Oral Fluid Testing Approved by DOT: What HR Needs to Know
The U.S. Department of Transportation’s ruling broadens the transporation industry drug testing program
The U.S. Department of Transportation (DOT) finalized a rule in 2023 that expands its regulated drug and alcohol testing program to include oral fluid drug testing. This provides employers in the trucking industry and other transportation sectors an alternative to urine-based tests, offering a less intrusive and more secure method of drug screening. The rule impacts regulated transportation industries' drug testing programs, including those in aviation, trucking, railroads, and transit agencies.
For HR professionals and those responsible for employee background screening, this is important. The approval of oral fluid testing adds another layer to maintaining DOT compliance while continuing to prioritize workplace safety through effective drug and alcohol testing for drivers.
Oral Fluid for Federal Testing
Despite being approved as a federal specimen by both HHS and DOT, as of the writing of this article, no laboratory has been approved by the National Laboratory Certification Program (NLCP) to perform oral fluid testing for federally regulated drug tests. DOT-regulated employers may not begin oral fluid testing until there are at least two laboratories certified by HHS to ensure the availability of split specimen testing, as required under federal rules.
The timeline for laboratory certification remains uncertain. However, the DOT approved an oral fluid collection device for split specimen testing in November 2023, which was a necessary step toward implementation.
Why Oral Fluid Testing Matters for Background Checks and Compliance
Oral fluid testing offers several advantages that may help reduce specimen tampering. Unlike urine testing, oral fluid collections are typically observed, making it more difficult for donors to cheat. While oral fluid testing detects drug use over a shorter time frame, the observed nature of the test often results in higher positivity rates, particularly in pre-employment and random drug testing scenarios.
Incorporating oral fluid drug testing into your company’s pre-employment background checks and ongoing employee drug testing protocols can help enhance compliance, especially for safety-sensitive roles. Under the DOT’s final rule, employers have the flexibility to decide when to use oral fluid as the specimen type, whether for pre-employment, random, or reasonable suspicion testing, but their policies must apply that choice consistently across the workforce.
A Key Compliance Consideration: Gender Identity and Observed Collections
One important compliance consideration involves collections for transgender and non-binary employees. Under DOT regulations, if a directly observed urine collection is required and a same-gender observer cannot be provided in accordance with the donor’s gender identity, the employer must offer an oral fluid test instead. This requirement affirms the employee’s right to privacy and dignity while ensuring compliance with federal rules. However, this provision will not take effect until at least two laboratories are certified to process oral fluid specimens for DOT testing.
Benefits for Employers and Employees in the Regulated Transportation Industry
This change is particularly beneficial for all transportation industries, where ensuring employee safety is not only important but federally regulated. Employees who have difficulty providing urine samples (or find the process uncomfortable) may find oral fluid testing to be a more respectful, efficient alternative. It can also speed up the hiring and screening process, improving the candidate experience while maintaining compliance with DOT testing requirements.
Stay Informed and Stay Compliant
The DOT’s adoption of oral fluid drug testing represents a shift in how companies approach background checks for employers and transportation industry compliance. As oral fluid testing becomes more widely available, it's essential for HR professionals and risk managers to stay informed and adapt their background screening policies accordingly.
Want to learn more about the advantages of oral fluid testing? Read more on the HireRight blog.
Release Date: August 28, 2025
Dr. Todd Simo
Dr. Todd Simo currently serves as the Chief Medical Officer and Managing Director of Transportation at HireRight. He came to HireRight with a decade of experience in the medical consulting arena. Prior to HireRight, he was the Medical Director of an occupational health clinic in Virginia and owned a consulting firm providing medical director service to multiple companies located throughout the country. In that capacity, he established multiple customer specific health and drug screening services. In his current position, he oversees HireRight's medical department.