Washington Tweaks the Rules for Federal Workplace Urine Tests
Published Date: 10/29/2026
Proposed Rule
Summary
The Department of Health and Human Services is updating the rules for federal workplace urine drug testing to keep things fair and accurate. These changes affect all federal workplaces that do drug testing and aim to improve testing methods and procedures. Comments on the proposed updates are open until December 28, 2026, so get ready to weigh in!
Analyzed Economic Effects
7 provisions identified: 5 benefits, 2 costs, 0 mixed.
pH invalid cutoff raised to 9.5
HHS is raising the urine pH threshold for an invalid result from 9.0 to 9.5. HHS estimates about 275,000 urine specimens are tested annually and that specimens with pH between 9.0 and 9.5 account for about 0.2 percent (approximately 15,000 specimens/year); the change is intended to reduce confirmatory pH tests, Medical Review Officer (MRO) reviews/interviews, and specimen recollections.
Initial test quality controls cut to 4%
HHS is lowering the required percentage of controls in each initial drug test batch from 10 percent to 4 percent of the total controls and specimens in the batch. Confirmatory test batches remain at 10 percent; HHS says the change will reduce time, labor, and material costs for HHS-certified laboratories and instrumented initial test facilities (IITFs).
Split labs can use any authorized biomarker
When a primary (A) urine specimen was reported substituted based on biomarker testing, a split (B) testing laboratory may test the split specimen using any HHS-authorized biomarker; it is not required to use the same biomarker as the primary test. HHS says this flexibility should help reconfirm substitution results and reduce the need for recollection.
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 Federal Custody and Control Form (ECCF). SAMHSA also implemented an ECCF Recognition Program to help laboratories meet this requirement.
MRO may authorize biomarker testing for invalid creatinine/SG
An MRO may now authorize testing a specimen that is invalid based on creatinine and specific gravity for an HHS-authorized biomarker to determine substitution. HHS says this change is intended to produce definitive results and reduce the need for specimen recollection.
HHS may certify labs for split-only testing
HHS clarified it may certify laboratories that test only split (B) specimens and/or that perform additional drug or specimen validity tests for primary and split specimens. This expands the types of laboratory certifications HHS may grant.
Pre-employment urine tests for designated positions
HHS clarified that pre-employment urine drug tests are performed for all individuals applying for a testing-designated position, including federal agency employees. This specifies that applicants to such positions will undergo urine testing as part of pre-employment screening.
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Key Dates
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The Department of Health and Human Services wants to make life easier for States and Tribal groups that get block grants by cutting out old, confusing rules. These changes will save time and hassle, making programs run smoother and clearer. If you want to share your thoughts, send comments by November 30, 2026—no extra costs, just simpler paperwork!