Skip to main content
Proposed Rule2026-22122

Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Urine (UrMG)

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
October 29, 2026

Issuing agencies

Health and Human Services Department

Abstract

The Department of Health and Human Services ("HHS" or "Department") is proposing to revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (UrMG), published in the Federal Register on October 12, 2023).

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Proposed Rules]
[Pages 68398-68445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22122]



[[Page 68397]]

Vol. 91

Thursday,

No. 208

October 29, 2026

Part IV





Department of Health and Human Services





-----------------------------------------------------------------------





42 CFR Chapter I





Mandatory Guidelines for Federal Workplace Drug Testing Programs Using 
Urine (UrMG); Proposed Rule

Federal Register / Vol. 91, No. 208 / Thursday, October 29, 2026 / 
Proposed Rules

[[Page 68398]]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Chapter I

RIN 0930-AA40


Mandatory Guidelines for Federal Workplace Drug Testing Programs 
Using Urine (UrMG)

AGENCY: Substance Abuse and Mental Health Services Administration 
(SAMHSA), Department of Health and Human Services (HHS).

ACTION: Proposed revisions to mandatory guidelines.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services (``HHS'' or 
``Department'') is proposing to revise the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs using Urine (UrMG), published 
in the Federal Register on October 12, 2023).

DATES: Submit comments on or before December 28, 2026.

ADDRESSES: In commenting, please refer to docket number SAMHSA-2026-
0002. Because of staff and resource limitations, SAMHSA cannot accept 
comments by facsimile (fax) transmission.
    You may submit comments in one of four ways (please choose only one 
of the ways listed):
    <bullet> Electronically. You may submit electronic comments on this 
regulation to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow ``Submit a comment'' 
instructions.
    <bullet> By regular mail. You may mail written comments to the 
following address: SAMHSA, Center for Substance Abuse Prevention 
(CSAP), Division of Workplace Programs (DWP), 5600 Fishers Lane, Room 
16N02, Rockville, MD 20857. Please allow sufficient time for mailed 
comments to be received before the close of the comment period.
    <bullet> By express or overnight mail. You may send written 
comments to the following address: SAMHSA, CSAP, DWP, 5600 Fishers 
Lane, Room 16N02, Rockville, MD 20857.
    <bullet> By hand or courier. You may deliver your written comments 
by hand or courier to the following address prior to the close of the 
comment period: SAMHSA, CSAP, DWP, 5600 Fishers Lane, Room 16N02, 
Rockville, MD 20857. If you intend to deliver your comments to the 
Rockville address, please call (240) 276-2600 in advance to schedule 
your arrival with one of our staff members. Because access to the 
SAMHSA building is secure, persons without federal government 
identification are encouraged to schedule their delivery or to leave 
comments with the security guard at the front desk located in the main 
lobby of the building.
    All comments received before the close of the comment period will 
be available for viewing by the public. Please note that all comments 
are posted in their entirety, including personal or confidential 
business information that is included in the comment. SAMHSA will post 
all comments before the close of the comment period on the following 
website: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Use the website's search function 
to view the associated comments.
    Comments received before the close of the comment period will also 
be available for public inspection as they are received, generally 
beginning approximately 3 weeks after publication of a document, at 
SAMHSA, CSAP, DWP, 5600 Fishers Lane, Rockville, MD 20857, Monday 
through Friday of each week, excluding federal holidays, from 8:30 a.m. 
to 4:00 p.m. To schedule an appointment to view public comments, please 
call (240) 276-2600.

FOR FURTHER INFORMATION CONTACT: Eugene D. Hayes, Ph.D., MBA, SAMHSA, 
CSAP, DWP; 5600 Fishers Lane, Room 16N02, Rockville, MD 20857, by 
telephone (240) 276-1459 or by email at <a href="/cdn-cgi/l/email-protection#387d4d5f5d565d167059415d4b784b5955504b591650504b165f574e"><span class="__cf_email__" data-cfemail="7d38081a18131853351c04180e3d0e1c10150e1c5315150e531a120b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Executive Summary

    This notice of proposed revisions to the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs using UrMG includes revisions 
that will: clarify the types of laboratories that may be certified to 
conduct testing for federal agency workplace drug testing programs, 
change invalid specimen criteria (i.e., raise cutoff from pH 9.0 to 
9.5), reflect the Department's decision to publish the Authorized Drug 
Testing Panels only when revised rather than each year, revise the 
initial test batch quality control requirements for laboratories and 
instrumented initial test facilities (IITFs), allow a Medical Review 
Officer (MRO) to authorize use of a biomarker test for a specimen with 
an invalid result based on creatinine and specific gravity, and allow a 
split testing laboratory to test for any HHS-authorized biomarker to 
reconfirm substitution based on a biomarker test (i.e., may test for a 
different biomarker). In addition, some wording changes have been made 
for clarity and for consistency with the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs using Oral Fluid (OFMG) or to 
apply to any authorized specimen type and to clarify direct observed 
collection procedures.
    The Department is concurrently publishing a separate Federal 
Register Notice proposing revisions to the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs using OFMG, including the same 
or similar revisions proposed for the UrMG, where appropriate.
    The current authorized drug testing panel and report nomenclature 
table for urine and for oral fluid were published on January 16, 2025 
(90 FR 4662).

Background

    Pursuant to its authority under Section 503 of Public Law 100-71, 5 
U.S.C. 7301, and Executive Order No. 12564, HHS establishes the 
scientific and technical guidelines for Federal Workplace Drug Testing 
Programs and establishes standards for certification of laboratories 
engaged in drug testing for federal agencies. Using data obtained from 
the Federal Workplace Drug Testing Programs and HHS-certified 
laboratories, the Department estimates that 275,000 urine specimens are 
tested annually by federal agencies.
    As required, HHS originally published the Mandatory Guidelines for 
Federal Workplace Drug Testing Programs (Guidelines) in the Federal 
Register (FR) on April 11, 1988 (53 FR 11979). SAMHSA subsequently 
revised the Guidelines on June 9, 1994 (59 FR 29908), September 30, 
1997 (62 FR 51118), November 13, 1998 (63 FR 63483), April 13, 2004 (69 
FR 19644), and November 25, 2008 (73 FR 71858). SAMHSA published the 
renamed Mandatory Guidelines for Federal Workplace Drug Testing 
Programs using UrMG on January 23, 2017 (82 FR 7920), and the first 
Mandatory Guidelines for Federal Workplace Drug Testing Programs using 
OFMG on October 25, 2019 (84 FR 57754). SAMHSA published the current 
UrMG (88 FR 70768) and current OFMG (88 FR 70814) on October 12, 2023.

Proposed Revisions to the Guidelines

    This preamble describes the proposed revisions to the Mandatory 
Guidelines for Federal Workplace Drug Testing Programs using UrMG, and 
the rationale for the changes.

Subpart A--Applicability

    Section 1.5 defines terms used in the UrMG. The Department has 
added terms and revised definitions in this section in accordance with 
proposed changes to these Guidelines.
    The Department has deleted ``Gender Identity'' (i.e., term and 
definition) to

[[Page 68399]]

enhance the clarity of direct observed collection procedures.
    The Department updated the definition of ``Laboratory'' clarifying 
that, in addition to certifying laboratories to conduct all required 
testing of primary (A) and split (B) specimens, the Department may 
certify laboratories that test split (B) specimens only and/or conduct 
additional drug or specimen validity tests for primary and split 
specimens in accordance with these Mandatory Guidelines.
    The Department edited the definition of ``Negative Result'' for 
clarity.
    The Department edited the definition of ``Substituted Specimen'' to 
refer to a test for an HHS-authorized biomarker rather than 
specifically referring to the Biomarker Testing Panel, to reflect the 
Department's review and approval process for an HHS-certified test 
facility to implement testing for a biomarker for use in Federal 
workplace drug testing programs.
    Section 1.7 describes the circumstances that constitute a refusal 
to test. The Department provided additional examples for clarity.

Subpart B--Urine Specimens

    Section 2.2 describes the circumstances under which a urine 
specimen may be collected. The Department reviewed and revised Section 
2.2(a) and other wording in the current UrMG to clarify that pre-
employment tests are performed for all individuals applying for a 
testing designated position, including federal agency employees.

Subpart C--Urine Specimen Tests

    Section 3.1 describes the tests that are conducted on a urine 
specimen. The Department revised Section 3.2 to address when a specimen 
may be tested for drugs other than those in the drug testing panel and 
inserted a new Section 3.3 to describe the process for an HHS-certified 
laboratory or IITF to obtain HHS approval to test for a biomarker other 
than those in the biomarker testing panel. The Department renumbered 
subsequent items in Section 3 accordingly.
    Section 3.5 describes the publication of drug and biomarker testing 
panels with analytes and cutoffs for urine. The Department removed the 
drug testing panel from the UrMG and deleted the requirement to publish 
the Authorized Drug Testing Panels annually. HHS will publish a FR 
Notice when drug and/or biomarker testing panels are changed.

Subpart D--Collectors

    Section 4.4 describes requirements for an observer for a direct 
observed collection. The Department revised item b to refer to the sex 
of the observer and donor to enhance the clarity of direct observed 
collection procedures.

Subpart H--Urine Specimen Collection Procedure

    Section 8.1 describes privacy requirements for urine collection. 
The Department revised item b to refer to the sex of the observer and 
donor to enhance the clarity of direct observed collection procedures.
    The Department reworded item c in Section 8.8 for clarity and to 
use the same wording in the UrMG and OFMG.
    The Department revised the language in item 8.9(a)(2) to remove the 
word ``medical,'' because there may be a legitimate non-medical 
explanation for an invalid result.
    Section 8.10 describes how a direct observed collection is 
conducted and Section 8.12 describes how a monitored collection is 
conducted. The Department revised wording in both sections to refer to 
the sex of the observer and donor to clarify direct observation 
collection procedures.

Subpart I--HHS Certification of Laboratories and IITFs

    The Department revised the language in item 9.5(a)(1) to refer to 
the drug testing panel rather than ``drug classes listed in the drug 
testing panel.''
    Section 9.6 describes National Laboratory Certification Program 
(NLCP) performance testing (PT) requirements for an applicant urine 
laboratory and Section 9.7 describes PT requirements for an HHS-
certified urine laboratory. The Department reworded item a.3 in both 
sections to clarify that PT criteria for initial drug test results are 
for applicant laboratories that will conduct initial drug tests.

Subpart K--Laboratory

    Section 11.12 describes the initial drug test batch quality control 
requirements for a urine laboratory. The Department revised item b to 
apply to the controls in each initial drug test batch rather than to 
calibrators and controls and reduced the required percentage of 
controls from 10 percent to 4 percent of the total controls and 
specimens in the batch. (The same changes were made for IITFs in 
Section 12.)
    Section 11.18 describes the requirements for urine laboratory 
specimen validity tests. The Department added wording to this section 
for clarity as follows: (1) added an introductory sentence referencing 
the required urine specimen validity tests in Section 3.1(c) and 
optional specimen validity tests in Sections 3.1(d) and 3.6; (2) added 
an item a with the requirement for an invalid, adulterated, or 
substituted result to be based on an initial specimen validity test on 
one aliquot and a confirmatory specimen validity test on a second 
aliquot, (3) added an item b with the current requirement for controls 
to be analyzed concurrently with specimens, and (4) added an item h 
with quality control requirements for specimen validity tests other 
than those specified in preceding items. Other items were renamed or 
renumbered accordingly.
    Item 11.18(e)(4)(v) was edited to reflect the invalid cutoff change 
from pH 9.0 to 9.5. As described below, the Department based this 
change on a thorough review of current information.
    Currently, specimens with pH >=9.0 must undergo laboratory 
confirmatory testing for pH and those with reported pH results >=9.0 
and <=9.5 must undergo MRO review for possible explanations for the 
elevated pH. Specimens without a legitimate explanation and specimens 
requiring a valid negative result (i.e., pre-employment, return-to-
duty, or follow-up test) must be recollected. The additional testing, 
review, and recollections are a significant burden to HHS-certified 
laboratories, MROs, and federal agencies that does not result in 
identifying additional adulterated specimens.
    Research on time and temperature changes in urine specimens and 
effects of pH on drug concentrations in urine were presented at the 
December 2024 meeting of SAMHSA's Drug Testing Advisory Board. The data 
presented was sourced from HHS-certified laboratories' invalid pH 
demographics, peer reviewed literature, and NLCP applied studies 
presented at scientific meetings after peer review of the abstracts. 
These data show that: (1) extended time at high temperature after 
collection can cause urine pH in the acceptable range to rise to 9.1 to 
9.3; (2) there is a cyclical nature to the incidence of specimens in 
the pH range of 9.0 to 9.5 corresponding to summer months; (3) the 
incidence of specimens in pH range 9.0 to 9.5 is ~0.2 percent (e.g., 
approximately 15,000 specimens/year); and (4) pH >9.5 does not occur 
due to elevated temperature and increased shipping time.
    Regarding the effect of elevated pH on positive drug 
concentrations, three analytes (i.e., benzoylecgonine, phencyclidine, 
and 6-acetylmorphine) were identified as susceptible to changes in 
concentration due to elevated pH. Drug loss over a typical shipping 
time (i.e., 1 to 3 days) ranged from 13 percent for benzoylecgonine to 
58 percent for 6-acetylmorphine. There

[[Page 68400]]

was no difference in the loss of drug at pH 9.0 to 9.5 and pH of 9.5 to 
10.0 for benzoylecgonine and phencyclidine; however, significant losses 
of 6-acetylmorphine occurred at pH as low as 8.0. The Department also 
reviewed information on primary (A) and split (B) specimens with 
inconsistent concentrations of these three analytes. None of these 
specimens had a pH >=9.0.
    Section 11.19 describes requirements for an HHS-certified 
laboratory to report a test result. The Department revised item 
11.19(h)(1) to state that an MRO may authorize a specimen with an 
invalid result based on creatinine and specific gravity to be tested 
for an HHS-authorized biomarker to determine substitution. The 
Department revised item 11.19(g) to require the laboratory to contact 
the MRO for authorization before conducting testing for the additional 
biomarker or sending the specimen to another certified laboratory for 
the additional test.

Subpart L--IITF

    Section 12.11 describes the initial drug test batch quality control 
requirements for an IITF. The Department revised item b to apply to the 
controls in each initial drug test batch rather than to calibrators and 
controls and reduced the required percentage of controls from 10 
percent to 4 percent of the total controls and specimen in the batch. 
(The same changes were made for laboratories in Section 11.)
    Section 12.14 describes the requirements for IITF specimen validity 
tests.
    The Department added wording to this section for clarity as 
follows: (1) added an introductory sentence referencing the required 
IITF specimen validity tests in Section 3.1(c) and optional specimen 
validity tests in Sections 3.1(d); and (2) added an item a with the 
current requirement for controls to be analyzed concurrently with 
specimens. Other items were renamed accordingly.
    The Department edited item 12.14(d)(1) and (2) consistent with the 
revised invalid specimen criteria (i.e., cutoff change from pH 9.0 to 
9.5).
    The Department edited wording in item 12.21 regarding IITF records 
available to a Federal applicant or employee to be the same as section 
11.24 regarding laboratory records.

Subpart M--MRO

    Section 13.5 describes MRO actions when reviewing a urine 
specimen's test results.
    The Department revised item f to delete MRO action for invalid 
results based on a pH of 9.0 to 9.5, consistent with the revised 
invalid specimen criteria (i.e., cutoff change from pH 9.0 to 9.5). The 
Department also edited wording in this section to address different MRO 
actions to be taken for invalid specimens depending on the reason for 
the test.
    Section 13.6 describes MRO action when the collector reports that 
the donor did not provide a sufficient amount of urine for a drug test. 
The Department has reviewed and revised the previous wording in Section 
13.6(b) to clarify different MRO actions to be taken for invalid 
specimens depending on the reason for the test.

Subpart N--Split Specimen Tests

    Section 14.1 describes when a split (B) urine specimen may be 
tested. The Department has revised item 14.1(c) to clarify MRO action 
when a split specimen cannot be tested by a second laboratory because 
(1) there is no split specimen or the specimen has insufficient volume 
for testing), (2) the primary specimen was reported as adulterated and 
there is no second HHS-certified laboratory to test the split specimen 
for the same adulterant; or (3) the primary specimen was reported as 
substituted based on a biomarker, and there is no second HHS-certified 
laboratory to test the split specimen (i.e., using the same or a 
different biomarker test).
    Section 14.4 describes how an HHS-certified laboratory tests a 
split (B) urine specimen when the primary (A) specimen was reported 
substituted. The Department has renamed and renumbered items in this 
section. Item 14.4(b) addresses testing of a split specimen when the 
primary specimen was reported substituted based on biomarker testing. 
The Department has revised this section to allow the split testing 
laboratory to test for any HHS-authorized biomarker. It is not 
necessary to test the split specimen for the same biomarker to 
reconfirm the primary (A) specimen's substituted result.
    Section 14.6 describes action an MRO takes after receiving the 
split (B) urine specimen result from the split testing laboratory. The 
Department has edited and reorganized this section for clarity and to 
describe these revised requirements:
    <bullet> When the split laboratory has failed to reconfirm a single 
or all drug positive results and reported the specimen as adulterated 
and the primary laboratory cannot perform the test for that adulterant: 
the MRO directs testing at another HHS-certified laboratory.
    <bullet> When the split laboratory has failed to reconfirm a single 
or all drug positive results and reported the specimen as substituted 
and the primary laboratory cannot perform a biomarker test: the MRO 
directs testing at another HHS-certified laboratory. It is not 
necessary to test the primary specimen for the same biomarker to 
reconfirm the split specimen's substituted result.
    The Department also removed the requirement for the MRO to contact 
the HHS office responsible for coordination of the drug-free workplace 
program regarding the test results throughout this section.

General Revisions

    In addition to the proposed changes described by subpart and 
section above, the Department has edited the UrMG to address proposed 
changes and has reworded some items for clarity (e.g., referring to 
``donors'' rather than ``employees'' or ``applicants'') and/or for 
consistency with the OFMG or to apply to any authorized specimen type.

Impact of These Guidelines on Government Regulated Industries

    The proposed revised Guidelines may impact the Department of 
Transportation and Nuclear Regulatory Commission regulated industries 
depending on these agencies' decisions to incorporate the final UrMG 
revisions into their programs under their own authority.

Costs and Benefits

Costs

    The proposed UrMG revisions are not expected to increase current 
stakeholder costs. There will be some administrative costs for HHS-
certified laboratories and MROs associated with the change in invalid 
specimen criteria (i.e., pH cutoff raised from 9.0 to 9.5; see Sections 
11.18 and 12.14). However, the time and labor savings from this change 
are expected to greatly exceed these one-time costs.

