Fentanyl Testing Approved for Federally Regulated Employees
The Department of Health and Human Services (HHS) has officially approved the addition of fentanyl to federally mandated drug testing panels, a significant move that will impact trucking and other safety-sensitive industries. The decision, announced in the Federal Register on January 16, 2024, allows for fentanyl testing in both urine and oral fluid samples starting in July 2024.
This regulatory shift comes as fentanyl has become a leading contributor to overdose deaths in the United States. The synthetic opioid, which is 50 times more potent than heroin and 100 times more potent than morphine, has increasingly been detected in counterfeit prescription drugs like Adderall, Xanax, and oxycodone, making it more accessible and dangerous to a wider population.
While this decision does not immediately implement testing in industries such as trucking, it paves the way for the Department of Transportation (DOT) and other federal agencies to adopt the new rule. If DOT acts swiftly, mandatory fentanyl testing for truck drivers and other federally regulated employees could begin as early as July 7, 2024.
The Growing Threat of Fentanyl in Trucking and Beyond
Fentanyl has become the third most frequently identified drug in U.S. testing, accounting for 13.81% of all drugs reported by forensic laboratories, according to the National Forensic Laboratory Information System.
For years, federal agencies debated whether to include fentanyl in drug testing protocols. Initially, its presence was largely linked to heroin and other opioids, but its increasing use as a standalone substance, particularly in counterfeit prescription pills, has raised alarms.
Trucking and other industries subject to federal drug testing regulations have pushed for greater awareness and regulation regarding fentanyl’s impact on workplace safety. The trucking industry, in particular, has actively worked to combat fentanyl abuse through:
- Supporting addiction recovery programs
- Endorsing legislative efforts such as the END FENTANYL Act
- Partnering with law enforcement agencies
- Using public awareness campaigns, including trailer wraps with fentanyl-related PSAs
The American Trucking Associations (ATA) has also been vocal in its support of the new testing policy. In comments on the proposed rule, ATA stated:
“We support the addition of fentanyl and/or norfentanyl to the authorized drug testing panels for federally regulated employers.”
ATA pointed to alarming increases in positive fentanyl tests among truck drivers, particularly among those subject to hair follicle testing by private employers. One drug testing provider reported 137 positive fentanyl results in 2023, with:
- 77 cases (56%) containing only fentanyl
- 60 cases (44%) showing fentanyl alongside other drugs
These figures suggest that fentanyl use may be more widespread in trucking than previously thought, and many cases would have gone undetected under the standard five-panel DOT drug test.
How Will Fentanyl Testing Be Implemented?
Before federal agencies like the Department of Transportation (DOT) can begin testing for fentanyl, they must formally adopt their own rules, though they are expected to follow HHS guidelines closely.
“DOT could begin testing on July 7, if they finish their own rulemaking by then,” said Brenna Lyles, director of safety policy for ATA.
Under HHS guidelines, certified laboratories and medical review officers will be required to update their testing protocols and procedures. These changes will involve:
- Updating drug panel screening processes
- Implementing testing for norfentanyl (a metabolite of fentanyl)
- Training medical review officers (MROs) to assess positive test results
- Ensuring employers and employees are aware of the new testing requirements
Like other opioid painkillers, fentanyl’s effects include relaxation, euphoria, drowsiness, and confusion, but it also poses extreme overdose risks, often leading to respiratory failure and death. The addition of fentanyl testing will likely improve safety measures across industries where alertness and cognitive function are critical, such as trucking, aviation, and rail transportation.
Challenges and Next Steps
Despite the urgency of addressing fentanyl use in safety-sensitive workplaces, some hurdles remain before testing begins:
- DOT must finalize its own version of the testing rule
- Testing facilities must adapt to new screening requirements
- Employers must update drug policies and inform employees
Additionally, HHS has also proposed removing testing for methylenedioxyamphetamine (MDA) and methylenedioxymethamphetamine (MDMA, or “Ecstasy”) due to low failure rates, though that decision has not yet been finalized.
With fentanyl use continuing to rise and its presence in the illicit drug market becoming more common, these new testing measures aim to enhance safety in critical industries while addressing one of the nation’s most pressing public health crises.
Source:
Leave a Comment