New Drug Testing Rule from USDOT Could Help Alleviate the Bus Operator Crisis

The bus operator shortage across the country is impacting transit agencies’ ability to run service and leaving riders stranded. Our report on the topic, Operators in Crisis, found that an impediment to hiring more operators is outdated drug testing. Agencies still use urine tests to test for marijuana, which can detect the drug as far back as 30 days. This presents a big problem in the 23 states where marijuana has been legalized in some form. Bus drivers who use marijuana recreationally and legally but go to work completely sober can face punitive actions, and would-be operators who use it are deterred from applying to work at transit agencies, contributing to the shortage.

In recognition of this dilemma, the USDOT changed drug testing rules on June 1st, 2023, allowing transit agencies and others involved with transportation to use oral fluid drug testing instead of, or alongside, urine testing. Oral fluid testing (sometimes called a spit or saliva test) only detects use as far back as 5 to 48 hours. This was a positive development, as it will give agencies the ability to hire more operators and preserve and expand transit service.