Benefits

    As noted above, laboratories and MROs will incur some initial costs 
for changing the pH invalid test cutoff; however, this change will 
benefit laboratories, MROs, and Federal agencies. Currently, a large 
number of specimens are reported as invalid based on pH between 9.0 and 
9.5, especially in summer months. The reduction in invalid specimens 
due to the cutoff change will reduce the numbers of required 
confirmatory pH tests, MRO interviews and investigations, and specimen 
recollections.
    The proposed revision to quality control requirements for initial 
drug test batches in Section 11.11(b) will reduce laboratory burden and 
expense while

[[Page 68401]]

maintaining quality. The Department has lowered the percentage of 
controls in each initial drug test batch from 10 percent to 4 percent 
of the total controls and specimens in the batch. This will reduce 
time, labor, and material costs (e.g., purchasing, initial 
verification, batch review, monitoring control results). Initial drug 
testing is used to report specimens as negative; specimens with a 
positive initial drug test are reflexed to confirmatory testing. The 
Department has maintained the 10 percent control requirement for 
confirmatory test batches.
    Other UrMG revisions that will reduce stakeholder burden include 
those related to biomarker testing which are expected to lead to 
definitive results and reduce the need for specimen recollection. These 
include changes allowing an MRO to authorize testing for a biomarker 
for a specimen with an invalid result based on creatinine and specific 
gravity (Section 11.19) and allowing a split testing laboratory to use 
any HHS-authorized biomarker test to reconfirm substitution based on a 
biomarker test, rather than requiring the same biomarker test used for 
the primary specimen (Section 14.1). These revisions also strengthen 
the federal government's ability to identify illicit drug use and donor 
attempts to subvert drug tests.

Paperwork Reduction Act of 1995

    This proposed rule contains information collection provisions that 
are subject to review by OMB under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521). The title and description of the collected 
information and respondent description are shown in the following 
paragraphs with an estimate of the annual reporting, disclosure, and 
recordkeeping burden. Included in the estimate is the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Comments on the information collection requirements are 
specifically solicited in order to: (1) Evaluate whether the proposed 
collection of information is necessary for the proper performance of 
HHS's functions, including whether the information will have practical 
utility; (2) evaluate the accuracy of HHS's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used; (3) enhance the quality, utility, and 
clarity of the information to be collected; and (4) minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology.
    Title: The Mandatory Guidelines for Federal Workplace Drug Testing 
Programs using Urine

Information Collection/Record Keeping Requirements

    The information collection requirements (i.e., reporting and 
recordkeeping) in the current Guidelines, which establish the 
scientific and technical guidelines for Federal Workplace Drug Testing 
Programs and establish standards for certification of laboratories 
engaged in urine drug testing for federal agencies under authority of 5 
U.S.C. 7301 and Executive Order 12564, are approved by the Office of 
Management and Budget (OMB) under control number 0930-0158. The Federal 
Drug Testing Custody and Control Form (Federal CCF) used to document 
the collection and chain of custody of urine and oral fluid specimens 
at the collection site, for laboratories to report results, and for 
Medical Review Officers to make a determination; the National 
Laboratory Certification Program (NLCP) application; the NLCP 
Laboratory Information Checklist; and recordkeeping requirements in the 
current Guidelines, as approved under control number 0930-0158, will 
remain in effect.
    In support of the Government Paperwork Reduction Act, the 
Department revised the Federal CCF to enable its use as an electronic 
form (78 FR 42091, July 15, 2013) and developed requirements and 
oversight procedures to ensure that HHS-certified test facilities and 
other service providers (e.g., collection sites, MROs) using an 
electronic version of the Federal CCF (ECCF) maintain the accuracy, 
security, and confidentiality of electronic drug test information. 
Before a Federal ECCF can be used for Federal agency specimens, HHS-
certified test facilities must submit detailed information and proposed 
standard operating procedures (SOPs) to the NLCP for SAMHSA review and 
approval and undergo an NLCP inspection focused on the proposed ECCF.
    Since 2013, SAMHSA has encouraged the use of Federal ECCFs and 
other electronic processes in HHS-certified test facilities, when 
practicable, for federally regulated testing operations. In accordance 
with Section 8108(a) of the SUPPORT for Patients and Communities Act, 
SAMHSA has set a deadline of August 31, 2026, for all HHS-certified 
laboratories to submit a request for approval of an electronic 
(digital) Federal CCF. To assist all HHS-certified laboratories, SAMHSA 
has implemented an ECCF Recognition Program to recognize ECCF systems 
that meet program requirements and can be used by any HHS-certified 
laboratory or IITF. This program is expected to facilitate the process 
for HHS-certified test facilities seeking SAMHSA approval to use an 
ECCF and enable all HHS-certified test facilities (regardless of size) 
to meet the August 31, 2026, deadline for a digital ECCF submission.
    Description: The Mandatory Guidelines establish the scientific and 
technical guidelines for federal drug testing programs and establish 
standards for certification of laboratories engaged in drug testing for 
federal agencies under authority of Public Law 100-71, 5 U.S.C. 7301 
note, and Executive Order No. 12564. Federal drug testing programs test 
applicants for safety-sensitive positions, individuals involved in 
accidents, individuals tested for cause, and random testing of 
employees in safety-sensitive positions.
    Description of Respondents: Individuals or households, businesses, 
or other-for-profit and not-for-profit institutions.
    The burden estimates in the tables below are based on the following 
number of respondents: 38,000 donors who apply for employment or are 
employed in testing designated positions, 100 collectors, 20 urine 
specimen testing laboratories, 1 IITF, and 100 MROs.

Estimate of Annual Reporting Burden

BILLING CODE 4162-20-P

[[Page 68402]]

[GRAPHIC] [TIFF OMITTED] TP29OC26.000


[[Page 68403]]


[GRAPHIC] [TIFF OMITTED] TP29OC26.001


[[Page 68404]]


[GRAPHIC] [TIFF OMITTED] TP29OC26.002

BILLING CODE 4162-20-C

[[Page 68405]]

    The following reporting requirements are also in the proposed 
Guidelines, but have not been addressed in the above reporting burden 
table: collector must report any unusual donor behavior or refusal to 
participate in the collection process on the Federal CCF (Sections 1.8, 
8.9); collector annotates the Federal CCF when a sample is a blind 
sample (Section 10.3(a)); MRO notifies the federal agency and HHS when 
an error occurs on a blind sample (Section 10.4(d)); and Sections 13.6 
and 13.7 describe the actions an MRO takes for the medical evaluation 
of a donor who cannot provide a urine specimen. SAMHSA has not 
calculated a separate reporting burden for these requirements because 
they are included in the burden hours estimated for collectors to 
complete Federal CCFs and for MROs to report results to federal 
agencies.

Estimate of Annual Disclosure Burden

BILLING CODE 4162-20-P

[[Page 68406]]

[GRAPHIC] [TIFF OMITTED] TP29OC26.003

BILLING CODE 4162-20-C

[[Page 68407]]

    The following disclosure requirements are also included in the 
proposed Guidelines but have not been addressed in the above disclosure 
burden table: the collector must explain the basic collection procedure 
to the donor and answer any questions (Section 8.3(e) and (g)). SAMHSA 
believes having the collector explain the collection procedure to the 
donor and answer any questions is a standard business practice and not 
a disclosure burden.

Estimate of Annual Recordkeeping Burden

BILLING CODE 4162-20-P

[[Page 68408]]

[GRAPHIC] [TIFF OMITTED] TP29OC26.004


[[Page 68409]]


[GRAPHIC] [TIFF OMITTED] TP29OC26.005

BILLING CODE 4162-20-C
    The proposed Guidelines contain several recordkeeping requirements 
that SAMHSA considers not to be an additional recordkeeping burden. In 
subpart D, a trainer is required to document the training of an 
individual to be a collector (Section 4.3(a)(3)) and the documentation 
must be maintained in the collector's training file (Section 4.3(c)). 
SAMHSA believes this training documentation is common practice and is 
not considered an additional burden. In subpart F, if a collector uses 
an incorrect form to collect a federal agency specimen, the collector 
is required to provide a statement (Section 6.2(b)) explaining why an 
incorrect form was used to document collecting the specimen. SAMHSA 
believes this is an extremely infrequent occurrence and does not create 
a significant additional recordkeeping burden. Subpart H (Sections 
8.4(c), 8.5(d)(2), 8.5 (e)(1) and (2)) requires collectors to enter any 
information on the Federal CCF of any unusual findings during the urine 
specimen collection procedure. These recordkeeping requirements are an 
integral part of the collection procedure and are essential to 
documenting the chain of custody for the specimens collected. The 
burden for these entries is included in the recordkeeping burden 
estimated to complete the Federal CCF and is, therefore, not considered 
an additional recordkeeping burden. Subpart K describes a number of 
recordkeeping requirements for laboratories associated with their 
testing procedures, maintaining chain of custody, and keeping records 
(i.e., Sections 11.1(a) and (d); 11.2(b), (c), and (d); 11.6(b); 
11.7(c); 11.8; 11.11(a); 11.14(a); 11.17; 11.21(a), (b), and (c); 
11.22; 11.23(a) and 11.24). These recordkeeping requirements are 
necessary for any laboratory to conduct forensic drug testing and to 
ensure the scientific supportability of the test results. Therefore, 
they are considered to be standard business practice and are not 
considered a burden for this analysis.
    Thus, the total annual response burden associated with the testing 
of urine specimens by the laboratories and IITFs is estimated to be 
14,332 hours (that is, the sum of the total hours from the above 
tables). This burden has decreased from the 2023 estimate of 14,862 
hours. The estimated burden hours were also decreased for testing of 
oral fluid specimens by laboratories, as described in the OFMG. The 
final estimate after adjusting the total 1,686,483 hours currently 
approved by OMB under control number 0930-0158 is 1,684,363 hours, 
reflecting the decrease in burden hours required to perform the tasks 
outlined in these updated mandatory guidelines. The Department requests 
comments on the change in burden hours.
    As required by section 3507(d) of the Paperwork Reduction Act, the 
Secretary has submitted a copy of these proposed Guidelines to OMB for 
its review.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed Guidelines between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to HHS on the proposed 
Guidelines.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, New Executive Office Building, 
725 17th Street NW, Washington, DC 20502, Attn: Desk Officer for 
SAMHSA. Because of delays in receipt of mail, comments may also be sent 
to 202-395-6974 (fax).

Robert F. Kennedy, Jr.,
Secretary.
    For the reasons discussed above, the Department of Health and Human 
Services proposes to amend the Mandatory Guideline to read as follows:

Mandatory Guidelines for Federal Workplace Drug Testing Programs Using 
Urine

Subpart A--Applicability
1.1 To whom do these Guidelines apply?
1.2 Who is responsible for developing and implementing these 
Guidelines?
1.3 How does a Federal agency request a change from these 
Guidelines?
1.4 How are these Guidelines revised?
1.5 What do the terms used in these Guidelines mean?
1.6 What is an agency required to do to protect workplace drug 
testing records?
1.7 What is a refusal to take a federally regulated drug test?
1.8 What are the potential consequences for refusing to take a 
federally regulated drug test?
Subpart B--Urine Specimens
2.1 What type of specimen may be collected?
2.2 Under what circumstances may a urine specimen be collected?
2.3 How is each urine specimen collected?
2.4 What volume of urine is collected?

[[Page 68410]]

2.5 How does the collector split the urine specimen?
2.6 When may an entity or individual release a urine specimen?
Subpart C--Urine Specimen Tests
3.1 Which tests are conducted on a urine specimen?
3.2 May a specimen be tested for drugs other than those in the drug 
testing panel?
3.3 May a specimen be tested for biomarkers other than those in the 
biomarker testing panel?
3.4 May any of the specimens be used for other purposes?
3.5 What are the drug and biomarker test analytes and cutoffs for 
urine?
3.6 May an HHS-certified laboratory perform additional drug and/or 
specimen validity tests on a specimen at the request of the Medical 
Review Officer (MRO)?
3.7 What criteria are used to report a urine specimen as 
adulterated?
3.8 What criteria are used to report a urine specimen as 
substituted?
3.9 What criteria are used to report a urine specimen as dilute?
3.10 What criteria are used to report an invalid result for a urine 
specimen?
Subpart D--Collectors
4.1 Who may collect a urine specimen?
4.2 Who may not collect a specimen?
4.3 What are the requirements to be a collector?
4.4 What are the requirements to be an observer for a direct 
observed collection?
4.5 What are the requirements to be a trainer for collectors?
4.6 What must a Federal agency do before a collector is permitted to 
collect a specimen?
Subpart E--Collection Sites
5.1 Where can a collection for a drug test take place?
5.2 What are the requirements for a collection site?
5.3 Where must collection site records be stored?
5.4 How long must collection site records be stored?
5.5 How does the collector ensure the security and integrity of a 
specimen at the collection site?
5.6 What are the privacy requirements when collecting a urine 
specimen?
Subpart F--Federal Drug Testing Custody and Control Form
6.1 What Federal form is used to document custody and control?
6.2 What happens if the correct OMB-approved Federal CCF is not 
available or is not used?
Subpart G--Urine Specimen Collection Containers and Bottles
7.1 What is used to collect a urine specimen?
7.2 What are the requirements for a urine collection container and 
specimen bottles?
7.3 What are the minimum performance requirements for a urine 
collection container and specimen bottles?
Subpart H--Urine Specimen Collection Procedure
8.1 What privacy must the donor be given when providing a urine 
specimen?
8.2 What must the collector ensure at the collection site before 
starting a urine specimen collection?
8.3 What are the preliminary steps in the urine specimen collection 
procedure?
8.4 What steps does the collector take in the collection procedure 
before the donor provides a urine specimen?
8.5 What steps does the collector take during and after the urine 
specimen collection procedure?
8.6 What procedure is used when the donor states that they are 
unable to provide a urine specimen?
8.7 If the donor is unable to provide a urine specimen, may another 
specimen type be collected for testing?
8.8 How does the collector prepare the urine specimens?
8.9 When is a direct observed collection conducted?
8.10 How is a direct observed collection conducted?
8.11 When is a monitored collection conducted?
8.12 How is a monitored collection conducted?
8.13 How does the collector report a donor's refusal to test?
8.14 What are a federal agency's responsibilities for a collection 
site?
Subpart I--HHS Certification of Laboratories and IITFs
9.1 Who has the authority to certify laboratories and IITFs to test 
urine specimens for federal agencies?
9.2 What is the process for a laboratory or IITF to become HHS-
certified?
9.3 What is the process for a laboratory or IITF to maintain HHS 
certification?
9.4 What is the process when a laboratory or IITF does not maintain 
its HHS certification?
9.5 What are the qualitative and quantitative specifications of 
performance testing (PT) samples?
9.6 What are the PT requirements for an applicant laboratory that 
seeks to perform urine testing?
9.7 What are the PT requirements for an HHS-certified urine 
laboratory?
9.8 What are the PT requirements for an applicant IITF?
9.9 What are the PT requirements for an HHS-certified IITF?
9.10 What are the inspection requirements for an applicant 
laboratory or IITF?
9.11 What are the maintenance inspection requirements for an HHS-
certified laboratory or IITF?
9.12 Who can inspect an HHS-certified laboratory or IITF and when 
may the inspection be conducted?
9.13 What happens if an applicant laboratory or IITF does not 
satisfy the minimum requirements for either the PT program or the 
inspection program?
9.14 What happens if an HHS-certified laboratory or IITF does not 
satisfy the minimum requirements for either the PT program or the 
inspection program?
9.15 What factors are considered in determining whether revocation 
of a laboratory's or IITF's HHS certification is necessary?
9.16 What factors are considered in determining whether to suspend a 
laboratory's or an IITF's HHS certification?
9.17 How does the Secretary notify an HHS-certified laboratory or 
IITF that action is being taken against the laboratory or IITF?
9.18 May a laboratory or IITF that had its HHS certification revoked 
be recertified to test Federal agency specimens?
9.19 Where is the list of HHS-certified laboratories and IITFs 
published?
Subpart J--Blind Samples Submitted by an Agency
10.1 What are the requirements for Federal agencies to submit blind 
samples to HHS-certified laboratories or IITFs?
10.2 What are the requirements for blind samples?
10.3 How is a blind sample submitted to an HHS-certified laboratory 
or IITF?
10.4 What happens if an inconsistent result is reported for a blind 
sample?
Subpart K--Laboratory
11.1 What must be included in the HHS-certified laboratory's 
standard operating procedure manual?
11.2 What are the responsibilities of the responsible person (RP)?
11.3 What scientific qualifications must the RP have?
11.4 What happens when the RP is absent or leaves an HHS-certified 
laboratory?
11.5 What qualifications must an individual have to certify a result 
reported by an HHS-certified laboratory?
11.6 What qualifications and training must other personnel of an 
HHS-certified laboratory have?
11.7 What security measures must an HHS-certified laboratory 
maintain?
11.8 What are the laboratory chain of custody requirements for 
specimens and aliquots?
11.9 What test(s) does an HHS-certified laboratory conduct on a 
urine specimen received from an IITF?
11.10 What are the requirements for an initial drug test?
11.11 What must an HHS-certified laboratory do to validate an 
initial drug test?
11.12 What are the batch quality control requirements when 
conducting an initial drug test?
11.13 What are the requirements for a confirmatory drug test?
11.14 What must an HHS-certified laboratory do to validate a 
confirmatory drug test?
11.15 What are the batch quality control requirements when 
conducting a confirmatory drug test?
11.16 What are the analytical and quality control requirements for 
conducting specimen validity tests?

