An Albuquerque transit advisory panel recently passed a resolution to push the nation’s top health agency to certify oral drug-testing labs in New Mexico for transit employee screening. Advocates say that saliva tests are less invasive than urine tests and are better at determining whether a person has recently used cannabis. They also say it will help cure the city of its bus driver shortage.
Last month, the Transit Advisory Board approved a resolution that asked New Mexico’s congressional delegation to urge the Department of Health and Human Services’ (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) to certify at least two state labs to conduct saliva testing for ABQ RIDE employees.
In October, local news outlets reported that ABQ RIDE was suffering a staffing shortage and told bus riders to prepare for longer waits. Since then, the city has held three job fairs in a rush to fill positions.
“The transit employee shortage is the missing piece to improving our bus system in Albuquerque,” Transit Advisory Board member Althea Atherton tells The Paper. Atherton says the city has had to cut back on frequency of service and some route coverage due to a shortage of drivers, mechanics and the vehicle servicers.
“This in turn, leads to a less equitable and accessible public transit system that works for everyone,” they say.
Atherton submitted the advisory board’s resolution. They say the legalization and destigmatization of adult-use cannabis in New Mexico has played a part.
“As one of the many states in the U.S. who have legalized cannabis for adult use, we want to make sure we are updating our drug-testing systems to meet the modern workforce,” they say.
Last year, a Wells Fargo analyst said nationwide trucker shortages and supply chain issues could be blamed on federal drug testing mandates. During a company conference call, head of equity strategy Chris Harvey said the government was excluding a “significant portion” of the trucker industry in states that have legalized weed.
City transit employees are currently tested for drugs with a urine exam. Advocates say that type of screening is unreliable for detecting current intoxication levels in a person. Delta-9 THC stays in the fat cells and is detectable by urine analysis for up to 30 days, according to experts. That means someone could be tested and deemed “under the influence” a whole month after they got high.
In comparison, saliva tests detect weed use for up to 72 hours. Since more potential employees are beginning to legally consume cannabis, the pool of those who can pass a urine test is shrinking. The shorter window associated with saliva tests will open the doors for legal cannabis users who are applying for a job.
Saliva tests also help when determining who is at fault following a collision. Although it will still be difficult to determine whether someone was under the influence of marijuana while they were driving, oral tests will at least exonerate anyone who has abstained for 72 hours.
Advocates also point out that urine tests can make trans and non-binary people uncomfortable, since it requires invasive surveillance. Oral tests are gender-neutral and don’t require a secured restroom.
“As a non-binary person who cares about public transportation, any steps we can take to help the City of Albuquerque become a more friendly employer to LGBTQ+ staff and applicants is worth investing energy into,” says Atherton.
Oral tests are also much harder to tamper with, since an observer can watch the entire process
Federal regulators have already changed the rules to allow oral testing for transit employees. The advisory board is also calling on the City of Albuquerque to update its testing policies to match the new regulations, but Albuquerque needs labs that have been certified for oral testing by HHS before the city can switch over.
Earlier this year, the U.S. Department of Transportation’s (DOT) Federal Transit Administration (FTA) adopted a new rule that allows oral drug testing of federally regulated safety-sensitive transit employees in the place of the more traditional urine testing. The rule applies to commercial drivers, pilots, train operators and a number of jobs involved in transporting goods and people in vehicles.
The rule change was hailed as a progressive milestone by advocates, but it hasn’t actually translated to the real world yet.
The new rules require at least two SAMHSA-certified laboratories in an area before saliva-testing can be used: One lab to conduct the initial screening and confirmation testing and another to conduct reconfirmation of a secondary specimen in case the subject receives a non-negative result and wants a retest.
The new regulations also require the use of an HHS-approved sample collection device that has been approved by the HHS’ Food and Drug Administration (FDA), which hasn’t happened yet.
In October, the American Public Transportation Association wrote a letter to HHS Secretary Xavier Becerra calling for the agency to approve a device and start certifying labs.
In a November letter to Becerra, the Transit Advisory Board asks the secretary to expedite the certification of two Albuquerque labs to address the city’s staffing shortage.
“A strong, reliable public transportation system requires the cooperation of many,” wrote the board. “We need action to alleviate one of the impediments to hiring and retaining employees.”
Atherton says the city is stuck until HHS makes a move.
“When it comes to bus drivers, we have to follow FTA regulations,” they say. “If the FTA regulations are allowing more reasonable testing procedures—both in terms of recent usage and comfort of testing subjects—we should do everything we can as a city to pivot to those reasonable testing procedures to recruit and retain the staff we need to keep our city moving.”