ATA Regulatory Update: DOT Drug Testing and Driver Qualification Updates

Drug and alcohol testing remains a critical part of determining whether a commercial driver should perform safety-sensitive work.

During DISA Global Solutions’ webinar, “ATA Regulatory Update: Driver Qualifications & Drug Testing Modernization,” Brenna Lyles, Vice President of Safety Policy at American Trucking Associations, discussed national testing trends, marijuana policy, alternative testing methods, and emerging compliance concerns involving the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse.

DOT Drug Testing Trends in Transportation

Approximately 6 million drug tests are conducted annually across all transportation modes regulated by the U.S. Department of Transportation. The trucking industry represents the largest share, accounting for roughly 75% of DOT testing activity.

Since the FMCSA Clearinghouse launched in 2020, it has recorded approximately 320,000 drug violations (with increasing numbers of refusals and suspected tampering efforts). Marijuana accounts for about 60% of positive tests, significantly exceeding cocaine, amphetamines and other substances.

One reason for marijuana’s prevalence is continued confusion about state and federal laws: Drivers may legally use marijuana under state law but remain prohibited from doing so under federal DOT regulations.

Marijuana Rescheduling and DOT Drug Testing Uncertainty

Lyles also discussed federal efforts to move marijuana from Schedule I to Schedule III under the Controlled Substances Act.

The transportation industry is concerned that rescheduling could affect the authority of federal agencies to maintain laboratory standards and require marijuana testing. Plus, without a consistent federal framework, multistate employers could face uncertainty about when they are permitted or required to test.

Additionally, unlike with alcohol, there is no widely accepted marijuana threshold that establishes whether someone is impaired at a specific moment; testing therefore remains an important safety measure for identifying prohibited use among transportation workers.

Oral Fluid and Hair Testing Modernization  

The webinar also addressed efforts to modernize the testing methods available to employers.

• Urine testing remains the most established method in the DOT program, but numerous products and techniques exist to help individuals substitute or adulterate specimens. Alternative methods could make testing programs more effective.
• Oral fluid testing offers a shorter detection window and can help identify recent use. It may be particularly useful in post-accident situations, when employers need information about whether drug use occurred near the time of an incident.
• Hair testing provides a much longer detection window and may identify repeated or chronic drug use that other methods miss. However, it also presents practical challenges, including situations in which an individual does not have enough hair for collection or split-specimen testing.

Lyles emphasized that no single testing method is appropriate for every situation: Access to multiple methodologies would help cover different detection windows and compliance needs.

Clearinghouse and Return-to-Duty Risks

A significant number of drivers with Clearinghouse violations remain prohibited from operating commercial motor vehicles because they have not completed the return-to-duty process. Lyles said approximately 202,000 drivers had not started or finished the process, compared with roughly 125,000 who had progressed through it.

This deficit raises concerns that prohibited drivers may move into commercial driving positions that do not require a CDL and are not subject to the same testing requirements.

Fraudulent substance abuse professionals, or SAPs, are another growing concern. These operators may promise drivers a quick return to work, request personal information, or charge fees without providing a compliant evaluation.

Employers should verify their SAPs' credentials, educate drivers about potential scams, and consistently use the Clearinghouse when hiring and managing CDL drivers.

As marijuana laws, testing technology and fraud risks evolve, employers will need to monitor regulatory developments closely.

Simplify Your DOT Compliance Program

Keep your drivers qualified, your testing program compliant, and your organization prepared for changing regulations. Explore DISA’s DOT drug testing services and transportation compliance solutions to see how we can support your workforce and fleet.