HHS Proposed Rule Change for Federal Workplace Drug Testing Programs

On April 7, 2022, The U.S. Department of Health and Human Services (HHS) proposed a rule change concerning Mandatory Guidelines for Federal Workplace Testing Programs using urine.

HHS specifically proposed revisions to the:

Since 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 proposed changes being considered by HHS. It should be noted any final rule issued by HHS regarding these proposals may impact the DOT testing program under 49 CFR Part 40, but only after DOT conducts its own rulemaking.

Key takeaways are as follows:

  • Establish a process whereby the department annually publishes the authorized drug testing panel (i.e. drugs, analytes, and cutoffs) to be used for Federal workplace drug testing.
  • Revise the definition of a "substituted" specimen to include specimens with a Bio Marker concentration is inconsistent with that established for human specimens.
  • Update and clarify the oral fluid collection procedures and Revise the Medical Review Officer (MRO) verification process for positive Codeine and Morphine specimens.
  • Require MROs to submit semi-annual reports to the Secretary or Designated HHS representative on Federal agency specimens that were reported as positive for a drug or drug metabolite by a laboratory and verified as negative by the MRO.

DOT is highlighting this notice so that employers, employees and testing service agents may take time to review proposed changes and make and make comment or express any concerns known to HHS on or before June 6, 2022.

If you have any questions, please contact your sales executive, account manager, or our customer service team.

Posted: April 27, 2022

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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