Federal Workers May Soon Face More Saliva-Based Drug Testing Rules
Published Date: 10/29/2026
Proposed Rule
Summary
The Department of Health and Human Services is updating the rules for federal workplace drug testing using oral fluid (like saliva). This affects all federal workplaces that do drug testing, aiming to make tests easier and more reliable. Comments on these changes are open until December 28, 2026, so get ready to share your thoughts!
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
Fewer Quality-Control Controls for Labs
HHS proposes lowering the required percentage of controls in each initial oral fluid drug-test batch from 10% to 4% of the total controls and specimens in the batch (the 10% requirement for confirmatory test batches remains). This change is intended to reduce laboratory time, labor, and material costs for initial testing.
Split Labs May Use Any Authorized Biomarker
When a primary oral fluid specimen was reported as substituted based on a biomarker, an HHS-certified split (B) testing laboratory may test the split specimen for any HHS-authorized biomarker rather than being required to use the same biomarker test. This change is intended to reduce the need for specimen recollection and help reconfirm substitution results.
Deadline to Request Electronic Federal CCF Approval
SAMHSA set a deadline of August 31, 2026, for all HHS-certified laboratories to submit a request for approval to use an electronic (digital) Federal Drug Testing Custody and Control Form (federal ECCF). SAMHSA also implemented an ECCF Recognition Program to assist laboratories meet this requirement.
Pre-employment Oral Fluid Tests for Applicants
The revised guidelines clarify that pre-employment oral fluid drug tests are performed for all individuals applying for a testing-designated position, including federal agency employees who apply for such positions.
Small Reduction in Paperwork Burden Hours
HHS reports the estimated total annual burden hours associated with oral fluid testing will decrease from 1,686,483 hours to 1,684,363 hours under the proposed Guidelines, reflecting a reduction of 2,120 hours in total across respondents.
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Key Dates
Department and Agencies
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