[[Page 68411]]

11.17 What must an HHS-certified laboratory do to validate a 
specimen validity test?
11.18 What are the requirements for conducting each specimen 
validity test?
11.19 What are the requirements for an HHS-certified laboratory to 
report a test result?
11.20 How long must an HHS-certified laboratory retain specimens?
11.21 How long must an HHS-certified laboratory retain records?
11.22 What statistical summary reports must an HHS-certified 
laboratory provide for urine testing?
11.23 What HHS-certified laboratory information is available to a 
federal agency?
11.24 What HHS-certified laboratory information is available to a 
federal applicant or employee?
11.25 What types of relationships are prohibited between an HHS-
certified laboratory and an MRO?
11.26 What type of relationship can exist between an HHS-certified 
laboratory and an HHS-certified IITF?
Subpart L--Instrumented Initial Test Facility (IITF)
12.1 What must be included in the HHS-certified IITF's standard 
operating procedure manual?
12.2 What are the responsibilities of the responsible technician 
(RT)?
12.3 What qualifications must the RT have?
12.4 What happens when the RT is absent or leaves an HHS-certified 
IITF?
12.5 What qualifications must an individual have to certify a result 
reported by an HHS-certified IITF?
12.6 What qualifications and training must other personnel of an 
HHS-certified IITF have?
12.7 What security measures must an HHS-certified IITF maintain?
12.8 What are the IITF chain of custody requirements for specimens 
and aliquots?
12.9 What are the requirements for an initial drug test?
12.10 What must an HHS-certified IITF do to validate an initial drug 
test?
12.11 What are the batch quality control requirements when 
conducting an initial drug test?
12.12 What are the analytical and quality control requirements for 
conducting specimen validity tests?
12.13 What must an HHS-certified IITF do to validate a specimen 
validity test?
12.14 What are the requirements for conducting each specimen 
validity test?
12.15 What are the requirements for an HHS-certified IITF to report 
a test result?
12.16 How does an HHS-certified IITF handle a specimen that tested 
positive, adulterated, substituted, or invalid at the IITF?
12.17 How long must an HHS-certified IITF retain a specimen?
12.18 How long must an HHS-certified IITF retain records?
12.19 What statistical summary reports must an HHS-certified IITF 
provide?
12.20 What HHS-certified IITF information is available to a federal 
agency?
12.21 What HHS-certified IITF information is available to a federal 
applicant or employee?
12.22 What types of relationships are prohibited between an HHS-
certified IITF and an MRO?
12.23 What type of relationship can exist between an HHS-certified 
IITF and an HHS-certified laboratory?
Subpart M--Medical Review Officer (MRO)
13.1 Who may serve as an MRO?
13.2 How are nationally recognized entities or subspecialty boards 
that certify MROs approved?
13.3 What training is required before a physician may serve as an 
MRO?
13.4 What are the responsibilities of an MRO?
13.5 What must an MRO do when reviewing a urine specimen's test 
results?
13.6 What action does the MRO take when the collector reports that 
the donor did not provide a sufficient amount of urine for a drug 
test?
13.7 What happens when an individual is unable to provide a 
sufficient amount of urine for a federal agency applicant/pre-
employment test, a follow-up test, or a return-to-duty test because 
of a permanent or long-term medical condition?
13.8 How does an MRO report a primary (A) specimen test result to an 
agency?
13.9 Who may request a test of a split (B) specimen?
13.10 What types of relationships are prohibited between an MRO and 
an HHS-certified laboratory or an HHS-certified IITF?
13.11 What reports must an MRO provide to the Secretary for urine 
testing?
13.12 What are a federal agency's responsibilities for designating 
an MRO?
Subpart N--Split Specimen Tests
14.1 When may a split (B) specimen be tested?
14.2 How does an HHS-certified laboratory test a split (B) specimen 
when the primary (A) specimen was reported positive?
14.3 How does an HHS-certified laboratory test a split (B) urine 
specimen when the primary (A) specimen was reported adulterated?
14.4 How does an HHS-certified laboratory test a split (B) urine 
specimen when the primary (A) specimen was reported substituted?
14.5 Who receives the split (B) specimen result?
14.6 What action(s) does an MRO take after receiving the split (B) 
urine specimen result from the second HHS-certified urine 
laboratory?
14.7 How does an MRO report a split (B) specimen test result to an 
agency?
14.8 How long must an HHS-certified laboratory retain a split (B) 
specimen?
Subpart O--Criteria for Rejecting a Specimen for Testing
15.1 What discrepancies require an HHS-certified laboratory or an 
HHS-certified IITF to report a urine specimen as rejected for 
testing?
15.2 What discrepancies require an HHS-certified laboratory or an 
HHS-certified IITF to report a specimen as rejected for testing 
unless the discrepancy is corrected?
15.3 What discrepancies are not sufficient to require an HHS-
certified laboratory or an HHS-certified IITF to reject a urine 
specimen for testing or an MRO to cancel a test?
15.4 What discrepancies may require an MRO to cancel a test?
Subpart P--Laboratory or IITF Suspension/Revocation Procedures
16.1 When may the HHS certification of a laboratory or IITF be 
suspended?
16.2 What definitions are used for this subpart?
16.3 Are there any limitations on issues subject to review?
16.4 Who represents the parties?
16.5 When must a request for informal review be submitted?
16.6 What is an abeyance agreement?
16.7 What procedures are used to prepare the review file and written 
argument?
16.8 When is there an opportunity for oral presentation?
16.9 Are there expedited procedures for review of immediate 
suspension?
16.10 Are any types of communications prohibited?
16.11 How are communications transmitted by the reviewing official?
16.12 What are the authority and responsibilities of the reviewing 
official?
16.13 What administrative records are maintained?
16.14 What are the requirements for a written decision?
16.15 Is there a review of the final administrative action?

Subpart A--Applicability

Section 1.1 To whom do these Guidelines apply?

    (a) These Guidelines apply to:
    (1) Executive agencies as defined in 5 U.S.C. 105;
    (2) The Uniformed Services, as defined in 5 U.S.C. 2101(3), but 
excluding the Armed Forces as defined in 5 U.S.C. 2101(2);
    (3) Any other employing unit or authority of the federal government 
except the United States Postal Service, the Postal Rate Commission, 
and employing units or authorities in the Judicial and Legislative 
Branches; and
    (4) The Intelligence Community, as defined by Executive Order 
12333, is subject to these Guidelines only to the extent agreed to by 
the head of the affected agency;
    (5) Laboratories and instrumented initial test facilities (IITF) 
that provide drug testing services to the federal agencies;

[[Page 68412]]

    (6) Collectors who provide specimen collection services to the 
federal agencies; and
    (7) Medical Review Officers (MRO) who provide drug testing reviews 
and interpretation of results services to the federal agencies.
    (b) These Guidelines do not apply to drug testing under authority 
other than Executive Order 12564, including testing of persons in the 
criminal justice system, such as arrestees, detainees, probationers, 
incarcerated persons, or parolees.

Section 1.2 Who is responsible for developing and implementing these 
Guidelines?

    (a) Executive Order 12564 and Public Law 100-71 require the 
Department of Health and Human Services (HHS) to establish scientific 
and technical guidelines for federal workplace drug testing programs.
    (b) The Secretary has the responsibility to implement these 
Guidelines.

Section 1.3 How does a federal agency request a change from these 
Guidelines?

    (a) Each federal agency must ensure that its workplace drug testing 
program complies with the provisions of these Guidelines unless a 
waiver has been obtained from the Secretary.
    (b) To obtain a waiver, a federal agency must submit a written 
request to the Secretary that describes the specific change for which a 
waiver is sought and a detailed justification for the change.

Section 1.4 How are these Guidelines revised?

    (a) To ensure the full reliability and accuracy of specimen tests, 
the accurate reporting of test results, and the integrity and efficacy 
of federal drug testing programs, the Secretary may make changes to 
these Guidelines to reflect improvements in the available science and 
technology.
    (b) Revisions to these Guidelines will be published in final as a 
notification in the Federal Register.

Section 1.5 What do the terms used in these Guidelines mean?

    The following definitions are adopted:
    Accessioner. The individual who signs the Federal Drug Testing 
Custody and Control Form at the time of specimen receipt at the HHS-
certified laboratory or (for urine) the HHS-certified IITF.
    Adulterated Specimen. A specimen that has been altered, as 
evidenced by test results showing either a substance that is not a 
normal constituent for that type of specimen or showing an abnormal 
concentration of a normal constituent (e.g., nitrite in urine).
    Aliquot. A portion of a specimen used for testing.
    Alternate Responsible Person. The person who assumes professional, 
organizational, educational, and administrative responsibility for the 
day-to-day management of the HHS-certified laboratory when the 
responsible person is unable to fulfill these obligations.
    Alternate Responsible Technician. The person who assumes 
professional, organizational, educational, and administrative 
responsibility for the day-to-day management of the HHS-certified IITF 
when the responsible technician is unable to fulfill these obligations.
    Alternate Technology Initial Drug Test. An initial drug test using 
technology other than immunoassay to differentiate negative specimens 
from those requiring further testing.
    Batch. A number of specimens or aliquots handled concurrently as a 
group.
    Biomarker. An endogenous substance used to validate a biological 
specimen.
    Biomarker Testing Panel. The panel published in the Federal 
Register that includes the biomarkers authorized for testing, with 
analytes and cutoffs for initial and confirmatory biomarker tests, as 
described under Section 3.5.
    Blind Sample. A sample submitted to an HHS-certified test facility 
for quality assurance purposes, with a fictitious identifier, so that 
the test facility cannot distinguish it from a donor specimen.
    Calibrator. A sample of known content and analyte concentration 
prepared in the appropriate matrix used to define expected outcomes of 
a testing procedure. The test result of the calibrator is verified to 
be within established limits prior to use.
    Cancelled Test. The result reported by the MRO to the federal 
agency when a specimen has been reported to the MRO as an invalid 
result (and the donor has no legitimate explanation) or the specimen 
has been rejected for testing, when a split specimen fails to 
reconfirm, or when the MRO determines that a fatal flaw or unrecovered 
correctable flaw exists in the forensic records (as described in 
Sections 15.1 and 15.2).
    Carryover. The effect that occurs when a sample result (e.g., drug 
concentration) is affected by a preceding sample during the preparation 
or analysis of a sample.
    Certifying Scientist (CS). The individual responsible for verifying 
the chain of custody and scientific reliability of a test result 
reported by an HHS-certified laboratory.
    Certifying Technician (CT). The individual responsible for 
verifying the chain of custody and scientific reliability of negative, 
rejected for testing, and (for urine) negative/dilute results reported 
by an HHS-certified laboratory or (for urine) an HHS-certified IITF.
    Chain of Custody (COC) Procedures. Procedures that document the 
integrity of each specimen or aliquot from the point of collection to 
final disposition.
    Chain of Custody Documents. Forms used to document the control and 
security of the specimen and all aliquots. The document may account for 
an individual specimen, aliquot, or batch of specimens/aliquots and 
must include the name and signature of each individual who handled the 
specimen(s) or aliquot(s) and the date and purpose of the handling.
    Collection Container. A receptacle used to collect a donor's drug 
test specimen.
    Collection Site. The location where specimens are collected.
    Collector. A person trained to instruct and assist a donor in 
providing a specimen.
    Confirmatory Drug Test. A second analytical procedure performed on 
a separate aliquot of a specimen to identify and quantify a specific 
drug or drug metabolite.
    Confirmatory Specimen Validity Test. A second test performed on a 
separate aliquot of a specimen to further support an initial specimen 
validity test result.
    Control. A sample used to evaluate whether an analytical procedure 
or test is operating within predefined tolerance limits.
    Cutoff. The analytical value (e.g., drug, drug metabolite, or 
biomarker concentration) used as the decision point to determine a 
result (e.g., negative, positive, adulterated, invalid, or substituted) 
or the need for further testing.
    Dilute Specimen. A urine specimen with creatinine and specific 
gravity values that are lower than expected but are still within the 
physiologically producible ranges of human urine.
    Donor. The individual from whom a specimen is collected.
    Drug Testing Panel. The panel published in the Federal Register 
that includes the drugs authorized for testing, with analytes and 
cutoffs for initial and confirmatory drug tests, as described under 
Section 3.5.
    External Service Provider. An independent entity that performs 
services related to federal workplace drug testing on behalf of a 
federal

[[Page 68413]]

agency, a collector/collection site, an HHS-certified laboratory, a 
Medical Review Officer (MRO), or (for urine) an HHS-certified 
Instrumented Initial Test Facility (IITF).
    Failed to Reconfirm. The result reported for a split (B) specimen 
when a second HHS-certified laboratory is unable to corroborate the 
result reported for the primary (A) specimen.
    Federal Drug Testing Custody and Control Form (Federal CCF). The 
Office of Management and Budget (OMB) approved form that is used to 
document the collection and chain of custody of a specimen from the 
time the specimen is collected until it is received by the test 
facility (i.e., HHS-certified laboratory or, for urine, HHS-certified 
IITF). It may be a paper (hardcopy), electronic (digital), or 
combination electronic and paper format (hybrid). The form may also be 
used to report the test result to the Medical Review Officer.
    HHS. The Department of Health and Human Services.
    Initial Drug Test. An analysis used to differentiate negative 
specimens from those requiring further testing.
    Initial Specimen Validity Test. The first analysis used to 
determine if a specimen is adulterated, invalid, substituted, or (for 
urine) dilute.
    Instrumented Initial Test Facility (IITF). A permanent location 
where (for urine) initial testing, reporting of results, and 
recordkeeping are performed under the supervision of a responsible 
technician.
    Invalid Result. The result reported by an HHS-certified laboratory 
in accordance with the criteria established in Section 3.10 when a 
positive, negative, adulterated, or substituted result cannot be 
established for a specific drug or specimen validity test.
    Laboratory. A permanent location where drug testing, reporting of 
results, and recordkeeping are performed under the supervision of a 
responsible person. In addition to certifying laboratories that conduct 
all required testing of primary (A) and split (B) specimens, HHS may 
certify a laboratory that tests split (B) specimens only and/or 
conducts additional drug or specimen validity tests for primary and 
split specimens in accordance with these Mandatory Guidelines.
    Limit of Detection (LOD). The lowest concentration at which the 
analyte (e.g., drug or drug metabolite) can be identified.
    Limit of Quantification (LOQ). For quantitative assays, the lowest 
concentration at which the identity and concentration of the analyte 
(e.g., drug or drug metabolite) can be accurately established.
    Lot. A number of units of an item (e.g., reagents, quality control 
material) manufactured from the same starting materials within a 
specified period of time for which the manufacturer ensures that the 
items have essentially the same performance characteristics and 
expiration date.
    Medical Review Officer (MRO). A licensed physician who reviews, 
verifies, and reports a specimen test result to the federal agency.
    Negative Result. The result reported by an HHS-certified laboratory 
or (for urine) an HHS-certified IITF when a specimen does not contain 
the analyte of interest (i.e., drug and/or drug metabolite) or the 
concentration is less than the cutoff for the test.
    Oral Fluid Specimen. An oral fluid specimen is collected from the 
donor's oral cavity and is a combination of physiological fluids 
produced primarily by the salivary glands.
    Oxidizing Adulterant. A substance that acts alone or in combination 
with other substances to oxidize drug or drug metabolites to prevent 
the detection of the drugs or drug metabolites, or affects the reagents 
in either the initial or confirmatory drug test.
    Performance Testing (PT) Sample. A program-generated sample sent to 
a laboratory or (for urine) to an IITF to evaluate performance.
    Positive Result. The result reported by an HHS-certified laboratory 
when a specimen contains a drug or drug metabolite equal to or greater 
than the confirmatory test cutoff.
    Reconfirmed. The result reported for a split (B) specimen when the 
second HHS-certified laboratory corroborates the original result 
reported for the primary (A) specimen.
    Rejected for Testing. The result reported by an HHS-certified 
laboratory or (for urine) HHS-certified IITF when no tests are 
performed on a specimen because of a fatal flaw or an unrecovered 
correctable error (see Sections 15.1 and 15.2).
    Responsible Person (RP). The person who assumes professional, 
organizational, educational, and administrative responsibility for the 
day-to-day management of an HHS-certified laboratory.
    Responsible Technician (RT). The person who assumes professional, 
organizational, educational, and administrative responsibility for the 
day-to-day management of an HHS-certified IITF.
    Sample. A performance testing sample, calibrator or control used 
during testing, or a representative portion of a donor's specimen.
    Secretary. The Secretary of the U.S. Department of Health and Human 
Services.
    Specimen. Fluid or material collected from a donor at the 
collection site for the purpose of a drug test.
    Split Specimen Collection (for Urine). A collection in which the 
specimen collected is divided into a primary (A) specimen and a split 
(B) specimen, which are independently sealed in the presence of the 
donor.
    Standard. Reference material of known purity or a solution 
containing a reference material at a known concentration.
    Substituted Specimen. A specimen that has been submitted in place 
of the donor's specimen, as evidenced by the absence of a biomarker or 
a biomarker concentration inconsistent with that established for a 
human specimen based on testing for an HHS-authorized biomarker or (for 
urine) creatinine and specific gravity values that are outside the 
physiologically producible ranges of human urine, in accordance with 
the criteria to report a specimen as substituted in Section 3.8.

Section 1.6 What is an agency required to do to protect workplace drug 
testing records?

    Consistent with 5 U.S.C. 552a and 48 CFR 24.101 through 24.104, all 
agency contracts with laboratories, IITFs, collectors, and MROs must 
require that they comply with the Privacy Act, 5 U.S.C. 552a. In 
addition, the contracts must require compliance with employee access 
and confidentiality provisions of section 503 of Public Law 100-71. 
Each federal agency must establish a Privacy Act System of Records or 
modify an existing system or use any applicable Government-wide system 
of records to cover the records of workplace drug test results. All 
contracts and the Privacy Act System of Records must specifically 
require that workplace drug testing records be maintained and used with 
the highest regard for individual privacy.
    The Health Insurance Portability and Accountability Act of 1996 
(HIPAA) Privacy Rule (Rule), 45 CFR parts 160 and 164, subparts A and 
E, may be applicable to certain health care providers with whom a 
federal agency may contract. If a health care provider is a HIPAA 
covered entity, the provider must protect the individually identifiable 
health information it maintains in accordance with the requirements of 
the Rule, which includes not using or disclosing the information except 
as permitted by the Rule and ensuring there are reasonable

[[Page 68414]]

safeguards in place to protect the privacy of the information.

Section 1.7 What is a refusal to take a federally regulated drug test?

    (a) A donor for a federally regulated drug test has refused to take 
a federally regulated drug test when he/she:
    (1) Fails to appear for any test within a reasonable time, as 
determined by the federal agency, consistent with applicable agency 
regulations, after being directed to do so by the federal agency;
    (2) Fails to remain at the collection site until the collection 
process is complete;
    (3) Fails to provide a specimen (i.e., urine or another authorized 
specimen type) for any drug test required by these Guidelines or 
federal agency regulations;
    (4) In the case of a direct observed or monitored collection, fails 
to permit the observation or monitoring of his/her provision of a 
specimen when required as described in Sections 8.9 and 8.10;
    (5) Fails to provide a sufficient amount of urine when directed, 
and it has been determined, through a required medical evaluation, that 
there was no legitimate medical explanation for the failure as 
determined by the process described in Section 13.6;
    (6) Fails or declines to participate in an alternate specimen 
collection (e.g., oral fluid) as directed by the federal agency or 
collector (i.e., as described in Section 8.6);
    (7) Fails to undergo a medical examination or evaluation, as 
directed by the MRO as part of the verification process (i.e., Section 
13.6) or as directed by the federal agency. In the case of a federal 
agency applicant/pre-employment drug test, the donor is deemed to have 
refused to test on this basis only if the Federal agency applicant/pre-
employment test is conducted following a contingent offer of 
employment. If there was no contingent offer of employment, the MRO 
will cancel the test;
    (8) Fails to cooperate with any part of the testing process (e.g., 
refuses to empty pockets when directed by the collector, disrupts the 
collection process, fails to wash hands after being directed to do so 
by the collector, does not consent to testing or withdraws consent for 
testing);
    (9) For an observed collection, fails to follow the observer's 
instructions related to the collection process;
    (10) Brings materials to the collection site for the purpose of 
adulterating, substituting, or diluting the specimen;
    (11) Attempts to adulterate, substitute, or dilute the specimen;
    (12) Possesses or wears a device intended to subvert or interfere 
with the collection process; or
    (13) Admits to the collector or MRO that he/she has adulterated or 
substituted the specimen.

Section 1.8 What are the potential consequences for refusing to take a 
federally regulated drug test?

