Washington — Six House Republicans want the Department of Health and Human Services to remove “regulatory barriers” they believe have slowed the implementation of oral fluid drug testing for truck drivers and workers in other safety-sensitive transportation positions.
A June 2023 Department of Transportation final rule permits oral fluid drug testing as an alternative to urine testing. However, employers can’t implement oral fluid testing until HHS has certified at least two laboratories to conduct it. A notice published by HHS on April 2 indicates that no labs have been certified.
In a letter sent to HHS Secretary Robert F. Kennedy Jr. on April 16, the group, led by Reps. Andy Harris (R-MD) and Ben Cline (R-VA), wrote that “regulated employers therefore cannot utilize this reliable, flexible and directly observed testing method, which allows detection of recent drug use and a more effective response to today’s rapidly evolving drug threats.”
The lawmakers contend that “structural misalignment” at the Food and Drug Administration has prompted delays “that now threaten the relevance and effectiveness” of the federal drug testing program. They call on HHS to take immediate action to:
- Amend language in FDA’s clearance requirement.
- Recognize the Substance Abuse and Mental Health Services Administration and National Laboratory Certification Program as the governing oversight framework for federally regulated workplace drug testing programs, “consistent with how these programs already operate in practice.”
- Direct SAMHSA’s Division of Workplace Programs to serve as the authoritative body for future updates related to drugs, cutoffs, testing technologies and specimen types.
Additionally, the lawmakers urge HHS to finalize hair-testing guidelines as initially directed by Congress under the Fixing America’s Surface Transportation Act of 2015. Congress renewed the directive under the Consolidated Appropriations Act of 2026 (H.R. 7148).
“While the above steps would pave the way for hair testing to be implemented by regulated employers as a drug testing tool, this can only happen if HHS promptly finalizes its long-overdue rule,” the letter states.
The lawmakers claim that removing regulatory barriers to testing alternatives would help employers “address the ongoing and alarming rise in urine testing subversion.” They cited a Quest Diagnostics data analysis showing that cases of substituted and invalid drug specimens among federally regulated, safety-sensitive workers climbed more than 370% and 36%, respectively, from 2022 to 2023.
The lawmakers request a response to the letter within 30 days.
