Key Highlights:
- Outdated federal drug testing standards rely on urine testing, leaving the system vulnerable to cheating and undermining highway safety.
- ATA has long supported the adoption of hair and oral fluid testing. These are proven, science-based solutions.
- With growing support from Congress, ATA is calling on HHS to follow the law and close dangerous safety gaps.
The trucking industry relies on a strong federal drug testing program to protect public safety and ensure that impaired individuals are not operating commercial motor vehicles. But as drug use trends and testing technologies evolve, the federal government’s failure to modernize its approach has left dangerous gaps in the system—and undermined the very safety mission the program is meant to uphold.
The American Trucking Associations has long warned that a drug testing program that lacks robust tools—reflected in the current primary reliance on urine testing—no longer reflect today’s realities. Hair and oral fluid testing are proven, science-based alternatives that can strengthen deterrence, reduce cheating, and better identify drug use among safety-sensitive workers. Yet for years, their adoption has been stalled by bureaucratic delays at the U.S. Department of Health and Human Services.
As lawmakers and regulators express a growing interest in measures endorsed by ATA to strengthen the integrity of the CDL system, our Federation is calling their attention to reforming federal drug testing programs, a critical component of highway safety.
Why Hair and Oral Fluid Testing Matter
Urine testing has clear limitations, especially as bad actors become more sophisticated in trying to beat the system. According to an analysis of Quest Diagnostics data, substituted and invalid urine specimens increased by more than 370% and 36%, respectively, between 2022 and 2023 among federally regulated, safety-sensitive employees—a troubling trend that underscores how vulnerable the current system has become.
Hair and oral fluid testing directly address these weaknesses and are more effective at identifying drug use that poses a risk to public safety. Oral fluid testing is typically directly observed, making it far harder to substitute or tamper with specimens. Hair testing is also directly observed and offers a longer detection window, providing a more complete picture of past drug use and strengthening deterrence. Access to these testing methods ensures motor carriers have the most effective, robust toolboxes when it comes to understanding potential patterns of drug and alcohol use and safety hazards.
Bureaucratic Hurdles
In 2015, following ATA’s sustained advocacy for modernized drug testing, Congress first directed HHS to recognize hair testing as a valid alternative to urine testing for commercial motor vehicle drivers. More than a decade later, that mandate remains unfulfilled.
Similarly, oral fluid testing was approved for regulated use in 2023, yet no U.S. laboratory has been able to obtain certification due to regulatory barriers—particularly regulatory hurdles imposed by the Food and Drug Administration. In fact, unless the FDA changes course and lowers these barriers, U.S. employers will only be able to access federally authorized oral fluid testing via Canada-based labs.
To address metastasizing public safety threats, federal agencies must obey the law, follow the science, and eliminate unnecessary red tape. The Substance Abuse and Mental Health Services Administration and the National Laboratory Certification Program already provide rigorous oversight of workplace drug testing. In order to create a more streamlined regulatory framework, HHS should clarify that these agencies serve as the sole authoritative body for drug testing programs.
Continued inaction does not merely delay reform; it comes at the expense of safety.
Applying New Pressure on HHS
This month, ATA intensified its pressure on HHS.
At ATA’s request, six Members of Congress sent a letter to HHS Secretary Robert F. Kennedy Jr. to urge the department to finally allow hair and oral fluid testing to move forward. Led by Rep. Andy Harris (R-MD), the lawmakers warned that outdated regulatory structures now “threaten the relevance and effectiveness of the entire program” and called for immediate action to modernize federal policy.
[embed letter]
ATA President & CEO Chris Spear welcomed the lawmakers’ intervention. The letter lays out clear, practical steps that HHS should take to ensure the agency can evolve to meet emerging threats.
Safety Can’t Wait
Every day that bureaucrats drag their feet is another day the system remains vulnerable to abuse—putting drivers, carriers, and the motoring public at risk. Hair and oral fluid testing are not experimental; they are proven tools that align with Congress’ intent and modern scientific standards.
ATA will continue working with its champions on Capitol Hill to ensure HHS embraces effective testing technologies and strengthens safety across America’s transportation network. The goal is clear and simple: keep impaired drivers off the road and uphold the trucking industry’s commitment to safety.
Frequently Asked Questions:
When did the federal government begin requiring drug tests for safety-sensitive transportation workers?
In 1991, with the staunch support of the American Trucking Associations, Congress passed and President George H.W. Bush enacted a requirement that CDL holders and other transportation employees in safety-sensitive positions be subject to mandatory drug testing, aligning with policies many ATA members already had on their books.
How many people are currently subject to federal drug testing standards?
The federal drug testing programs cover more than 6.5 million DOT-regulated workers and hundreds of thousands of federal employees.
When did the need for reform to federal drug testing programs become apparent?
In 2008, the Government Accountability Office (GAO) issued a report exposing the flaws in DOT’s drug-testing program. The report identified several weaknesses and loopholes in the testing process, especially concerning ways drivers can easily subvert the urine testing process.
More recently, between 2022 and 2023, substituted and invalid urine specimens increased by over 370% and 36% according to an analysis of Quest Diagnostics data.
What steps has Congress taken to mandate the acceptance of hair testing?
In 2015, again with the trucking industry’s backing, Congress passed and President Barack Obama enacted a requirement that HHS issue scientific and technical guidelines for incorporating hair testing into the DOT drug-testing program.
In 2020, HHS published proposed guidelines that failed to comply with the 2015 law by stipulating that a positive hair test must be confirmed by a positive alternative specimen drug test, limiting its utility.
In the FY2026 Consolidated Appropriations Act, Congress reaffirmed its position by reiterating its instructions to HHS to produce hair testing guidelines. However, HHS has yet to finalize guidelines for hair testing that align with Congressional direction and mandates.