    (a) A refusal to take a test may result in the initiation of 
disciplinary or adverse action for a federal employee, up to and 
including removal from federal employment. An applicant's refusal to 
take a pre-employment test may result in non-selection for federal 
employment.
    (b) When a donor has refused to participate in a part of the 
collection process, including failing to appear in a reasonable time 
for any test, the collector must terminate the collection process and 
take action as described in Section 8.13. Required action includes 
immediately notifying the federal agency's designated representative by 
any means (e.g., telephone, email, or secure facsimile [fax] machine) 
that ensures that the refusal notification is immediately received and, 
if a federal CCF has been initiated, documenting the refusal on the 
federal CCF, signing and dating the federal CCF, and sending all copies 
of the federal CCF to the federal agency's designated representative.
    (c) When documenting a refusal to test during the verification 
process as described in Sections 13.4, 13.5, and 13.6, the MRO must 
complete the MRO copy of the federal CCF to include:
    (1) Checking the refusal to test box;
    (2) Providing a reason for the refusal in the remarks line; and
    (3) Signing and dating the MRO copy of the federal CCF.

Subpart B--Urine Specimens

Section 2.1 What type of specimen may be collected?

    A federal agency may collect urine and/or an alternate specimen 
type for its workplace drug testing program. Only specimen types 
authorized by Mandatory Guidelines for Federal Workplace Drug Testing 
Programs may be collected. An agency using urine must follow these 
Guidelines.

Section 2.2 Under what circumstances may a urine specimen be collected?

    A federal agency may collect a urine specimen for the following 
reasons:
    (a) Pre-employment test (i.e., for all applicants including federal 
agency employees);
    (b) Random test;
    (c) Reasonable suspicion/cause test;
    (d) Post-accident test;
    (e) Return to duty test; or
    (f) Follow-up test.

Section 2.3 How is each urine specimen collected?

    Each urine specimen is collected as a split specimen as described 
in Section 2.5.

Section 2.4 What volume of urine is collected?

    A donor is expected to provide at least 45 mL of urine for a 
specimen.

Section 2.5 How does the collector split the urine specimen?

    The collector pours at least 30 mL into a specimen bottle that is 
designated as A (primary) and then pours at least 15 mL into a specimen 
bottle that is designated as B (split).

Section 2.6 When may an entity or individual release a urine specimen?

    Entities and individuals subject to these Guidelines under Section 
1.1 may not release specimens collected pursuant to Executive Order 
12564, Public Law 100-71, and these Guidelines to donors or their 
designees. Specimens also may not be released to any other entity or 
individual unless expressly authorized by these Guidelines or by 
applicable federal law. This section does not prohibit a donor's 
request to have a split (B) specimen tested in accordance with Section 
13.9.

Subpart C--Urine Specimen Tests

Section 3.1 Which tests are conducted on a urine specimen?

    A federal agency:
    (a) Must ensure that each specimen is tested for marijuana and 
cocaine metabolites as provided in the drug testing panel described 
under Section 3.5;
    (b) Is authorized to test each specimen for other Schedule I or II 
drugs as provided in the drug testing panel;
    (c) Must ensure that the following specimen validity tests are 
conducted on each urine specimen:
    (1) Determine the creatinine concentration on every specimen;
    (2) Determine the specific gravity on every specimen for which the 
creatinine concentration is less than 20 mg/dL;
    (3) Determine the pH on every specimen; and
    (4) Perform one or more specimen validity tests for oxidizing 
adulterants on every specimen.
    (d) Is authorized to test each specimen for one or more HHS-
authorized biomarkers; and

[[Page 68415]]

    (e) May perform additional testing if a specimen exhibits abnormal 
characteristics (e.g., unusual odor or color, semi-solid 
characteristics), causes reactions or responses characteristic of an 
adulterant during initial or confirmatory drug tests (e.g., non-
recovery of internal standard, unusual response), or contains an 
unidentified substance that interferes with the confirmatory analysis.

Section 3.2 May a specimen be tested for drugs other than those in the 
drug testing panel?

    A federal agency covered by these Guidelines may test their 
workplace specimens for the drugs listed in the drug testing panel and 
any other drugs listed in Schedule I or II of the Controlled Substances 
Act subject to the procedures listed in paragraphs (a) and (b) of this 
section.
    (a) A federal agency may test a reasonable suspicion or post-
accident specimen for additional Schedule I or II drugs not listed in 
the drug testing panel on a case-by-case basis. The agency must request 
the HHS-certified laboratory to test for the additional drug, include a 
justification to test a specific specimen for the drug, and ensure that 
the HHS-certified laboratory has the capability to test for the drug 
and has established properly validated initial and confirmatory 
analytical methods. If an initial test procedure is not available upon 
request for a suspected Schedule I or Schedule II drug, the federal 
agency can request an HHS-certified laboratory to test for the drug by 
analyzing two separate aliquots of the specimen in two separate testing 
batches using the confirmatory analytical method. Additionally, the 
split (B) specimen will be available for testing if the donor requests 
a retest at another HHS-certified laboratory.
    (b) A federal agency must petition the Secretary in writing for 
approval to routinely test for any drug not listed in the drug testing 
panel described under Section 3.5. Such approval must be limited to the 
use of the appropriate science and technology and must not otherwise 
limit agency discretion to test for any drug tested under Section 
3.2(a).

Section 3.3 May a specimen be tested for biomarkers other than those in 
the biomarker testing panel?

    An HHS-certified laboratory or (for urine) IITF must obtain 
authorization from the Department before implementing testing for a 
biomarker for federal agency drug testing specimens. The Department may 
add the biomarker (i.e., initial and confirmatory test analytes and 
cutoffs) to the subsequent biomarker testing panel published in the 
Federal Register.
    A federal agency covered by these Guidelines may test their 
workplace specimens for any HHS-authorized biomarker routinely (see 
Section 3.1.d) or on a case-by-case basis (see Section 3.6).

Section 3.4 May any of the specimens be used for other purposes?

    (a) Specimens collected pursuant to Executive Order 12564, Public 
Law 100-71, and these Guidelines must only be tested for drugs and to 
determine their validity in accordance with subpart C of these 
Guidelines. Use of specimens by donors, their designees, or any other 
entity, for other purposes (e.g., deoxyribonucleic acid, DNA, testing) 
is prohibited unless authorized in accordance with applicable federal 
law.
    (b) These Guidelines are not intended to prohibit a federal agency 
specifically authorized by law to test a specimen for additional drugs 
in its workplace drug testing program.

Section 3.5 What are the drug and biomarker test analytes and cutoffs 
for urine?

    The Secretary publishes the drug and biomarker test analytes and 
cutoffs (i.e., the ``drug testing panel'' and ``biomarker testing 
panel'') for initial and confirmatory drug and biomarkers in the 
Federal Register.
    (a) The drug testing panel includes drugs authorized for testing in 
federal workplace drug testing programs, with the required test 
analytes and cutoffs.
    (b) The biomarker testing panel includes biomarkers authorized for 
testing in federal workplace drug testing programs, with the required 
test analytes and cutoffs.
    (c) HHS-certified IITFs, HHS-certified laboratories, and Medical 
Review Officers must use the nomenclature (i.e., analyte names and 
abbreviations) published in the Federal Register with the drug and 
biomarker testing panels to report federal workplace drug test results.

Section 3.6 May an HHS-certified laboratory perform additional drug 
and/or specimen validity tests on a specimen at the request of the 
Medical Review Officer (MRO)?

    An HHS-certified laboratory is authorized to perform additional 
drug and/or specimen validity tests on a case-by-case basis as 
necessary to provide information that the MRO would use to report a 
verified drug test result (e.g., tetrahydrocannabivarin, specimen 
validity tests). An HHS-certified laboratory is not authorized to 
routinely perform additional drug and/or specimen validity tests at the 
request of an MRO without prior authorization from the Secretary or 
designated HHS representative, with the exception of the determination 
of d,l stereoisomers of amphetamine and methamphetamine. All tests must 
meet appropriate validation and quality control requirements in 
accordance with these Guidelines.

Section 3.7 What criteria are used to report a urine specimen as 
adulterated?

    An HHS-certified laboratory reports a primary (A) specimen as 
adulterated when:
    (a) The pH is less than 4 or equal to or greater than 11 using 
either a pH meter or a colorimetric pH test for the initial test on the 
first aliquot and a pH meter for the confirmatory test on the second 
aliquot;
    (b) The nitrite concentration is equal to or greater than 500 mcg/
mL using either a nitrite colorimetric test or a general oxidant 
colorimetric test for the initial test on the first aliquot and a 
different confirmatory test (e.g., multi-wavelength spectrophotometry, 
ion chromatography, capillary electrophoresis) on the second aliquot;
    (c) The presence of chromium (VI) is verified using either a 
general oxidant colorimetric test (with an equal to or greater than 50 
mcg/mL chromium (VI)-equivalent cutoff) or a chromium (VI) colorimetric 
test (chromium (VI) concentration equal to or greater than 50 mcg/mL) 
for the initial test on the first aliquot and a different confirmatory 
test (e.g., multi-wavelength spectrophotometry, ion chromatography, 
atomic absorption spectrophotometry, capillary electrophoresis, 
inductively coupled plasma-mass spectrometry) with the chromium (VI) 
concentration equal to or greater than the LOQ of the confirmatory test 
on the second aliquot;
    (d) The presence of a halogen (e.g., chlorine from bleach, iodine, 
fluoride) is verified using either a general oxidant colorimetric test 
(with an equal to or great than 200 mcg/mL nitrite-equivalent cutoff or 
an equal to or great than 50 mcg/mL chromium (VI)-equivalent cutoff) or 
halogen colorimetric test (halogen concentration equal to or greater 
than the LOQ) for the initial test on the first aliquot and a different 
confirmatory test (e.g., multi-wavelength spectrophotometry, ion 
chromatography, inductively coupled plasma-mass spectrometry) with a 
specific halogen concentration equal to or greater than the LOQ of the 
confirmatory test on the second aliquot;

[[Page 68416]]

    (e) The presence of glutaraldehyde is verified using either an 
aldehyde test (aldehyde present) or the characteristic immunoassay 
response on one or more drug immunoassay tests for the initial test on 
the first aliquot and a different confirmatory test (e.g., GC/MS) for 
the confirmatory test with the glutaraldehyde concentration equal to or 
greater than the LOQ of the analysis on the second aliquot;
    (f) The presence of pyridine (pyridinium chlorochromate) is 
verified using either a general oxidant colorimetric test (with an 
equal to or greater than 200 mcg/mL nitrite-equivalent cutoff or an 
equal to or greater than 50 mcg/mL chromium (VI)-equivalent cutoff) or 
a chromium (VI) colorimetric test (chromium (VI) concentration equal to 
or greater than 50 mcg/mL) for the initial test on the first aliquot 
and a different confirmatory test (e.g., GC/MS) for the confirmatory 
test with the pyridine concentration equal to or greater than the LOQ 
of the analysis on the second aliquot;
    (g) The presence of a surfactant is verified by using a surfactant 
colorimetric test with an equal to or greater than 100 mcg/mL 
dodecylbenzene sulfonate-equivalent cutoff for the initial test on the 
first aliquot and a different confirmatory test (e.g., multi-wavelength 
spectrophotometry) with an equal to or greater than 100 mcg/mL 
dodecylbenzene sulfonate-equivalent cutoff on the second aliquot; or
    (h) The presence of any other adulterant not specified in 
paragraphs (b) through (g) of this section is verified using an initial 
test on the first aliquot and a different confirmatory test on the 
second aliquot.

Section 3.8 What criteria are used to report a urine specimen as 
substituted?

    An HHS-certified laboratory reports a primary (A) urine specimen as 
substituted when:
    (a) The creatinine concentration is less than 2 mg/dL on both the 
initial and confirmatory creatinine tests on two separate aliquots 
(i.e., the same colorimetric test may be used to test both aliquots) 
and the specific gravity is less than or equal to 1.0010 or equal to or 
greater than 1.0200 on both the initial and confirmatory specific 
gravity tests on two separate aliquots (i.e., a refractometer is used 
to test both aliquots), or
    (b) A biomarker is not detected or is present at a concentration 
inconsistent with that established for human urine for both the initial 
(first) test and the confirmatory (second) test on two separate 
aliquots (i.e., using the HHS-authorized test analytes and cutoffs).

Section 3.9 What criteria are used to report a urine specimen as 
dilute?

    A dilute result may be reported only in conjunction with the 
positive or negative drug test results for a specimen.
    (a) An HHS-certified laboratory or an HHS-certified IITF reports a 
primary (A) specimen as dilute when the creatinine concentration is 
greater than 5 mg/dL but less than 20 mg/dL and the specific gravity is 
equal to or greater than 1.002 but less than 1.003 on a single aliquot.
    (b) In addition, an HHS-certified laboratory reports a primary (A) 
specimen as dilute when the creatinine concentration is equal to or 
greater than 2 mg/dL but less than 20 mg/dL and the specific gravity is 
greater than 1.0010 but less than 1.0030.

Section 3.10 What criteria are used to report an invalid result for a 
urine specimen?

    An HHS-certified laboratory reports a primary (A) specimen as an 
invalid result when:
    (a) Inconsistent creatinine concentration and specific gravity 
results are obtained (i.e., the creatinine concentration is less than 2 
mg/dL on both the initial and confirmatory creatinine tests and the 
specific gravity is greater than 1.0010 but less than 1.0200 on the 
initial and/or confirmatory specific gravity test, the specific gravity 
is less than or equal to 1.0010 on both the initial and confirmatory 
specific gravity tests and the creatinine concentration is equal to or 
greater than 2 mg/dL on either or both the initial or confirmatory 
creatinine tests);
    (b) The pH is equal to or greater than 4 and less than 4.5 or equal 
to or greater than 9.5 and less than 11 using either a colorimetric pH 
test or pH meter for the initial test and a pH meter for the 
confirmatory test on two separate aliquots;
    (c) The nitrite concentration is equal to or greater than 200 mcg/
mL using a nitrite colorimetric test or equal to or greater than the 
equivalent of 200 mcg/mL nitrite using a general oxidant colorimetric 
test for both the initial (first) test and the second test or using 
either initial test and the nitrite concentration is equal to or 
greater than 200 mcg/mL but less than 500 mcg/mL for a different 
confirmatory test (e.g., multi-wavelength spectrophotometry, ion 
chromatography, capillary electrophoresis) on two separate aliquots;
    (d) The possible presence of chromium (VI) is determined using the 
same chromium (VI) colorimetric test with a cutoff equal to or greater 
than 50 mcg/mL chromium (VI) for both the initial (first) test and the 
second test on two separate aliquots;
    (e) The possible presence of a halogen (e.g., chlorine from bleach, 
iodine, fluoride) is determined using the same halogen colorimetric 
test with a cutoff equal to or greater than the LOQ for both the 
initial (first) test and the second test on two separate aliquots or 
relying on the odor of the specimen as the initial test;
    (f) The possible presence of glutaraldehyde is determined by using 
the same aldehyde test (aldehyde present) or characteristic immunoassay 
response on one or more drug immunoassay tests for both the initial 
(first) test and the second test on two separate aliquots;
    (g) The possible presence of an oxidizing adulterant is determined 
by using the same general oxidant colorimetric test (with an equal to 
or greater than 200 mcg/mL nitrite-equivalent cutoff, an equal to or 
greater than 50 mcg/mL chromium (VI)-equivalent cutoff, or a halogen 
concentration is equal to or greater than the LOQ) for both the initial 
(first) test and the second test on two separate aliquots;
    (h) The possible presence of a surfactant is determined by using 
the same surfactant colorimetric test with an equal to greater than 100 
mcg/mL dodecylbenzene sulfonate-equivalent cutoff for both the initial 
(first) test and the second test on two separate aliquots or a foam/
shake test for the initial test;
    (i) Interference occurs on the initial drug tests on two separate 
aliquots (i.e., valid initial drug test results cannot be obtained);
    (j) Interference with the confirmatory drug test occurs on two 
separate aliquots of the specimen and the laboratory is unable to 
identify the interfering substance;
    (k) The physical appearance of the specimen (e.g., viscosity) is 
such that testing the specimen may damage the laboratory's instruments;
    (l) The specimen has been tested and the appearances of the primary 
(A) and the split (B) specimens (e.g., color) are clearly different; or
    (m) A specimen validity test (i.e., other than the tests listed 
above) on two separate aliquots of the specimen indicates that the 
specimen is not valid for testing.

[[Page 68417]]

Subpart D--Collectors

Section 4.1 Who may collect a urine specimen?

    (a) A collector who has been trained to collect urine specimens in 
accordance with these Guidelines.
    (b) The immediate supervisor of a federal employee may only collect 
that employee's specimen when no other collector is available. The 
supervisor must be a trained collector.
    (c) The hiring official of an applicant may only collect that 
applicant's specimen when no other collector is available. The hiring 
official must be a trained collector.

Section 4.2 Who may not collect a specimen?

    (a) A federal agency employee who is in a testing designated 
position and subject to the federal agency drug testing rules must not 
be a collector for co-workers in the same testing pool or who work with 
that employee on a daily basis.
    (b) A donor must not collect their own drug testing specimen.
    (c) An employee working for an HHS-certified laboratory or IITF 
must not act as a collector if the employee could link the identity of 
the donor to the donor's drug test result.
    (d) To avoid a potential conflict of interest, a collector must not 
be related to the donor (e.g., spouse, ex-spouse, relative) or be a 
personal friend of the donor (e.g., fianc[eacute]e).

Section 4.3 What are the requirements to be a collector?

    (a) An individual may serve as a collector if they fulfill the 
following conditions:
    (1) Is knowledgeable about the collection procedure described in 
these Guidelines;
    (2) Is knowledgeable about any guidance provided by the federal 
agency's drug-free workplace program and additional information 
provided by the Secretary relating to the collection procedure 
described in these Guidelines;
    (3) Is trained and qualified to collect a urine specimen. Training 
must include the following:
    (i) All steps necessary to complete a urine collection;
    (ii) Completion and distribution of the federal CCF;
    (iii) Problem collections;
    (iv) Fatal flaws, correctable flaws, and how to correct problems in 
collections; and
    (v) The collector's responsibility for maintaining the integrity of 
the collection process, ensuring the privacy of the donor, ensuring the 
security of the specimen, and avoiding conduct or statements that could 
be viewed as offensive or inappropriate.
    (4) Has demonstrated proficiency in collections by completing five 
consecutive error-free mock collections.
    (i) The five mock collections must include one uneventful 
collection scenario, one insufficient specimen quantity scenario, one 
temperature out of range scenario, one scenario in which the donor 
refuses to sign the federal CCF, and one scenario in which the donor 
refuses to initial the specimen bottle tamper-evident seal.
    (ii) A qualified trainer for collectors must monitor and evaluate 
the individual being trained, in person or by a means that provides 
real-time observation and interaction between the trainer and the 
trainee, and the trainer must attest in writing that the mock 
collections are error-free.
    (b) A trained collector must complete refresher training at least 
every five years that includes the requirements in Section 4.3(a).
    (c) The collector must maintain the documentation of their training 
and provide that documentation to a federal agency when requested.
    (d) An individual may not collect specimens for a federal agency 
until the individual's training as a collector has been properly 
documented.

Section 4.4 What are the requirements to be an observer for a direct 
observed collection?

