The DOT issued a summary of changes earlier this month on a Part 40 final rule that will be effective as of December 5, 2204 regarding oral fluid testing and certification. The rule firstly clarifies that if you are a DOT certified collector for urine specimens this does NOT cover you for DOT oral fluid collections. These collection certifications are two separate things, and to collect both specimens you must have BOTH certifications, your DOT urine collector certification AND your DOT oral fluid collector certification. 

The rule then goes over the temporary qualification requirements that are able to be used in this first year of oral fluid collector certifications. Keeping in mind that there are no “qualified oral fluid collector(s) who have specific experience in oral fluid collections or training” as required per § 40.35(c) as this type of testing was just approved and has yet to be implemented, the amendment to this part states:

• To best facilitate the timely training of oral fluid collectors, the final rule permits an individual who is not a qualified oral fluid collector to serve as the monitor for oral fluid mock collections ONLY if:
  • The individual successfully completes an oral fluid “train the trainer” course (§ 40.35(c)(2)(iii)); OR
  • The individual conducts oral fluid collector training (§ 40.35(c)(2)(ii)).
    • DOT is waiving the requirement that an individual have at least 1 year experience conducting oral fluid collector training.
    • The individual conducting the oral fluid collector training should (1) have a thorough understanding of Part 40, (2) be well versed in the course content they are teaching, and (3) maintain records to demonstrate that the training was conducted.  The course content must meet the requirements specified in § 40.35(b).

This temporary modification to the rule will sunset one year after the HHS has published their notice on the Federal Register that the first oral fluid drug testing laboratory has been certified. After this one year has passed all individuals who are doing mock test observations will be required to comply with the requirements as set out in § 40.35(c)(2). The rule also advises that collectors MAY use an oral fluid collection device to complete their mock tests prior to their being HHS certified devices. However, they do make it clear that this means the possibility of completing the mock on a device that may not be the one finally approved for use for DOT testing, which would mean that once there are approved devices another mock would be required using that device. As is stated in § 40.35 (c)Following your completion of qualification training under paragraph (b) of this section, you must demonstrate proficiency in collections under this part by completing five consecutive error-free mock collections for each device you will use.  

The update also identified who is able to be present during an oral fluid collection, only the collector, the employee or a DOT agency representative are allowed to be present to witness the actual testing procedure. The rule also stipulates that the collector must check appropriate volume was reached with their collection device and document sufficient volume by checking the “Volume Indicator(s) Observed” box in Step 2 of the Federal CCF.

Have you signed up yet and completed your DOT Oral Fluid collector training? If you haven’t started it yet, there is no time like the present, don’t wait till the last minute to get it done. Luck favours the prepared!