Transport Workers: Pee Under Watch if Saliva Tests Fail, Feds Say
Published Date: 5/11/2026
Rule
Summary
Starting June 10, 2026, transportation workers who need drug tests will sometimes give urine samples under direct watch if spit tests aren’t available yet. This update also changes some words to match new government rules about gender. If you work in safety-sensitive transportation jobs, get ready for these changes—no big cost changes, just clearer and fairer testing rules.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Interim: Directly Observed Urine Tests
Starting June 10, 2026, if an oral fluid test is required but cannot be done because there are not yet two HHS-certified oral fluid laboratories, transportation workers in safety-sensitive jobs must give a directly observed urine sample instead. This requirement applies only in the specific situations described in 49 CFR 40.67(g) and is intended as an interim measure until oral fluid testing becomes available.
Same-Sex Observer Rule and Oral Fluid Switch
Collectors must ensure the observer is the same sex (i.e., male or female) as the employee and must never permit an opposite-sex observer. If a same-sex observer cannot be found, the Designated Employer Representative (DER) must arrange a same-sex observer or send the employee to an acceptable collection site; once oral fluid testing is available, an oral fluid collection is required in those cases where a same-sex observer cannot be found.
18‑Month Grace Period After Oral‑Fluid Labs
When HHS notifies DOT that a second HHS-certified oral fluid laboratory exists, employers will have an 18-month grace period to switch from directly observed urine collections to oral fluid testing as needed. For FAA-regulated employers, both certified oral fluid laboratories must be located in the United States for them to be able to use oral fluid testing.
DOT Expects No Significant Cost Increase
DOT states it does not expect this rule to impose significant costs or significant economic impacts on small entities, noting the directly observed urine requirement existed prior to the May 2023 rule and that oral fluid testing is not yet available. DOT also certified the rule does not trigger UMRA spending thresholds (e.g., $206 million) or a significant economic impact under the Regulatory Flexibility Act.
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