    (a) An individual may serve as an observer for a direct observed 
collection when the individual has satisfied the requirements:
    (1) Is knowledgeable about the direct observed collection procedure 
described in Section 8.9;
    (2) Is knowledgeable about any guidance provided by the federal 
agency's drug-free workplace program or additional information provided 
by the Secretary relating to the direct observed collection procedure 
described in these Guidelines;
    (3) Has received training on the following subjects:
    (i) All steps necessary to perform a direct observed collection; 
and
    (ii) The observer's responsibility for maintaining the integrity of 
the collection process, ensuring the privacy of individuals being 
tested, ensuring that the observation is done in a professional manner 
that minimizes the discomfort to the observed donor, ensuring the 
security of the specimen by maintaining visual contact with the 
collection container until it is delivered to the collector, and 
avoiding conduct or statements that could be viewed as offensive or 
inappropriate.
    (b) The sex of the observer must be the same as the donor's sex. 
The observer selection process is described in Section 8.10(b).
    (c) The observer is not required to be a trained collector.

Section 4.5 What are the requirements to be a trainer for collectors?

    (a) Individuals are considered qualified trainers for collectors 
and may train others to collect urine specimens when they have 
completed the following:
    (1) Qualified as a trained collector and regularly conducted urine 
drug test collections for a period of at least one year; or
    (2) Completed a ``train the trainer'' course given by an 
organization (e.g., manufacturer, private entity, contractor, federal 
agency).
    (b) A qualified trainer for collectors must complete refresher 
training at least every five years in accordance with the collector 
requirements in Section 4.3(a).
    (c) A qualified trainer for collectors must maintain the 
documentation of the trainer's training and provide that documentation 
to a Federal agency when requested.

Section 4.6 What must a federal agency do before a collector is 
permitted to collect a specimen?

    A federal agency must ensure the following:
    (a) The collector has satisfied the requirements described in 
Section 4.3;
    (b) The collector, who may be self-employed, or an organization 
(e.g., third party administrator that provides a collection service, 
collector training company, federal agency that employs its own 
collectors) maintains a copy of the training record(s); and
    (c) The collector has been provided the name and telephone number 
of the federal agency representative.

Subpart E--Collection Sites

Section 5.1 Where can a collection for a drug test take place?

    (a) A collection site may be a permanent or temporary facility 
located either at the work site or at a remote site.
    (b) In the event that an agency-designated collection site is not 
accessible and there is an immediate requirement to collect a urine 
specimen (e.g., an accident investigation), a public restroom may be 
used for the collection, using the procedures for a monitored 
collection described in Section 8.12.
    (c) In the event that an agency-designated collection site is not

[[Page 68418]]

accessible to a donor with a disability, another site may be used for 
the collection, using the procedures for a monitored collection 
described in Section 8.12.

Section 5.2 What are the requirements for a collection site?

    The facility used as a collection site must have the following:
    (a) Provisions to ensure donor privacy during the collection (as 
described in Section 8.1);
    (b) A suitable and clean surface area that is not accessible to the 
donor for handling the specimens and completing the required paperwork;
    (c) A secure temporary storage area to maintain specimens until the 
specimen is transferred to an HHS-certified laboratory or IITF;
    (d) A restricted access area where only authorized personnel may be 
present during the collection;
    (e) A restricted access area for the storage of collection 
supplies;
    (f) A restricted access area for the secure storage of records; and
    (g) The ability to restrict the donor access to potential diluents 
in accordance with Section 8.2.

Section 5.3 Where must collection site records be stored?

    Collection site records must be stored at a secure site designated 
by the collector or the collector's employer.

Section 5.4 How long must collection site records be stored?

    Collection site records (e.g., collector copies of the OMB-approved 
federal CCF) must be stored securely for a minimum of 2 years. The 
collection site may convert hardcopy records to electronic records for 
storage and discard the hardcopy records after 6 months.

Section 5.5 How does the collector ensure the security and integrity of 
a specimen at the collection site?

    (a) A collector must do the following to maintain the security and 
integrity of a specimen:
    (1) Not allow unauthorized personnel to enter the collection area 
during the collection procedure;
    (2) Perform only one donor collection at a time;
    (3) Restrict access to collection supplies before, during, and 
after collection;
    (4) Ensure that only the collector and the donor are allowed to 
handle the unsealed specimen;
    (5) Ensure the chain of custody process is maintained and 
documented throughout the entire collection, storage, and transport 
procedures;
    (6) Ensure that the federal CCF is completed and distributed as 
required; and
    (7) Ensure that specimens transported to an HHS-certified 
laboratory or IITF are sealed and placed in transport containers 
designed to minimize the possibility of damage during shipment (e.g., 
specimen boxes, padded mailers, or other suitable shipping container), 
and those containers are securely sealed to eliminate the possibility 
of undetected tampering;
    (b) Couriers, express carriers, and postal service personnel are 
not required to document chain of custody since specimens are sealed in 
packages that would indicate tampering during transit to the HHS-
certified laboratory or IITF.

Section 5.6 What are the privacy requirements when collecting a urine 
specimen?

    Collections must be performed at a site that provides reasonable 
privacy (as described in Section 8.1).

Subpart F--Federal Drug Testing Custody and Control Form

Section 6.1 What federal form is used to document custody and control?

    The OMB-approved federal CCF must be used to document custody and 
control of each specimen at the collection site.

Section 6.2 What happens if the correct OMB-approved federal CCF is not 
available or is not used?

    (a) The use of a non-federal CCF or an expired federal CCF is not, 
by itself, a reason for the HHS-certified laboratory or IITF to 
automatically reject the specimen for testing or for the MRO to cancel 
the test.
    (b) If the collector does not use the correct OMB-approved federal 
CCF, the collector must document that it is a federal agency specimen 
collection and provide the reason that the incorrect form was used. 
Based on the information provided by the collector, the HHS-certified 
laboratory or IITF must handle and test the specimen as a federal 
agency specimen.
    (c) If the HHS-certified laboratory, HHS-certified IITF, or MRO 
discovers that the collector used an incorrect form, the laboratory, 
IITF, or MRO must obtain a memorandum for the record from the collector 
describing the reason the incorrect form was used. If a memorandum for 
the record cannot be obtained, the laboratory or IITF reports a 
rejected for testing result to the MRO and the MRO cancels the test. 
The HHS-certified laboratory or IITF must wait at least 5 business days 
while attempting to obtain the memorandum before reporting a rejected 
for testing result to the MRO.

Subpart G--Urine Specimen Collection Containers and Bottles

Section 7.1 What is used to collect a urine specimen?

    A single-use collection container with a means (i.e., thermometer) 
to measure urine temperature and two specimen bottles must be used.

Section 7.2 What are the requirements for a urine collection container 
and specimen bottles?

    (a) The collection container, the thermometer, and the specimen 
bottles must not substantially affect the composition of drugs and/or 
metabolites in the urine specimen.
    (b) The two specimen bottles must be sealable and non-leaking, and 
must maintain the integrity of the specimen during storage and 
transport so that the specimen contained therein can be tested in an 
HHS-certified laboratory or IITF for the presence of drugs or their 
metabolites.
    (c) The two specimen bottles must be sufficiently transparent 
(e.g., translucent) to enable an objective assessment of specimen 
appearance and identification of abnormal physical characteristics 
without opening the bottle.

Section 7.3 What are the minimum performance requirements for a urine 
collection container and specimen bottles?

    (a) The collection container must be capable of holding at least 55 
mL and have a volume marking clearly noting a level of 45 mL.
    (b) One of the two specimen bottles must be capable of holding at 
least 35 mL and the other at least 20 mL, and each must have a volume 
marking clearly noting the appropriate level (30 mL for the primary 
specimen and 15 mL for the split specimen).
    (c) The thermometer may be affixed to or built into the collection 
container and must provide graduated temperature readings from 32-38 
[deg]C/90-100 [deg]F. Alternatively, the collector may use another 
technology to measure specimen temperature (e.g., thermal radiation 
scanning), providing the thermometer does not come into contact with 
the specimen.

[[Page 68419]]

Subpart H--Urine Specimen Collection Procedure

Section 8.1 What privacy must the donor be given when providing a urine 
specimen?

    The following privacy requirements apply when a donor is providing 
a urine specimen:
    (a) Only authorized personnel and the donor may be present in the 
restricted access area where the collection takes place.
    (b) The collector is not required to be the same sex as the donor. 
The sex of the observer for purposes of a direct observed collection 
(i.e., as described in Section 8.10) must be the same as the donor's 
sex. The sex of the monitor for a monitored collection (i.e., as 
described in Section 8.12) must be the same as the donor's sex, unless 
the monitor is a medical professional (e.g., nurse, doctor, physician's 
assistant, technologist, or technician licensed or certified to 
practice in the jurisdiction in which the collection takes place).
    (c) The collector must give the donor visual privacy while 
providing the specimen. The donor is allowed to provide a urine 
specimen in an enclosed stall within a multi-stall restroom or in a 
single person restroom during a monitored collection.

Section 8.2 What must the collector ensure at the collection site 
before starting a urine specimen collection?

    The collector must deter the dilution or substitution of a specimen 
at the collection site by:
    (a) Placing a toilet bluing agent in a toilet bowl or toilet tank, 
so the reservoir of water in the toilet bowl always remains blue. If no 
bluing agent is available or if the toilet has an automatic flushing 
system, the collector shall turn the water supply off to the toilet and 
flush the toilet to remove the water in the toilet when possible.
    (b) Secure other sources of water (e.g., shower or sink) in the 
enclosure where urination occurs. If the enclosure has a source of 
water that cannot be disabled or secured, a monitored collection must 
be conducted in accordance with Section 8.11.

Section 8.3 What are the preliminary steps in the urine specimen 
collection procedure?

    The collector must take the following steps before beginning a 
urine specimen collection:
    (a) If a donor fails to arrive at the collection site at the 
assigned time, the collector must follow the federal agency policy or 
contact the federal agency representative to obtain guidance on action 
to be taken.
    (b) When the donor arrives at the collection site, the collector 
should begin the collection procedure without undue delay. For example, 
the collection should not be delayed because the donor states that they 
are unable to urinate or an authorized employer or employer 
representative is late in arriving.
    (c) The collector requests the donor to present photo 
identification (e.g., driver's license; employee badge issued by the 
employer; an alternative photo identification issued by a federal, 
state, or local government agency). If the donor does not have proper 
photo identification, the collector shall contact the supervisor of the 
donor or the federal agency representative who can positively identify 
the donor. If the donor's identity cannot be established, the collector 
must not proceed with the collection.
    (d) The collector must provide identification (e.g., employee 
badge, employee list) if requested by the donor.
    (e) The collector explains the basic collection procedure to the 
donor.
    (f) The collector provides the instructions for completing the 
federal CCF for the donor's review, and informs the donor that the 
instructions are available upon request.
    (g) The collector answers any reasonable and appropriate questions 
the donor may have regarding the collection procedure.
    (h) The collector asks the donor to remove any unnecessary outer 
garments (e.g., coat, jacket) that might conceal items or substances 
that could be used to adulterate or substitute the urine specimen. The 
collector must ensure that all personal belongings (e.g., purse or 
briefcase) remain with the outer garments. The donor may retain the 
donor's wallet. The donor is not required to remove any items worn for 
faith-based or disability reasons.
    (i) The collector asks the donor to empty the donor's pockets and 
display the contents to ensure no items are present that could be used 
to adulterate or substitute the specimen.
    (1) If no items are present that can be used to adulterate, 
substitute, or dilute the specimen, the collector instructs the donor 
to return the items to their pockets and continues the collection 
procedure.
    (2) If an item is present whose purpose is to adulterate, 
substitute, or dilute the specimen (e.g., a commercial drug culture 
product or other substance for which the donor has no reasonable 
explanation), this is considered a refusal to test. The collector must 
stop the collection and report the refusal to test as described in 
Section 8.13.
    (3) If an item that could be used to adulterate, substitute, or 
dilute the specimen (e.g., common personal care products such as 
eyedrops, mouthwash, or hand sanitizer) appears to have been 
inadvertently brought to the collection site, the collector must secure 
the item and continue with the normal collection procedure.
    (4) If the donor refuses to show the collector the items in their 
pockets, this is considered a refusal to test. The collector must stop 
the collection and report the refusal to test as described in Section 
8.13.
    (j) The collector shall instruct the donor to wash and dry the 
donor's hands prior to urination. After washing the donor's hands, the 
donor must remain in the presence of the collector and must not have 
access to any water fountain, faucet, soap dispenser, cleaning agent, 
or any other materials which could be used to adulterate or substitute 
the specimen.
    (k) If the donor refuses to wash their hands when instructed by the 
collector, this is considered a ``refusal to test.'' The collector must 
stop the collection and report the refusal to test as described in 
Section 8.13.

Section 8.4 What steps does the collector take in the collection 
procedure before the donor provides a urine specimen?

    (a) The collector will provide or the donor may select a specimen 
collection container that is clean, unused, wrapped/sealed in original 
packaging and compliant with subpart G of these Guidelines. The 
specimen collection container package will be opened in view of the 
donor.
    (b) The collector instructs the donor to provide the specimen in 
the privacy of a stall or otherwise partitioned area that allows for 
individual privacy. The collector directs the donor to provide a 
specimen of at least 45 mL, to not flush the toilet, and to return with 
the specimen as soon as the donor has completed the void.
    (1) Except in the case of a direct observed collection (i.e., as 
described in Section 8.10) or a monitored collection (i.e., as 
described in Section 8.12), neither the collector nor anyone else may 
go into the room with the donor.
    (2) The collector may set a reasonable time limit for specimen 
collection.
    (c) The collector notes any unusual behavior or appearance of the 
donor on the federal CCF. If the collector detects any conduct that 
clearly indicates an attempt to tamper with a specimen (e.g., 
substitute urine in plain view or an

[[Page 68420]]

attempt to bring into the collection site an adulterant or urine 
substitute), the collector must report a refusal to test in accordance 
with Section 8.13.

Section 8.5 What steps does the collector take during and after the 
urine specimen collection procedure?

    Integrity and Identity of the Specimen. The collector must take the 
following steps during and after the donor provides the urine specimen:
    (a) The collector must inform the donor that, once the collection 
procedure has begun, the donor must remain at the collection site 
(i.e., in an area designated by the collector) until the collection is 
complete and that failure to follow these instructions will be reported 
as a refusal to test. This includes the wait period (i.e., up to 3 
hours) if needed to provide a sufficient specimen as described in 
Sections 8.5(f)(2) and 8.6.
    (b) After providing the specimen, the donor gives the specimen 
collection container to the collector. Both the donor and the collector 
must keep the specimen container in view at all times until the 
collector seals the specimen bottles as described in Section 8.8.
    (c) After the donor has given the specimen to the collector, 
whenever practical, the donor shall be allowed to wash the donor's 
hands and the donor may flush the toilet.
    (d) The collector must measure the temperature of the specimen 
within 4 minutes of receiving the specimen from the donor. The 
collector records on the Federal CCF whether or not the temperature is 
in the acceptable range of 32[deg]-38 [deg]C/90[deg]-100 [deg]F.
    (1) The temperature measuring device must accurately reflect the 
temperature of the specimen and not contaminate the specimen.
    (2) If the temperature of the specimen is outside the range of 
32[deg]-38 [deg]C/90[deg]-100 [deg]F, that is a reason to believe that 
the donor may have adulterated or substituted the specimen. Another 
specimen must be collected under direct observation in accordance with 
Section 8.9. The collector must forward both specimens (i.e., from the 
first and second collections) to an HHS-certified laboratory for 
testing and record a comment on the federal CCF for each specimen.
    (e) The collector must inspect the specimen to determine if there 
is any sign indicating that the specimen may not be a valid urine 
specimen (e.g., unusual color, presence of foreign objects or material, 
unusual odor).
    (1) The collector notes any unusual finding on the federal CCF. A 
specimen suspected of not being a valid urine specimen must be 
forwarded to an HHS-certified laboratory for testing.
    (2) When there is any reason to believe that a donor may have 
adulterated or substituted the specimen, another specimen must be 
obtained as soon as possible under direct observation in accordance 
with Section 8.10. The collector must forward both specimens (i.e., 
from the first and second collections) to an HHS-certified laboratory 
for testing and record a comment on the federal CCF for each specimen.
    (f) The collector must determine the volume of urine in the 
specimen container. The collector must never combine urine collected 
from separate voids to create a specimen.
    (1) If the volume is at least 45 mL, the collector will proceed 
with steps described in Section 8.8.
    (2) If the volume is less than 45 mL, the collector discards the 
specimen and immediately collects a second specimen using the same 
procedures as for the first specimen (including steps in Section 8.5(c) 
and (d)).
    (i) The collector may give the donor a reasonable amount of liquid 
to drink for this purpose (e.g., an 8 ounce glass of water every 30 
minutes, but not to exceed a maximum of 40 ounces over a period of 3 
hours or until the donor has provided a sufficient urine specimen). 
However, the donor is not required to drink any fluids during this 
waiting time.
    (ii) If the donor provides a sufficient urine specimen (i.e., at 
least 45 mL), the collector proceeds with steps described in Section 
8.8.
    (iii) If the donor has not provided a sufficient specimen (i.e., at 
least 45 mL) within three hours of the first unsuccessful attempt to 
provide the specimen, the collector records the reason for not 
collecting a urine specimen on the federal CCF, notifies the federal 
agency's designated representative for authorization to collect an 
alternate specimen, and sends the appropriate copies of the federal CCF 
to the MRO and to the federal agency's designated representative. The 
federal agency may choose to provide the collection site with a 
standard protocol to follow in lieu of requiring the collector to 
notify the agency's designated representative for authorization in each 
case. If an alternate specimen is authorized, the collector may begin 
the collection procedure for the alternate specimen (see Section 8.7) 
in accordance with the Mandatory Guidelines for Federal Workplace Drug 
Testing Programs using the alternate specimen.
    (g) If the donor fails to remain present through the completion of 
the collection, declines to have a direct observed collection as 
required in Section 8.5(d)(2) or (e)(2), refuses to provide a second 
specimen as required in Section 8.5(f)(2), or refuses to provide an 
alternate specimen as authorized in Section 8.5(f)(2)(iii), the 
collector stops the collection and reports the refusal to test in 
accordance with Section 8.13.

Section 8.6 What procedure is used when the donor states that they are 
unable to provide a urine specimen?

    (a) If the donor states that they are unable to provide a urine 
specimen during the collection process, the collector requests that the 
donor enter the restroom (stall) and attempt to provide a urine 
specimen.
    (b) The donor demonstrates their inability to provide a specimen 
when he or she comes out of the stall with an empty collection 
container.
    (1) If the donor states that they could provide a specimen after 
drinking some fluids, the collector gives the donor a reasonable amount 
of liquid to drink for this purpose (e.g., an 8 ounce glass of water 
every 30 minutes, but not to exceed a maximum of 40 ounces over a 
period of 3 hours or until the donor has provided a sufficient urine 
specimen). If the donor simply needs more time before attempting to 
provide a urine specimen, the donor may choose not to drink any fluids 
during the 3 hour wait time.
    (2) If the donor states that they are unable to provide a urine 
specimen, the collector records the reason for not collecting a urine 
specimen on the federal CCF, notifies the federal agency's designated 
representative for authorization to collect an alternate specimen, and 
sends the appropriate copies of the federal CCF to the MRO and to the 
federal agency's designated representative. The federal agency may 
choose to provide the collection site with a standard protocol to 
follow in lieu of requiring the collector to notify the agency's 
designated representative for authorization in each case. If an 
alternate specimen is authorized, the collector begins the collection 
procedure for the alternate specimen (see Section 8.7) in accordance 
with the Mandatory Guidelines for Federal Workplace Drug Testing 
Programs using the alternate specimen.

