How DOT Employers Can Stay in Compliance: The Role of Standing Orders

For employers managing safety-sensitive DOT drug and alcohol testing, compliance is paramount. Having clear and structured policies ensures accuracy, fairness, and alignment with federal regulations. One effective approach for maintaining compliance is implementing a standing order for collectors—a set of predefined instructions that detail how drug and alcohol testing should be handled across various scenarios. This blog explores the importance of standing orders, what they should include, and recent updates related to oral fluid testing.

What Is a Standing Order?

A standing order is a set of written instructions that employers provide to collectors and collection sites. These instructions outline the employer’s preferences for how testing should be conducted in specific situations, ensuring there’s no confusion or inconsistency.

Why standing orders matter:

1. They ensure collectors follow the employer’s policy correctly
2. They help avoid errors, especially in situations like shy bladder cases or observed collections
3. They make compliance easier for both the employer and the collector

What Should a Standing Order Include?

Employers should create standing orders that cover all types of DOT drug and alcohol testing. According to the National Drug and Alcohol Screening Association (NDASA), an effective standing order should address the following scenarios:

1. Pre-Employment Testing – Specify whether urine or oral fluid testing should be used
2. Random Testing – State the preferred method for detecting patterns of drug use
3. Reasonable Suspicion/Reasonable Cause Testing – Indicate whether oral fluid testing is acceptable for faster detection
4. Post-Accident Testing – Determine if oral fluid testing can be conducted on-site
5. Return-to-Duty and Follow-Up Testing – State whether oral fluid testing is acceptable for observed collections
6. Problem Scenarios – Include guidance for shy bladder or dry mouth cases, such as switching methods as needed

Key update: Policies must now include a requirement that observed testing for transgender and non-binary employees is conducted using oral fluid testing.

Why Oral Fluid Testing Is Gaining Traction

With the introduction of oral fluid testing, employers now have more flexibility. It’s less invasive than urine testing and detects recent drug use more quickly.

Benefits of oral fluid testing:

1. Observation via saliva swab eliminates privacy concerns with urine samples
2. Shorter detection windows make it useful for post-accident and reasonable suspicion testing
3. Can be performed on-site by trained supervisors, reducing delays

Challenges:

1. Policies must clarify what to do if a saliva sample can’t be collected
2. Higher positivity rates for substances like THC may affect how random and follow-up testing is managed

Adapting to Changes in Regulations

To stay compliant with evolving rules, employers should:

1. Explicitly include oral fluid testing in their policies, especially for observed collections involving transgender and non-binary employees
2. Address problem scenarios like shy bladder or dry mouth with clear instructions
3. Train staff to perform oral fluid collections properly
4. Build flexibility into policies, using oral fluid testing where it makes sense while retaining urine testing for other cases

Final Thoughts: Standing Orders as a Compliance Tool

Standing orders provide clarity and consistency in drug and alcohol testing programs, helping employers avoid compliance issues and costly mistakes. They simplify testing for collection personnel and help ensure fair treatment for employees in complex situations. By staying proactive, updating policies, and training staff, employers can build a strong and compliant testing program that promotes safety, accuracy, and fairness for all.