug tests are administered. To keep your fleet on the road, it’s critical to know how the rules are changing, from spit tests to CDLs being downgraded.
Here’s everything you need to know about the recent FMCSA drug test updates.
Oral Fluid Test Standstill
In June 2023, the DOT officially approved oral fluid testing for drug tests. In other words, you can now spit into a cup and save yourself a trip to the bathroom.
The only problem is that you can’t take a spit test yet because of an oversight. Well, you can, but the sample isn’t going anywhere.
The Department of Health and Human Services hasn’t certified any labs to receive the saliva tests. A few labs have applied for this certification, but it may be several months before approval.
In other words, the DOT jumped the gun and placed several organizations in an awkward limbo, which had allocated resources for spit testing. They even withdrew a rule initiating the first steps for oral samples.
The result: No one knows precisely when, or if, spit testing will be possible.
All the back and forth about oral fluid testing has even distracted some from the larger drug test issue: CDL downgrades.
CDL Downgrade for Drug Test Fails
On November 18, 2024, 163,000 drivers woke up to discover that they could not legally operate a truck anymore due to a failed drug test.
The rule is simple, but far-reaching: If a carrier fails a drug test and does not complete their return-to-duty process, their CDL will be downgraded. If an officer scans your CDL, it will register as invalid for commercial vehicle operation.
This stringency becomes even more alarming when you consider that the FMCSA will continue to drug test 50% of all drivers every year.
If a driver has their CDL downgraded, it’s tough to have it restored. You would need to take these steps:
- Find a DOT-qualified Substance Abuse Professional (SAP).
- Complete a program that SAP recommends. These often take weeks or months.
- Pass a return-to-duty test.
- Complete six spontaneous drug tests over 12 months.
This is an expensive and time-consuming process that the trucker must fund.
Takeaway
FMCSA drug testing isn’t getting easier. If anything, testing will continue to tighten.
Don’t take your chances. As unpredictable as the rules may seem, do your best to stay clean, stay compliant, and stay safe.
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