Section 8.7 If the donor is unable to provide a urine specimen, may 
another specimen type be collected for testing?

    Yes, if the alternate specimen type is authorized by Mandatory 
Guidelines for Federal Workplace Drug Testing

[[Page 68421]]

Programs and specifically authorized by the federal agency.

Section 8.8 How does the collector prepare the urine specimens?

    (a) All federal agency collections are to be split specimen 
collections.
    (b) The collector, in the presence of the donor, pours the urine 
from the collection container into two specimen bottles to be labeled 
``A'' and ``B''. The collector pours at least 30 mL of urine into 
Bottle A and at least 15 mL into Bottle B, and caps each bottle.
    (c) In the presence of the donor, the collector places a tamper-
evident label/seal from the federal CCF over the cap of each specimen 
bottle in a manner to ensure that any attempt to access the specimen 
prior to receipt by the laboratory will be detected. The collector 
records the date of the collection on the tamper-evident labels/seals.
    (d) The collector instructs the donor to initial the tamper-evident 
labels/seals on each specimen bottle. If the donor refuses to initial 
the labels/seals, the collector notes the refusal on the federal CCF 
and continues with the collection process.
    (e) The collector must ensure that all required information is 
included on the federal CCF.
    (f) The collector asks the donor to read and sign a statement on 
the federal CCF certifying that the specimens identified were collected 
from the donor. If the donor refuses to sign the certification 
statement, the collector notes the refusal on the federal CCF and 
continues with the collection process.
    (g) The collector signs and prints their name on the federal CCF, 
completes the federal CCF, and distributes the copies of the federal 
CCF as required.
    (h) The collector seals the specimens (A and B) in a package and, 
within 24 hours or during the next business day, sends them to the HHS-
certified laboratory or IITF that will be testing the primary (A) 
specimen.
    (i) If the specimen and federal CCF are not immediately transported 
to an HHS-certified laboratory or IITF, they must remain under direct 
control of the collector or be appropriately secured under proper 
specimen storage conditions until transported.
    (j) The collector must discard any urine left over in the 
collection container after both specimen bottles have been 
appropriately filled and sealed. There is one exception to this 
requirement: the collector may use excess urine to conduct clinical 
tests (e.g., protein, glucose) if the collection was conducted in 
conjunction with a physical examination required by federal agency 
regulation. Neither the collector nor anyone else may conduct further 
testing (such as specimen validity testing) on the excess urine.

Section 8.9 When is a direct observed collection conducted?

    A direct observed collection procedure must be conducted when:
    (a) The agency has authorized a direct observed collection because:
    (1) The donor's previous drug test result was reported by an MRO as 
positive, adulterated, or substituted; or
    (2) The HHS-certified laboratory reports to the MRO that a specimen 
is invalid, and the MRO reported to the agency that there was not a 
legitimate explanation for the result; or
    (3) The MRO reported to the agency that the primary (A) specimen 
was positive, adulterated, or substituted but the test was cancelled 
because the split (B) specimen could not be tested or the split 
specimen failed to reconfirm the primary specimen result; or
    (b) At the collection site, an immediate collection of a second 
urine specimen is required because:
    (1) The temperature of the specimen collected during a routine 
collection is outside the acceptable temperature range; or
    (2) The collector suspects that the donor has tampered with the 
specimen during a routine collection (e.g., abnormal physical 
characteristic such as unusual color and/or odor, and/or excessive 
foaming when shaken).
    (c) The collector must contact a collection site supervisor to 
review and concur in advance with any decision by the collector to 
obtain a specimen under direct observation.
    (d) If the donor declines to have a direct observed collection, the 
collector reports a refusal to test (i.e., as described in Section 
8.13).

Section 8.10 How is a direct observed collection conducted?

    (a) A direct observed collection procedure is the same as that for 
a routine collection, except an observer watches the donor urinate into 
the collection container. The observer's sex must be the same as the 
donor's sex, with no exception to this requirement.
    (b) Before an observer is selected, the collector informs the donor 
that the sex of the observer will match the donor's sex. The collector 
then selects the observer to conduct the observation.
    (i) The collector asks the donor to identify the donor's sex on the 
federal CCF and initial it.
    (ii) The donor will then be provided an observer whose sex matches 
the donor's sex.
    (iii) The collector documents the observer's name and sex on the 
federal CCF.
    (c) If there is no trained collector available of the same sex as 
the donor, the collector or collection site supervisor shall select an 
observer of the same sex as the donor who has been trained in direct 
observed specimen collection as described in Section 4.4. The observer 
may be an individual that is not a trained collector.
    (d) At the point in a routine collection where the donor enters the 
restroom with the collection container, a direct observed collection 
includes the following additional steps:
    (1) The observer enters the restroom with the donor;
    (2) The observer must directly watch the urine go from the donor's 
body into the collection container (the use of mirrors or video cameras 
is not permitted);
    (3) The observer must not touch or handle the collection container 
unless the observer is also serving as the collector;
    (4) After the donor has completed urinating into the collection 
container:
    (i) If the same person serves as the observer and collector, that 
person may receive the collection container from the donor while they 
are both in the restroom;
    (ii) If the observer is not serving as the collector, the donor and 
observer leave the restroom and the donor hands the collection 
container directly to the collector. The observer must maintain visual 
contact of the collection container until the donor hands the container 
to the collector.
    (5) The collector checks the box for an observed collection on the 
federal CCF and writes the name of the observer and the reason for an 
observed collection on the federal CCF; and
    (6) The collector then continues with the routine collection 
procedure in Section 8.3.

Section 8.11 When is a monitored collection conducted?

    (a) In the event that an agency-designated collection site is not 
available and there is an immediate requirement to collect a specimen 
(e.g., an accident investigation), a public restroom may be used for 
the collection, using the procedures for a monitored collection 
described in Section 8.12.
    (b) If the enclosure used by the donor to provide a specimen has a 
source of water that cannot be disabled or secured, a monitored 
collection must be conducted.
    (c) If the donor declines to permit a collection to be monitored 
when

[[Page 68422]]

required, the collector reports a refusal to test (i.e., as described 
in Section 8.13).

Section 8.12 How is a monitored collection conducted?

    A monitored collection is the same as that for a routine 
collection, except that a monitor accompanies the donor into the 
restroom to check for signs that the donor may be tampering with the 
specimen. The monitor remains in the restroom, but outside the stall, 
while the donor is providing the specimen. A person of the same sex as 
the donor shall serve as the monitor, unless the monitor is a medical 
professional (e.g., nurse, doctor, physician's assistant, technologist, 
or technician licensed or certified to practice in the jurisdiction in 
which the collection takes place). The same procedures used for 
selecting an observer of the appropriate sex in Section 8.10(b) must be 
used to select the monitor for the purposes of Section 8.12, unless the 
monitor is a medical professional as described above. The monitor may 
be an individual other than the collector and need not be a qualified 
collector.
    (a) The collector secures the restroom being used for the monitored 
collection so that no one except the donor and the monitor can enter 
the restroom until after the collection has been completed.
    (b) The monitor enters the restroom with the donor.
    (c) The monitor must not watch the donor urinate into the 
collection container. If the monitor hears sounds or makes other 
observations indicating an attempt by the donor to tamper with a 
specimen, there must be an additional collection under direct 
observation in accordance with Section 8.9.
    (d) The monitor must not touch or handle the collection container 
unless the monitor is also the collector.
    (e) After the donor has completed urinating into the collection 
container:
    (1) If the same person serves as the monitor and collector, that 
person may receive the collection container from the donor while they 
are both in the restroom;
    (2) If the monitor is not serving as the collector, the donor and 
monitor leave the restroom and the donor hands the collection container 
directly to the collector. The monitor must ensure that the donor takes 
the collection container directly to the collector as soon as the donor 
has exited the enclosure.
    (f) If the monitor is not serving as the collector, the collector 
writes the name of the monitor on the federal CCF.
    (g) The collector then continues with the routine collection 
procedure in Section 8.3.

Section 8.13 How does the collector report a donor's refusal to test?

    If there is a refusal to test as defined in Section 1.7, the 
collector stops the collection, discards any urine collected and 
reports the refusal to test by:
    (a) Notifying the federal agency by means (e.g., telephone, email, 
or secure fax) that ensures that the notification is immediately 
received,
    (b) Documenting the refusal to test including the reason on the 
federal CCF, and
    (c) Sending all copies of the federal CCF to the federal agency's 
designated representative.

Section 8.14 What are a federal agency's responsibilities for a 
collection site?

    (a) A federal agency must ensure that collectors and collection 
sites satisfy all requirements in subparts D, E, F, G, and H of these 
Guidelines.
    (b) A federal agency (or only one Federal agency when several 
agencies are using the same collection site) must inspect 5 percent or 
up to a maximum of 50 collection sites each year, selected randomly 
from those sites used to collect agency specimens (e.g., virtual, 
onsite, or self-evaluation).
    (c) A federal agency must investigate reported collection site 
deficiencies (e.g., specimens reported ``rejected for testing'' by an 
HHS-certified laboratory or IITF) and take appropriate action which may 
include a collection site self-assessment (i.e., using the Collection 
Site Checklist for the Collection of Urine Specimens for Federal agency 
Workplace Drug Testing Programs) or an inspection of the collection 
site. The inspections of these additional collection sites may be 
included in the 5 percent or maximum of 50 collection sites inspected 
annually.

Subpart I--HHS Certification of Laboratories and IITFs

Section 9.1 Who has the authority to certify laboratories and IITFs to 
test urine specimens for federal agencies?

    (a) The Secretary has broad discretion to take appropriate action 
to ensure the full reliability and accuracy of drug testing and 
reporting, to resolve problems related to drug testing, and to enforce 
all standards set forth in these Guidelines. The Secretary has the 
authority to issue directives to any HHS-certified laboratory or IITF, 
including suspending the use of certain analytical procedures when 
necessary to protect the integrity of the testing process; ordering any 
HHS-certified laboratory or IITF to undertake corrective actions to 
respond to material deficiencies identified by an inspection or through 
performance testing; ordering any HHS-certified laboratory or IITF to 
send specimens or specimen aliquots to another HHS-certified laboratory 
for retesting when necessary to ensure the accuracy of testing under 
these Guidelines; ordering the review of results for specimens tested 
under the Guidelines for private sector clients to the extent necessary 
to ensure the full reliability of drug testing for federal agencies; 
and ordering any other action necessary to address deficiencies in drug 
testing, analysis, specimen collection, chain of custody, reporting of 
results, or any other aspect of the certification program.
    (b) A laboratory or IITF is prohibited from stating or implying 
that it is certified by HHS under these Guidelines to test urine 
specimens for federal agencies unless it holds such certification.

Section 9.2 What is the process for a laboratory or IITF to become HHS-
certified?

    (a) A laboratory or IITF seeking HHS certification must:
    (1) Submit a completed OMB-approved application form (i.e., the 
applicant laboratory or IITF provides detailed information on both the 
administrative and analytical procedures to be used for federally 
regulated specimens);
    (2) Have its application reviewed as complete and accepted by HHS;
    (3) Successfully complete the PT challenges in 3 consecutive sets 
of initial PT samples;
    (4) Satisfy all the requirements for an initial inspection; and
    (5) Receive notification of certification from the Secretary before 
testing specimens for federal agencies.

Section 9.3 What is the process for a laboratory or IITF to maintain 
HHS certification?

    (a) To maintain HHS certification, a laboratory or IITF must:
    (1) Successfully participate in both the maintenance PT and 
inspection programs (i.e., successfully test the required quarterly 
sets of maintenance PT samples, undergo an inspection 3 months after 
being certified, and undergo maintenance inspections at a minimum of 
every 6 months thereafter);
    (2) Respond in an appropriate, timely, and complete manner to 
required corrective action requests if deficiencies are identified in 
the maintenance PT performance, during the inspections, operations, or 
reporting; and
    (3) Satisfactorily complete corrective remedial actions, and 
undergo special

[[Page 68423]]

inspection and special PT sets to maintain or restore certification 
when material deficiencies occur in either the PT program, inspection 
program, or in operations and reporting.

Section 9.4 What is the process when a laboratory or IITF does not 
maintain its HHS certification?

    (a) A laboratory or IITF that does not maintain its HHS 
certification must:
    (1) Stop testing federally regulated specimens;
    (2) Ensure the security of federally regulated specimens and 
records throughout the required storage period described in Sections 
11.20, 11.21, 12.18, and 14.8;
    (3) Ensure access to federally regulated specimens and records in 
accordance with Sections 11.23, 11.24, 12.20, and 12.21 and subpart P 
of these Guidelines; and
    (4) Follow the HHS suspension and revocation procedures when 
imposed by the Secretary, follow the HHS procedures in subpart P of 
these Guidelines that will be used for all actions associated with the 
suspension and/or revocation of HHS-certification.

Section 9.5 What are the qualitative and quantitative specifications of 
performance testing (PT) samples?

    (a) PT samples used to evaluate drug tests will be prepared using 
the following specifications:
    (1) PT samples may contain one or more of the drugs and drug 
metabolites in the drug testing panel and must satisfy one of the 
following parameters:
    (i) The concentration of a drug or metabolite will be at least 20 
percent above the initial test cutoff for the drug or drug metabolite;
    (ii) The concentration of a drug or metabolite may be as low as 40 
percent of the confirmatory test cutoff when the PT sample is 
designated as a retest sample; or
    (iii) The concentration of drug or metabolite may differ from 
Section 9.5(a)(1)(i) and (ii) for a special purpose.
    (2) A PT sample may contain an interfering substance, an 
adulterant, or other substances for special purposes, or may satisfy 
the criteria for a substituted specimen, dilute specimen, or invalid 
result.
    (3) A negative PT sample will not contain a measurable amount of a 
target analyte.
    (b) PT samples used to evaluate specimen validity tests shall 
satisfy, but are not limited to, one of the following criteria:
    (1) The nitrite concentration will be at least 20 percent above the 
cutoff;
    (2) The pH will be between 1.5 and 5.0 or between 8.5 and 12.5;
    (3) The concentration of an oxidant will be at a level sufficient 
to challenge a laboratory's ability to identify and confirm the 
oxidant;
    (4) The creatinine concentration will be between 0 and 20 mg/dL; or
    (5) The specific gravity will be less than or equal to 1.0050 or 
between 1.0170 and 1.0230.
    (c) For each PT cycle, the set of PT samples going to each HHS-
certified laboratory or IITF will vary but, within each calendar year, 
each HHS-certified laboratory or IITF will analyze essentially the same 
total set of samples.
    (d) The laboratory or IITF must (to the greatest extent possible) 
handle, test, and report a PT sample in a manner identical to that used 
for a donor specimen, unless otherwise specified.

Section 9.6 What are the PT requirements for an applicant laboratory 
that seeks to perform urine testing?

    (a) An applicant laboratory that seeks certification under these 
Guidelines to perform urine testing must satisfy the following criteria 
on three consecutive sets of PT samples:
    (1) Have no false positive results;
    (2) Correctly identify, confirm, and report at least 90 percent of 
the total drug challenges over the three sets of PT samples;
    (3) For laboratories that will test primary (A) specimens, 
correctly identify at least 80 percent of the drug challenges for each 
initial drug test over the three sets of PT samples;
    (4) For the confirmatory drug tests, correctly determine the 
concentrations (i.e., no more than <plus-minus>20 percent or <plus-
minus>2 standard deviations [whichever is larger] from the appropriate 
reference or peer group means) for at least 80 percent of the total 
drug challenges over the three sets of PT samples;
    (5) For the confirmatory drug tests, do not obtain any drug 
concentration that differs by more than <plus-minus>50 percent from the 
appropriate reference or peer group mean;
    (6) For each confirmatory drug test, correctly identify and 
determine the concentrations (i.e., no more than <plus-minus>20 percent 
or <plus-minus>2 standard deviations [whichever is larger] from the 
appropriate reference or peer group means) for at least 50 percent of 
the drug challenges for an individual drug over the three sets of PT 
samples;
    (7) Correctly identify at least 80 percent of the total specimen 
validity testing challenges over the three sets of PT samples;
    (8) Correctly identify at least 80 percent of the challenges for 
each individual specimen validity test over the three sets of PT 
samples;
    (9) For quantitative specimen validity tests, obtain quantitative 
values for at least 80 percent of the total challenges over the three 
sets of PT samples that satisfy the following criteria:
    (i) Nitrite and creatinine concentrations are no more than <plus-
minus>20 percent or <plus-minus>2 standard deviations from the 
appropriate reference or peer group mean; and
    (ii) pH values are no more than <plus-minus>0.3 pH units from the 
appropriate reference or peer group mean using a pH meter; and
    (iii) Specific gravity values are no more than <plus-minus>0.0003 
specific gravity units from the appropriate reference or peer group 
mean when the mean is less than 1.0100 and specific gravity values are 
no more than <plus-minus>0.0004 specific gravity units from the 
appropriate reference or peer group mean when the mean is equal to or 
greater than 1.0100;
    (10) Do not obtain any quantitative value on a specimen validity 
test PT sample that differs from the appropriate reference or peer 
group mean by more than <plus-minus>50 percent for nitrite and 
creatinine concentrations, <plus-minus>0.8 pH units using a pH meter, 
<plus-minus>0.0006 specific gravity units when the mean is less than 
1.0100, or <plus-minus>0.0007 specific gravity units when the mean is 
equal to or greater than 1.0100; and
    (11) Do not report any sample as adulterated with a compound that 
is not present in the sample, adulterated based on pH when the 
appropriate reference or peer group mean is within the acceptable pH 
range, substituted when the appropriate reference or peer group means 
for both creatinine and specific gravity are within the acceptable 
range, or substituted when the appropriate reference or peer group mean 
for a biomarker is within the acceptable range.
    (b) Failure to satisfy these requirements will result in the denial 
of the laboratory's application for HHS certification to perform urine 
testing.

Section 9.7 What are the PT requirements for an HHS-certified urine 
laboratory?

