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

Today in the Federal Register, the Department of Health and Human Services (HHS) published two important notices.  Specifically, the HHS:

• proposes to establish scientific and technical guidelines for the inclusion of oral fluid specimens in the Mandatory Guidelines for Federal Workplace Drug Testing Programs, and

• proposes to revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs for urine testing.

Attached is the HHS email alert regarding these two important notices.

Because the Department of Transportation (DOT) must follow the scientific guidelines of the HHS 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 the HHS regarding these proposals will be taken into consideration and may affect the DOT testing program under 49 CFR Part 40, but only after the DOT conducts its own rulemaking.

We believe that employers, employees, and testing service providers involved in the DOT testing program should be aware of the HHS Federal Register documents.  We recommend that DOT program participants review the HHS proposals and, if they have views or concerns to express, provide comment to the HHS.  

We urge interested persons to read the HHS documents carefully and to provide any comments directly to the HHS Docket.  The HHS documents can be viewed at:

• Proposed Mandatory Guidelines for Oral Fluid Testing in the Federal Workplace Drug Testing Programs (http://www.gpo.gov/fdsys/pkg/FR-2015-05-15/pdf/2015-11523.pdf)

• Proposed Revised Mandatory Guidelines for Urine Testing in the Federal Workplace Drug Testing Programs (http://www.gpo.gov/fdsys/pkg/FR-2015-05-15/pdf/2015-11524.pdf)