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Federal Transportation Agency Finalizes New Marijuana Testing Policies To Reduce False Positives

The U.S. Department of Transportation (DOT) has finalized a rule to amend its drug testing policy in a way that could have significant implications for truckers, commercial drivers, pilots and other federally regulated transit workers who use marijuana off the job.

In a notice published in the Federal Register on Tuesday, the department said that it has completed the rulemaking process for the policy change, which would allow oral saliva drug testing as an alternative to urine-based tests.

Advocates and experts view as urine tests as problematic in part because THC metabolites can show up for weeks or months after consumption—resulting in false positive results for people who are not actually impaired on the job.

The practice of forcing workers to urinate in a collection jar is also viewed as a particularly invasive procedure. Accordingly, DOT proposed last year that testing of oral saliva be added as an alternate option.

Following a public comment period, the department finalized the oral saliva testing rule, which will take effect on June 1.

“Allowing employers to use oral fluid testing may improve the effectiveness of drug testing,” DOT said. “Oral fluid testing can detect the recent use of some drugs, including marijuana and

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