The Department of Health and Human Services Proposes Revised Drug Testing Procedures for the Federal Drug Free Workplace Programs

On April 7, 2022, the Department of Health and Human Services (HHS) published two important notices in the Federal Register.

Specifically, HHS has proposed revisions to the:

• Mandatory Guidelines for Federal Workplace Drug Testing Programs using oral fluid
• https://www.govinfo.gov/content/pkg/FR-2022-04-07/pdf/2022-06884.pdf
• Mandatory Guidelines for Federal Workplace Drug Testing Programs using urine
• https://www.govinfo.gov/content/pkg/FR-2022-04-07/pdf/2022-06886.pdf

Because the Department of Transportation (DOT) must follow the HHS scientific guidelines for DOT-regulated drug testing laboratory procedures, participants in the DOT transportation industry drug testing program should be aware of the important issues that HHS is considering.  Any final rule issued by HHS regarding these proposals may affect the DOT testing program under 49 CFR Part 40, but only after DOT conducts its own rulemaking.

DOT is providing this notice so that employers, employees, and testing service providers involved in the DOT drug testing program are aware of the HHS proposals.  We recommend that DOT program participants review the HHS proposals and, if they have views or concerns to express, provide comment to HHS.

We urge interested persons to read the HHS proposals carefully, and to provide any comments directly to the HHS Docket at https://www.regulations.gov/docket/SAMHSA-2022-0001/document