    (a) A laboratory certified under these Guidelines to perform urine 
testing must satisfy the following criteria on the maintenance PT 
samples:
    (1) Have no false positive results;
    (2) Correctly identify, confirm, and report at least 90 percent of 
the total drug challenges over two consecutive PT cycles;
    (3) For laboratories that test primary (A) specimens, correctly 
identify at least 80 percent of the drug challenges for

[[Page 68424]]

each initial drug test over two consecutive PT cycles;
    (4) For the confirmatory drug tests, correctly determine that the 
concentrations for at least 80 percent of the total drug challenges are 
no more than <plus-minus>20 percent or <plus-minus>2 standard 
deviations (whichever is larger) from the appropriate reference or peer 
group means over two consecutive PT cycles;
    (5) For the confirmatory drug tests, do not obtain any drug 
concentration that differs by more than <plus-minus>50 percent from the 
appropriate reference or peer group means;
    (6) For each confirmatory drug test, correctly identify and 
determine that the concentrations for at least 50 percent of the drug 
challenges for an individual drug are no more than <plus-minus>20 
percent or <plus-minus>2 standard deviations (whichever is larger) from 
the appropriate reference or peer group means over two consecutive PT 
cycles;
    (7) Correctly identify at least 80 percent of the total specimen 
validity testing challenges over two consecutive PT cycles;
    (8) Correctly identify at least 80 percent of the challenges for 
each individual specimen validity test over two consecutive PT cycles;
    (9) For quantitative specimen validity tests, obtain quantitative 
values for at least 80 percent of the total challenges over two 
consecutive PT cycles that satisfy the following criteria:
    (i) Nitrite and creatinine concentrations are no more than <plus-
minus>20 percent or <plus-minus>2 standard deviations from the 
appropriate reference or peer group mean;
    (ii) pH values are no more than <plus-minus>0.3 pH units from the 
appropriate reference or peer group mean using a pH meter; and
    (iii) Specific gravity values are no more than <plus-minus>0.0003 
specific gravity units from the appropriate reference or peer group 
mean when the mean is less than 1.0100 and specific gravity values are 
no more than <plus-minus>0.0004 specific gravity units from the 
appropriate reference or peer group mean when the mean is equal to or 
greater than 1.0100;
    (10) Do not obtain any quantitative value on a specimen validity 
test PT sample that differs from the appropriate reference or peer 
group mean by more than <plus-minus>50 percent for nitrite and 
creatinine concentrations, <plus-minus>0.8 pH units using a pH meter, 
<plus-minus>0.0006 specific gravity units when the mean is less than 
1.0100, or <plus-minus>0.0007 specific gravity units when the mean is 
equal to or greater than 1.0100; and
    (11) Do not report any PT sample as adulterated with a compound 
that is not present in the sample, adulterated based on pH when the 
appropriate reference or peer group mean is within the acceptable pH 
range, substituted when the appropriate reference or peer group means 
for both creatinine and specific gravity are within the acceptable 
range, or substituted when the appropriate reference or peer group mean 
for a biomarker is within the acceptable range.
    (b) Failure to participate in all PT cycles or to satisfy these 
requirements may result in suspension or revocation of an HHS-certified 
laboratory's certification.

Section 9.8 What are the PT requirements for an applicant IITF?

    (a) An applicant IITF that seeks certification under these 
Guidelines must satisfy the following criteria on three consecutive 
sets of PT samples:
    (1) Correctly identify at least 90 percent of the total drug 
challenges over the three sets of PT samples;
    (2) Correctly identify at least 80 percent of the drug challenges 
for each individual drug test over the three sets of PT samples;
    (3) Correctly identify at least 80 percent of the total specimen 
validity test challenges over the three sets of PT samples;
    (4) Correctly identify at least 80 percent of the challenges for 
each individual specimen validity test over the three sets of PT 
samples;
    (5) For quantitative specimen validity tests, obtain quantitative 
values for at least 80 percent of the total specimen validity test 
challenges over the three sets of PT samples that satisfy the following 
criteria:
    (i) Creatinine concentrations are no more than <plus-minus>20 
percent or <plus-minus>2 standard deviations (whichever is larger) from 
the appropriate reference or peer group mean; and
    (ii) Specific gravity values are no more than <plus-minus>0.001 
specific gravity units from the appropriate reference or peer group 
mean; and
    (6) Must not obtain any quantitative value on a specimen validity 
test PT sample that differs from the appropriate reference or peer 
group mean by more than <plus-minus>50 percent for creatinine 
concentration or <plus-minus>0.002 specific gravity units for specific 
gravity.
    (b) Failure to satisfy these requirements will result in 
disqualification.

Section 9.9 What are the PT requirements for an HHS-certified IITF?

    (a) An IITF certified under these Guidelines must satisfy the 
following criteria on the maintenance PT samples to maintain its 
certification:
    (1) Correctly identify at least 90 percent of the total drug 
challenges over two consecutive PT cycles;
    (2) Correctly identify at least 80 percent of the drug challenges 
for each individual drug test over two consecutive PT cycles;
    (3) Correctly identify at least 80 percent of the total specimen 
validity test challenges over two consecutive PT cycles;
    (4) Correctly identify at least 80 percent of the challenges for 
each individual specimen validity test over two consecutive PT cycles;
    (5) For quantitative specimen validity tests, obtain quantitative 
values for at least 80 percent of the total specimen validity test 
challenges over two consecutive PT cycles that satisfy the following 
criteria:
    (i) Creatinine concentrations are no more than <plus-minus>20 
percent or <plus-minus>2 standard deviations (whichever is larger) from 
the appropriate reference or peer group mean; and
    (ii) Specific gravity values are no more than <plus-minus>0.001 
specific gravity units from the appropriate reference or peer group 
mean; and
    (6) Must not obtain any quantitative value on a specimen validity 
test PT sample that differs from the appropriate reference or peer 
group mean by more than <plus-minus>50 percent for creatinine 
concentration, or <plus-minus>0.002 specific gravity units for specific 
gravity.
    (b) Failure to participate in all PT cycles or to satisfy these 
requirements may result in suspension or revocation of an HHS-certified 
IITF's certification.

Section 9.10 What are the inspection requirements for an applicant 
laboratory or IITF?

    (a) An applicant laboratory or IITF is inspected by a team of two 
inspectors.
    (b) Each inspector conducts an independent review and evaluation of 
all aspects of the laboratory's or IITF's testing procedures and 
facilities using an inspection checklist.

Section 9.11 What are the maintenance inspection requirements for an 
HHS-certified laboratory or IITF?

    (a) An HHS-certified laboratory or IITF must undergo an inspection 
3 months after becoming certified and at least every 6 months 
thereafter.
    (b) An HHS-certified laboratory or IITF is inspected by two or more 
inspectors. The number of inspectors is determined according to the 
number of specimens reviewed.
    (c) Each inspector conducts an independent evaluation and review of 
the HHS-certified laboratory's or IITF's procedures, records, and 
facilities using guidance provided by the Secretary.

[[Page 68425]]

    (d) To remain certified, an HHS-certified laboratory or IITF must 
continue to satisfy the minimum requirements as stated in these 
Guidelines.

Section 9.12 Who can inspect an HHS-certified laboratory or IITF and 
when may the inspection be conducted?

    (a) An individual may be selected as an inspector for the Secretary 
if they satisfy the following criteria:
    (1) Has experience and an educational background similar to that 
required for either a responsible person or a certifying scientist for 
an HHS-certified laboratory as described in subpart K of these 
Guidelines or as a responsible technician for an HHS-certified IITF as 
described in subpart L of these Guidelines;
    (2) Has read and thoroughly understands the policies and 
requirements contained in these Guidelines and in other guidance 
consistent with these Guidelines provided by the Secretary;
    (3) Submits a resume and documentation of qualifications to HHS;
    (4) Attends approved training; and
    (5) Performs acceptably as an inspector on an inspection of an HHS-
certified laboratory or IITF.
    (b) The Secretary or a federal agency may conduct an inspection at 
any time.

Section 9.13 What happens if an applicant laboratory or IITF does not 
satisfy the minimum requirements for either the PT program or the 
inspection program?

    If an applicant laboratory or IITF fails to satisfy the 
requirements established for the initial certification process, the 
laboratory or IITF must start the certification process from the 
beginning.

Section 9.14 What happens if an HHS-certified laboratory or IITF does 
not satisfy the minimum requirements for either the PT program or the 
inspection program?

    (a) If an HHS-certified laboratory or IITF fails to satisfy the 
minimum requirements for certification, the laboratory or IITF is given 
a period of time (e.g., 5 or 30 working days depending on the nature of 
the deficiency) to provide any explanation for its performance and 
evidence that all deficiencies have been corrected.
    (b) A laboratory's or IITF's HHS certification may be revoked, 
suspended, or no further action taken depending on the seriousness of 
the deficiencies and whether there is evidence that the deficiencies 
have been corrected and that current performance meets the requirements 
for certification.
    (c) An HHS-certified laboratory or IITF may be required to undergo 
a special inspection or to test additional PT samples to address 
deficiencies.
    (d) If an HHS-certified laboratory's or IITF's certification is 
revoked or suspended in accordance with the process described in 
subpart P of these Guidelines, the laboratory or IITF is not permitted 
to test federally regulated specimens until the suspension is lifted or 
the laboratory or IITF has successfully completed the certification 
requirements as a new applicant laboratory or IITF.

Section 9.15 What factors are considered in determining whether 
revocation of a laboratory's or IITF's HHS certification is necessary?

    (a) The Secretary shall revoke certification of an HHS-certified 
laboratory or IITF in accordance with these Guidelines if the Secretary 
determines that revocation is necessary to ensure fully reliable and 
accurate drug and specimen validity test results and reports.
    (b) The Secretary shall consider the following factors in 
determining whether revocation is necessary:
    (1) Unsatisfactory performance in analyzing and reporting the 
results of drug and specimen validity tests (e.g., an HHS-certified 
laboratory reporting a false positive result for a drug test);
    (2) Unsatisfactory participation in performance testing or 
inspections;
    (3) A material violation of a certification standard, contract 
term, or other condition imposed on the HHS-certified laboratory or 
IITF by a federal agency using the laboratory's or IITF's services;
    (4) Conviction for any criminal offense committed as an incident to 
operation of the HHS-certified laboratory or IITF; or
    (5) Any other cause that materially affects the ability of the HHS-
certified laboratory or IITF to ensure fully reliable and accurate drug 
test results and reports.
    (c) The period and terms of revocation shall be determined by the 
Secretary and shall depend upon the facts and circumstances of the 
revocation and the need to ensure accurate and reliable drug testing.

Section 9.16 What factors are considered in determining whether to 
suspend a laboratory's or IITF's HHS certification?

    (a) The Secretary may immediately suspend (either partially or 
fully) a laboratory's or IITF's HHS certification to conduct drug 
testing for federal agencies if the Secretary has reason to believe 
that revocation may be required and that immediate action is necessary 
to protect the interests of the United States and its employees.
    (b) The Secretary shall determine the period and terms of 
suspension based upon the facts and circumstances of the suspension and 
the need to ensure accurate and reliable drug testing.

Section 9.17 How does the Secretary notify an HHS-certified laboratory 
or IITF that action is being taken against the laboratory or IITF?

    (a) When laboratory's or IITF's HHS certification is suspended or 
the Secretary seeks to revoke HHS certification, the Secretary shall 
immediately serve the HHS-certified laboratory or IITF with written 
notice of the suspension or proposed revocation by fax, mail, personal 
service, or registered or certified mail, return receipt requested. 
This notice shall state the following:
    (1) The reasons for the suspension or proposed revocation;
    (2) The terms of the suspension or proposed revocation; and
    (3) The period of suspension or proposed revocation.
    (b) The written notice shall state that the laboratory or IITF will 
be afforded an opportunity for an informal review of the suspension or 
proposed revocation if it so requests in writing within 30 days of the 
date the laboratory or IITF received the notice, or if expedited review 
is requested, within 3 days of the date the laboratory or IITF received 
the notice. Subpart P of these Guidelines contains detailed procedures 
to be followed for an informal review of the suspension or proposed 
revocation.
    (c) A suspension must be effective immediately. A proposed 
revocation must be effective 30 days after written notice is given or, 
if review is requested, upon the reviewing official's decision to 
uphold the proposed revocation. If the reviewing official decides not 
to uphold the suspension or proposed revocation, the suspension must 
terminate immediately and any proposed revocation shall not take 
effect.
    (d) The Secretary will publish in the Federal Register the name, 
address, and telephone number of any HHS-certified laboratory or IITF 
that has its certification revoked or suspended under Section 9.13 or 
9.14, respectively, and the name of any HHS-certified laboratory or 
IITF that has its suspension lifted. The Secretary shall provide to any 
member of the public upon request the written notice provided to a 
laboratory or IITF that has its HHS certification suspended or revoked, 
as well as the reviewing

[[Page 68426]]

official's written decision which upholds or denies the suspension or 
proposed revocation under the procedures of subpart P of these 
Guidelines.

Section 9.18 May a laboratory or IITF that had its HHS certification 
revoked be recertified to test Federal Agency specimens?

    Following revocation, a laboratory or IITF may apply for 
recertification. Unless otherwise provided by the Secretary in the 
notice of revocation under Section 9.17 or the reviewing official's 
decision under Section 16.9(e) or 16.14(a), a laboratory or IITF which 
has had its certification revoked may reapply for HHS certification as 
an applicant laboratory or IITF.

Section 9.19 Where is the list of HHS-certified laboratories and IITFs 
published?

    (a) The list of HHS-certified laboratories and IITFs is published 
monthly in the Federal Register.
    (b) An applicant laboratory or IITF is not included on the list.

Subpart J--Blind Samples Submitted by an Agency

Section 10.1 What are the requirements for Federal agencies to submit 
blind samples to HHS-certified laboratories or IITFs?

    (a) Each federal agency is required to submit blind samples for its 
workplace drug testing program. The collector must send the blind 
samples to the HHS-certified laboratory or IITF that the collector 
sends donor specimens.
    (b) Each federal agency must submit at least 3 percent blind 
samples along with its donor specimens based on the projected total 
number of donor specimens collected per year (up to a maximum of 400 
blind samples). Every effort should be made to ensure that blind 
samples are submitted quarterly.
    (c) Approximately 75 percent of the blind samples submitted each 
year by an agency must be negative, 15 percent must be positive for one 
or more drugs, and 10 percent must either be adulterated or 
substituted.

Section 10.2 What are the requirements for blind samples?

    (a) Drug positive blind samples must be validated by the supplier 
as to their content using appropriate initial and confirmatory tests.
    (1) Drug positive blind samples must contain one or more of the 
drugs or metabolites listed in the drug testing panel.
    (2) Drug positive blind samples must contain concentrations of 
drugs between 1.5 and 2 times the initial drug test cutoff.
    (b) Drug negative blind samples (i.e., certified to contain no 
drugs) must be validated by the supplier as negative using appropriate 
initial and confirmatory tests.
    (c) A blind sample that is adulterated must be validated using 
appropriate initial and confirmatory specimen validity tests, and have 
the characteristics to clearly show that it is an adulterated sample at 
the time of validation.
    (d) A blind sample that is substituted must be validated using 
appropriate initial and confirmatory specimen validity tests, and have 
the characteristics to clearly show that it is a substituted sample at 
the time of validation.
    (e) The supplier must provide information on the blind samples' 
content, validation, expected results, and stability to the collection 
site/collector sending the blind samples to the laboratory or IITF, and 
must provide the information upon request to the MRO, the federal 
agency for which the blind sample was submitted, or the Secretary.

Section 10.3 How is a blind sample submitted to an HHS-certified 
laboratory or IITF?

    (a) A blind sample must be submitted as a split specimen (specimens 
A and B) with the current federal CCF that the HHS-certified laboratory 
or IITF uses for donor specimens. The collector provides the required 
information to ensure that the federal CCF has been properly completed 
and provides fictitious initials on the specimen label/seal. The 
collector must indicate that the specimen is a blind sample on the MRO 
copy where a donor would normally provide a signature.
    (b) A collector should attempt to distribute the required number of 
blind samples randomly with donor specimens rather than submitting the 
full complement of blind samples as a single group.

Section 10.4 What happens if an inconsistent result is reported for a 
blind sample?

    If an HHS-certified laboratory or IITF reports a result for a blind 
sample that is inconsistent with the expected result (e.g., a 
laboratory or IITF reports a negative result for a blind sample that 
was supposed to be positive, a laboratory reports a positive result for 
a blind sample that was supposed to be negative):
    (a) The MRO must contact the laboratory or IITF and attempt to 
determine if the laboratory or IITF made an error during the testing or 
reporting of the sample;
    (b) The MRO must contact the blind sample supplier and attempt to 
determine if the supplier made an error during the preparation or 
transfer of the sample;
    (c) The MRO must contact the collector and determine if the 
collector made an error when preparing the blind sample for transfer to 
the HHS-certified laboratory or IITF;
    (d) If there is no obvious reason for the inconsistent result, the 
MRO must notify both the federal agency for which the blind sample was 
submitted and the Secretary; and
    (e) The Secretary shall investigate the blind sample error. A 
report of the Secretary's investigative findings and the corrective 
action taken in response to identified deficiencies must be sent to the 
federal agency. The Secretary shall ensure notification of the finding 
as appropriate to other federal agencies and coordinate any necessary 
actions to prevent the recurrence of the error.

Subpart K--Laboratory

Section 11.1 What must be included in the HHS-certified laboratory's 
standard operating procedure manual?

    (a) An HHS-certified laboratory must have a standard operating 
procedure (SOP) manual that describes, in detail, all HHS-certified 
laboratory operations. When followed, the SOP manual ensures that all 
specimens are tested using the same procedures.
    (b) The SOP manual must include at a minimum, but is not limited 
to, a detailed description of the following:
    (1) Chain of custody procedures;
    (2) Accessioning;
    (3) Security;
    (4) Quality control/quality assurance programs;
    (5) Analytical methods and procedures;
    (6) Equipment and maintenance programs;
    (7) Personnel training;
    (8) Reporting procedures; and
    (9) Computers, software, and laboratory information management 
systems.
    (c) All procedures in the SOP manual must be compliant with these 
Guidelines and all guidance provided by the Secretary.
    (d) A copy of all procedures that have been replaced or revised and 
the dates on which the procedures were in effect must be maintained for 
at least 2 years.

[[Page 68427]]

Section 11.2 What are the responsibilities of the responsible person 
(RP)?

    (a) Manage the day-to-day operations of the HHS-certified 
laboratory even if another individual has overall responsibility for 
alternate areas of a multi-specialty laboratory.
    (b) Ensure that there are sufficient personnel with adequate 
training and experience to supervise and conduct the work of the HHS-
certified laboratory. The RP must ensure the continued competency of 
laboratory staff by documenting their in-service training, reviewing 
their work performance, and verifying their skills.
    (c) Maintain a complete and current SOP manual that is available to 
all personnel of the HHS-certified laboratory and ensure that it is 
followed. The SOP manual must be reviewed, signed, and dated by the 
RP(s) when procedures are first placed into use and when changed or 
when a new individual assumes responsibility for the management of the 
HHS-certified laboratory. The SOP must be reviewed and documented by 
the RP annually.
    (d) Maintain a quality assurance program that ensures the proper 
performance and reporting of all test results; verify and monitor 
acceptable analytical performance for all controls and calibrators; 
monitor quality control testing; and document the validity, 
reliability, accuracy, precision, and performance characteristics of 
each test and test system.
    (e) Initiate and implement all remedial actions necessary to 
maintain satisfactory operation and performance of the HHS-certified 
laboratory in response to the following: quality control systems not 
within performance specifications; errors in result reporting or in 
analysis of performance testing samples; and inspection deficiencies. 
The RP must ensure that specimen results are not reported until all 
corrective actions have been taken and that the results provided are 
accurate and reliable.

