US Lawmakers Push HHS to Modernize Drug Testing Rules

US lawmakers are urging HHS to update federal drug testing rules for trucking and other safety-sensitive sectors, arguing that delays in oral fluid and hair testing are weakening detection and public safety. The push reflects growing concern over test tampering, outdated regulations and the need for more effective screening tools in freight transport.

A group of six US lawmakers is pressing the Department of Health and Human Services (HHS) to remove regulatory barriers, arguing they are preventing the trucking and broader transportation sectors from adopting more effective drug testing methods for safety-sensitive workers. In an April 17 letter to HHS, the lawmakers argued that federal workplace drug testing rules have fallen behind both technology and current safety needs.

The push centers on two alternatives to traditional urine testing, oral fluid testing, and hair testing. Supporters say both methods could help employers better detect drug use and reduce test tampering, particularly in sectors such as trucking where safety risks extend beyond the workplace and onto public roads. The congressional effort was led by Rep. Andy Harris and signed by Reps. Pete Sessions, Mike Collins, Ben Cline, Mike Bost, and Claudia Tenney.

The lawmakers’ argument is that workplace drug testing for regulated employees should not be treated as a clinical diagnostic program. According to the letter and industry responses, current policy effectively subjects newer testing technologies to FDA processes that were designed for medical devices rather than forensic workplace screening. That, they argue, has created a bottleneck that is delaying the use of newer methods already considered viable by employers and transportation stakeholders.

The issue is especially visible in oral fluid testing. The US Department of Transportation published a final rule in May 2023 authorizing oral fluid specimen testing for drugs in transportation workplace testing programs. However, implementation still depends on HHS certifying at least two laboratories to process those samples, a step that has not yet occurred. As a result, oral fluid testing is authorized in regulation but not yet broadly available in practice.

That gap is one of the main complaints from lawmakers and industry groups. Commercial Carrier Journal reported that the letter warns the delay is undermining the effectiveness of federal testing programs, while the American Trucking Associations praised the congressional push and framed the issue as a matter of highway safety. Chris Spear, President and CEO, American Trucking Associations (ATA) says bureaucratic delays have come “at the expense of safety,” according to coverage of the letter and ATA’s statement.

Hair testing is the other unresolved issue. Congress directed HHS in the 2015 FAST Act era to issue scientific and technical guidelines for hair testing for commercial motor vehicle drivers, but those guidelines have still not been finalized for this use. Congressional and industry sources continue to cite that delay as evidence that federal policy has not kept pace with the needs of regulated employers.

The lawmakers’ push comes amid broader concerns about specimen tampering. Quest Diagnostics states that in the federally mandated, safety-sensitive workforce, substituted urine specimens rose 370.6 percent between 2022 and 2023, while invalid specimens increased 36.7%. The company said those results suggest more workers are attempting to undermine the testing process, reinforcing the case for methods that are harder to adulterate.

Industry sources also frame the issue within the broader pressures of long-haul trucking. A 2025 statistical breakdown published by USA Mobile Drug Testing argues that trucking’s long hours, isolation, and fatigue can create conditions that contribute to alcohol and substance abuse. The same article cites an estimate that up to one-third of commercial drivers may use psychoactive substances, though that figure appears in a secondary industry source rather than a primary federal dataset and should be treated as contextual rather than definitive.

In their letter, the lawmakers asked HHS to take four steps. Affirm that laboratory-based workplace drug testing is non-clinical and outside FDA medical device authority, recognize SAMHSA as the lead oversight body, designate SAMHSA’s Division of Workplace Programs as the authority for updates to drug panels and testing technologies, and finalize the hair testing guidelines first mandated by Congress in 2015. They also asked HHS to provide a formal response and timeline within 30 days.