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July 2023 Significant Rulemaking Report
Mariah Barr
4 mins read

The FMCSA is proposing new rulemakings on DOT drug testing. Read on for the latest updates you need to know for July 2023.

The Federal Motor Carrier Safety Administration (FMCSA) Spring 2023 Regulatory Agenda has been released. Many of the agency's proposed rulemakings touched on federal drug testing. The most prominent announcements included:

  • Oral fluid drug testing final ruling
  • Appeal process for employer-determined DOT drug test refusals
  • Proposed administrative revisions to FMCSA Clearinghouse
  • Advanced notice of proposed New Entrant safety proficiency process

We dive into the details of these proposed rulemakings and notices below.

Oral Fluid Drug Test Final Ruling

Perhaps the most impactful final ruling to pass through the federal registrar in a few years, on May 2, the DOT announced it would add oral fluid to its drug testing procedures, effective June 1, 2023.

We are still waiting for the US Department of Health and Human Services (HHS) to certify at least two laboratories to conduct oral fluid drug testing before the ruling becomes official.

Foley will continue to update you on the latest oral fluid drug testing details so you can take advantage of this easy, time-saving testing method as soon as possible.

Appeal Process for Employer-Determined DOT Drug Test Refusals

On another topic of DOT drug and alcohol testing compliance, the FMCSA is also considering providing DOT-regulated employees with an official federal administrative process to dispute their employers' claims that they refused to take a DOT-regulated drug or alcohol test.

Currently, the DOT views a refusal to test as being equal to a positive test result, meaning anyone who refuses to test must be removed from safety-sensitive job functions immediately.

This proposed rulemaking would aid employees who may have been falsely accused of refusing to comply with DOT drug test requests.

Proposed Revisions to the FMCSA Clearinghouse

Now that the FMCSA Clearinghouse has been in effect for over three years, there has been plenty of time for the companies that must register within it and the FMCSA to learn what processes work well and which ones may need improvements.

The agency is now proposing changes to error-correction procedures, Clearinghouse queries, and consent requirements for said queries based on administration experience in the drug and alcohol Clearinghouse.

Advanced Notice of New Entrant Safety Assurance Process

The FMCSA has brought back a proposed rulemaking that was originally published back in 2009.

In an effort to ensure new trucking companies have sufficient knowledge and awareness of federal safety regulations and improve roadway safety, the agency is considering implementing a proficiency exam for New Entrant carriers that have recently applied for their operating authority. These carriers may need to pass the examination before being granted their official New Entrant authority.

This rulemaking responds to issues raised in a petition from Advocates for Highway and Auto Safety regarding New Entrant Applicants' understanding of the risks associated with full operations.

Meeting Federal Rulemakings is Easier with Foley

Whether you're a New Entrant or a large, established company, Foley's DOT compliance software can help you meet the specific compliance requirements for which your business is held responsible.

In addition to our software, Foley's team of compliance experts is here to help you understand and follow complex regulations. Have questions or concerns about specific DOT regulations or any of the proposed rulemakings covered above? Leave your comments below and we'll provide solutions!

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