The Department of Health and Human Services (HHS) recently published two important notices in the Federal Register.   These notices include:

• Mandatory Guidelines for Federal Workplace Drug Testing Programs using oral fluid , which can be found here: 2022-06884.pdf (govinfo.gov)
• Mandatory Guidelines for Federal Workplace Drug Testing Programs using urine, which can be found here:  2022-06886.pdf (govinfo.gov)

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 proposals HHS is considering.  Any final rules 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.