Section 11.3 What scientific qualifications must the RP have?

    The RP must have documented scientific qualifications in analytical 
toxicology.
    Minimum qualifications are:
    (a) Certification or licensure as a laboratory director by the 
state in forensic or clinical laboratory toxicology, a Ph.D. in one of 
the natural sciences, or training and experience comparable to a Ph.D. 
in one of the natural sciences with training and laboratory/research 
experience in biology, chemistry, and pharmacology or toxicology;
    (b) Experience in forensic toxicology with emphasis on the 
collection and analysis of biological specimens for drugs of abuse;
    (c) Experience in forensic applications of analytical toxicology 
(e.g., publications, court testimony, conducting research on the 
pharmacology and toxicology of drugs of abuse) or qualify as an expert 
witness in forensic toxicology;
    (d) Fulfillment of the RP responsibilities and qualifications, as 
demonstrated by the HHS-certified laboratory's performance and verified 
upon interview by HHS-trained inspectors during each on-site 
inspection; and
    (e) Qualify as a certifying scientist.

Section 11.4 What happens when the RP is absent or leaves an HHS-
certified laboratory?

    (a) HHS-certified laboratories must have multiple RPs or one RP and 
an alternate RP. If the RP(s) are concurrently absent, an alternate RP 
must be present and qualified to fulfill the responsibilities of the 
RP.
    (1) If an HHS-certified laboratory is without the RP and alternate 
RP for 14 calendar days or less (e.g., temporary absence due to 
vacation, illness, or business trip), the HHS-certified laboratory may 
continue operations and testing of Federal agency specimens under the 
direction of a certifying scientist.
    (2) The Secretary, in accordance with these Guidelines, will 
suspend a laboratory's HHS certification for all specimens if the 
laboratory does not have an RP or alternate RP for a period of more 
than 14 calendar days. The suspension will be lifted upon the 
Secretary's approval of a new permanent RP or alternate RP.
    (b) If the RP leaves an HHS-certified laboratory:
    (1) The HHS-certified laboratory may maintain certification and 
continue testing federally regulated specimens under the direction of 
an alternate RP for a period of up to 180 days while seeking to hire 
and receive the Secretary's approval of the RP's replacement.
    (2) The Secretary, in accordance with these Guidelines, will 
suspend a laboratory's HHS certification for all federally regulated 
specimens if the laboratory does not have a permanent RP within 180 
days. The suspension will be lifted upon the Secretary's approval of 
the new permanent RP.
    (c) To nominate an individual as an RP or alternate RP, the HHS-
certified laboratory must submit the following documents to the 
Secretary: the candidate's current resume or curriculum vitae, copies 
of diplomas and licensures, a training plan (not to exceed 90 days) to 
transition the candidate into the position, an itemized comparison of 
the candidate's qualifications to the minimum RP qualifications 
described in the Guidelines, and have official academic transcript(s) 
submitted from the candidate's institution(s) of higher learning. The 
candidate must be found qualified during an on-site inspection of the 
HHS-certified laboratory.
    (d) The HHS-certified laboratory must fulfill additional inspection 
and PT criteria as required prior to conducting federally regulated 
testing under a new RP.

Section 11.5 What qualifications must an individual have to certify a 
result reported by an HHS-certified laboratory?

    (a) A certifying scientist must have:
    (1) At least a bachelor's degree in the chemical or biological 
sciences or medical technology, or equivalent;
    (2) Training and experience in the analytical methods and forensic 
procedures used by the HHS-certified laboratory relevant to the results 
that the individual certifies; and
    (3) Training and experience in reviewing and reporting forensic 
test results and maintaining chain of custody, and an understanding of 
appropriate remedial actions in response to problems that may arise.
    (b) A certifying technician must have:
    (1) Training and experience in the analytical methods and forensic 
procedures used by the HHS-certified laboratory relevant to the results 
that the individual certifies; and
    (2) Training and experience in reviewing and reporting forensic 
test results and maintaining chain of custody, and an understanding of 
appropriate remedial actions in response to problems that may arise.

Section 11.6 What qualifications and training must other personnel of 
an HHS-certified laboratory have?

    (a) All HHS-certified laboratory staff (e.g., technicians, 
administrative staff) must have the appropriate training and skills for 
the tasks they perform.
    (b) Each individual working in an HHS-certified laboratory must be 
properly trained (i.e., receive training in each area of work that the 
individual will be performing, including training in forensic 
procedures related to their job duties) before they are permitted to 
work independently with federally

[[Page 68428]]

regulated specimens. All training must be documented.

Section 11.7 What security measures must an HHS-certified laboratory 
maintain?

    (a) An HHS-certified laboratory must control access to the drug 
testing facility, specimens, aliquots, and records.
    (b) Authorized visitors must be escorted at all times, except for 
individuals conducting inspections (i.e., for the Department, a federal 
agency, a state, or other accrediting agency) or emergency personnel 
(e.g., firefighters and medical rescue teams).
    (c) An HHS-certified laboratory must maintain records documenting 
the identity of the visitor and escort, date, time of entry and exit, 
and purpose for access to the secured area.

Section 11.8 What are the laboratory chain of custody requirements for 
specimens and aliquots?

    (a) HHS-certified laboratories must use chain of custody procedures 
(internal and external) to maintain control and accountability of 
specimens from the time of receipt at the laboratory through completion 
of testing, reporting of results, during storage, and continuing until 
final disposition of the specimens.
    (b) HHS-certified laboratories must use chain of custody procedures 
to document the handling and transfer of aliquots throughout the 
testing process until final disposal.
    (c) The chain of custody must be documented using either paper copy 
or electronic procedures.
    (d) Each individual who handles a specimen or aliquot must sign and 
complete the appropriate entries on the chain of custody form when the 
specimen or aliquot is handled or transferred, and every individual in 
the chain must be identified.
    (e) The date and purpose must be recorded on an appropriate chain 
of custody form each time a specimen or aliquot is handled or 
transferred.

Section 11.9 What test(s) does an HHS-certified laboratory conduct on a 
urine specimen received from an IITF?

    An HHS-certified laboratory must test the specimen in the same 
manner as a specimen that had not been previously tested.

Section 11.10 What are the requirements for an initial drug test?

    (a) An initial drug test may be:
    (1) An immunoassay; or
    (2) An alternate technology (e.g., spectrometry, spectroscopy).
    (b) An HHS-certified laboratory must validate an initial drug test 
before testing specimens.
    (c) Initial drug tests must be accurate and reliable for the 
testing of specimens when identifying drugs or their metabolites.
    (d) An HHS-certified laboratory may conduct a second initial drug 
test using a method with different specificity, to rule out cross-
reacting compounds. This second initial drug test must satisfy the 
batch quality control requirements specified in Section 11.12.

Section 11.11 What must an HHS-certified laboratory do to validate an 
initial drug test?

    (a) An HHS-certified laboratory must demonstrate and document the 
following for each initial drug test:
    (1) The ability to differentiate negative specimens from those 
requiring further testing;
    (2) The performance of the test around the cutoff, using samples at 
several concentrations between 0 and 150 percent of the cutoff;
    (3) The effective concentration range of the test (linearity);
    (4) The potential for carryover;
    (5) The potential for interfering substances; and
    (6) The potential matrix effects if using an alternate technology.
    (b) Each new lot of reagent must be verified prior to being placed 
into service.
    (c) Each initial drug test using an alternate technology must be 
re-verified periodically or at least annually.

Section 11.12 What are the batch quality control requirements when 
conducting an initial drug test?

    (a) Each batch of specimens must contain the following controls:
    (1) At least one control certified to contain no drug or drug 
metabolite;
    (2) At least one positive control with the drug or drug metabolite 
targeted at a concentration 25 percent above the cutoff;
    (3) At least one control with the drug or drug metabolite targeted 
at a concentration 75 percent of the cutoff; and
    (4) At least one control that appears as a donor specimen to the 
analysts.
    (b) Controls must total at least 4 percent of the controls and 
specimens analyzed in each batch.

Section 11.13 What are the requirements for a confirmatory drug test?

    (a) The analytical method must use mass spectrometric 
identification (e.g., gas chromatography-mass spectrometry [GC-MS], 
liquid chromatography-mass spectrometry [LC-MS], GC-MS/MS, LC-MS/MS) or 
equivalent.
    (b) A confirmatory drug test must be validated before it can be 
used to test federally regulated specimens.
    (c) Confirmatory drug tests must be accurate and reliable for the 
testing of a urine specimen when identifying and quantifying drugs or 
their metabolites.

Section 11.14 What must an HHS-certified laboratory do to validate a 
confirmatory drug test?

    (a) An HHS-certified laboratory must demonstrate and document the 
following for each confirmatory drug test:
    (1) The linear range of the analysis;
    (2) The limit of detection;
    (3) The limit of quantification;
    (4) The accuracy and precision at the cutoff;
    (5) The accuracy (bias) and precision at 40 percent of the cutoff;
    (6) The potential for interfering substances;
    (7) The potential for carryover; and
    (8) The potential matrix effects if using liquid chromatography 
coupled with mass spectrometry.
    (b) Each new lot of reagent must be verified prior to being placed 
into service.
    (c) HHS-certified laboratories must re-verify each confirmatory 
drug test method periodically or at least annually.

Section 11.15 What are the batch quality control requirements when 
conducting a confirmatory drug test?

    (a) At a minimum, each batch of specimens must contain the 
following calibrators and controls:
    (1) A calibrator at the cutoff;
    (2) At least one control certified to contain no drug or drug 
metabolite;
    (3) At least one positive control with the drug or drug metabolite 
targeted at 25 percent above the cutoff; and
    (4) At least one control targeted at or less than 40 percent of the 
cutoff.
    (b) Calibrators and controls must total at least 10 percent of the 
aliquots analyzed in each batch.

Section 11.16 What are the analytical and quality control requirements 
for conducting specimen validity tests?

    (a) Each invalid, adulterated, or substituted specimen validity 
test result must be based on an initial specimen validity test on one 
aliquot and a confirmatory specimen validity test on a second aliquot;
    (b) The HHS-certified laboratory must establish acceptance criteria 
and analyze calibrators and controls as appropriate to verify and 
document the

[[Page 68429]]

validity of the test results (required specimen validity tests are 
addressed in Section 11.18); and
    (c) Controls must be analyzed concurrently with specimens.

Section 11.17 What must an HHS-certified laboratory do to validate a 
specimen validity test?

    An HHS-certified laboratory must demonstrate and document for each 
specimen validity test the appropriate performance characteristics of 
the test, and must re-verify the test periodically, or at least 
annually. Each new lot of reagent must be verified prior to being 
placed into service.

Section 11.18 What are the requirements for conducting urine specimen 
validity tests?

    An HHS-certified urine laboratory must perform the specimen 
validity tests specified in Section 3.1(c) and may also perform 
specimen validity tests in accordance with Section 3.1(d) and Section 
3.6.
    (a) Each invalid, adulterated, or substituted specimen validity 
test result must be based on an initial specimen validity test on one 
aliquot and a confirmatory specimen validity test on a second aliquot.
    (b) Controls must be analyzed concurrently with specimens.
    (c) The requirements for measuring creatinine concentration are as 
follows:
    (1) The creatinine concentration must be measured to one decimal 
place on both the initial creatinine test and the confirmatory 
creatinine test;
    (2) The initial creatinine test must have the following calibrators 
and controls:
    (i) A calibrator at 2 mg/dL;
    (ii) A control in the range of 1.0 mg/dL to 1.5 mg/dL;
    (iii) A control in the range of 3 mg/dL to 20 mg/dL; and
    (iv) A control in the range of 21 mg/dL to 25 mg/dL.
    (3) The confirmatory creatinine test (performed on those specimens 
with a creatinine concentration less than 2 mg/dL on the initial test) 
must have the following calibrators and controls:
    (i) A calibrator at 2 mg/dL;
    (ii) A control in the range of 1.0 mg/dL to 1.5 mg/dL; and
    (iii) A control in the range of 3 mg/dL to 4 mg/dL.
    (d) The requirements for measuring specific gravity are as follows:
    (1) For specimens with initial creatinine test results greater than 
5 mg/dL and less than 20 mg/dL, laboratories may perform a screening 
test using a refractometer that measures urine specific gravity to at 
least three decimal places to identify specific gravity values that are 
acceptable (equal to or greater than 1.003) or dilute (equal to or 
greater than 1.002 and less than 1.003). Specimens must be subjected to 
an initial specific gravity test using a four decimal place 
refractometer when the initial creatinine test result is less than or 
equal to 5 mg/dL or when the screening specific gravity test result 
using a three decimal place refractometer is less than 1.002.
    (2) The screening specific gravity test must have the following 
calibrators and controls:
    (i) A calibrator or control at 1.000;
    (ii) One control targeted at 1.002;
    (iii) One control in the range of 1.004 to 1.018.
    (3) For the initial and confirmatory specific gravity tests, the 
refractometer must report and display specific gravity to four decimal 
places. The refractometer must be interfaced with a laboratory 
information management system (LIMS), computer, and/or generate a paper 
copy of the digital electronic display to document the numerical values 
of the specific gravity test results;
    (4) The initial and confirmatory specific gravity tests must have 
the following calibrators and controls:
    (i) A calibrator or control at 1.0000;
    (ii) One control targeted at 1.0020;
    (iii) One control in the range of 1.0040 to 1.0180; and
    (iv) One control equal to or greater than 1.0200 but not greater 
than 1.0250.
    (e) Requirements for measuring pH are as follows:
    (1) Colorimetric pH tests that have the dynamic range of 3 to 12 to 
support the 4 and 11 pH cutoffs and pH meters must be capable of 
measuring pH to one decimal place. Colorimetric pH tests, dipsticks, 
and pH paper (i.e., screening tests) that have a narrow dynamic range 
and do not support the cutoffs may be used only to determine if an 
initial pH specimen validity test must be performed;
    (2) For the initial and confirmatory pH tests, the pH meter must 
report and display pH to at least one decimal place. The pH meter must 
be interfaced with a LIMS, computer, and/or generate a paper copy of 
the digital electronic display to document the numerical values of the 
pH test results;
    (3) pH screening tests must have, at a minimum, the following 
controls:
    (i) One control below the lower decision point in use;
    (ii) One control between the decision points in use; and
    (iii) One control above the upper decision point in use;
    (4) An initial colorimetric pH test must have the following 
calibrators and controls:
    (i) One calibrator at 4.0;
    (ii) One calibrator at 11.0;
    (iii) One control in the range of 3.0 to 3.8;
    (iv) One control in the range 4.2 to 5.0;
    (v) One control in the range of 5.0 to 9.5;
    (vi) One control in the range of 10.0 to 10.8; and
    (vii) One control in the range of 11.2 to 12.0;
    (5) An initial pH meter test, if a pH screening test is not used, 
must have the following calibrators and controls:
    (i) One calibrator at 3.0;
    (ii) One calibrator at 7.0;
    (iii) One calibrator at 10.0;
    (iv) One control in the range of 3.0 to 3.8;
    (v) One control in the range 4.2 to 5.0;
    (vi) One control in the range of 10.0 to 10.8; and
    (vii) One control in the range of 11.2 to 12.0;
    (6) An initial pH meter test (if a pH screening test is used) or 
confirmatory pH meter test must have the following calibrators and 
controls when the result of the preceding pH test indicates that the pH 
is below the lower decision point in use:
    (i) One calibrator at 4.0;
    (ii) One calibrator at 7.0;
    (iii) One control in the range of 3.0 to 3.8; and
    (iv) One control in the range 4.2 to 5.0; and
    (7) An initial pH meter test (if a pH screening test is used) or 
confirmatory pH meter test must have the following calibrators and 
controls when the result of the preceding pH test indicates that the pH 
is above the upper decision point in use:
    (i) One calibrator at 7.0;
    (ii) One calibrator at 10.0;
    (iii) One control in the range of 10.0 to 10.8; and
    (iv) One control in the range of 11.2 to 12.0.
    (f) Requirements for performing oxidizing adulterant tests are as 
follows:
    (1) The initial test must include an appropriate calibrator at the 
cutoff specified in Section 11.19(d)(2), (3), or (4) for the compound 
of interest, a control without the compound of interest (i.e., a 
certified negative control), and at least one control with one of the 
compounds of interest at a measurable concentration; and
    (2) A confirmatory test for a specific oxidizing adulterant must 
use a different analytical method than that used for the initial test. 
Each

[[Page 68430]]

confirmatory test batch must include an appropriate calibrator, a 
control without the compound of interest (i.e., a certified negative 
control), and a control with the compound of interest at a measurable 
concentration.
    (g) The requirements for measuring the nitrite concentration are 
that the initial and confirmatory nitrite tests must have a calibrator 
at the cutoff, a control without nitrite (i.e., certified negative 
urine), one control in the range of 200 mcg/mL to 250 mcg/mL, and one 
control in the range of 500 mcg/mL to 625 mcg/mL.
    (h) For specimen validity tests other than those above, the 
laboratory must establish acceptance criteria and analyze calibrators 
and controls as appropriate to verify and document the validity of the 
test results.

Section 11.19 What are the requirements for an HHS-certified laboratory 
to report a test result?

    (a) Laboratories must report a test result to the agency's MRO 
within an average of 5 working days after receipt of the specimen. 
Reports must use the Federal CCF and/or an electronic report, as 
described in items p and q below. Before any test result can be 
reported, it must be certified by a certifying scientist or a 
certifying technician (as appropriate).
    (b) A primary (A) specimen is reported negative when each initial 
drug test is negative or if the specimen is negative upon confirmatory 
drug testing, and the specimen does not meet invalid criteria as 
described in Section 11.19(h)(1) through (13).
    (c) A primary (A) specimen is reported positive for a specific drug 
or drug metabolite when both the initial drug test is positive and the 
confirmatory drug test is positive in accordance with the cutoffs 
listed in the drug testing panel.
    (d) A primary (A) urine specimen is reported adulterated when:
    (1) The pH is less than 4 or equal to or greater than 11 using 
either a pH meter or a colorimetric pH test for the initial test on the 
first aliquot and a pH meter for the confirmatory test on the second 
aliquot;
    (2) The nitrite concentration is equal to or greater than 500 mcg/
mL using either a nitrite colorimetric test or a general oxidant 
colorimetric test for the initial test on the first aliquot and a 
different confirmatory test (e.g., multi-wavelength spectrophotometry, 
ion chromatography, capillary electrophoresis) on the second aliquot;
    (3) The presence of chromium (VI) is verified using either a 
general oxidant colorimetric test (with an equal to or greater than 50 
mcg/mL chromium (VI)-equivalent cutoff) or a chromium (VI) colorimetric 
test (chromium (VI) concentration equal to or greater than 50 mcg/mL) 
for the initial test on the first aliquot and a different confirmatory 
test (e.g., multi-wavelength spectrophotometry, ion chromatography, 
atomic absorption spectrophotometry, capillary electrophoresis, 
inductively coupled plasma-mass spectrometry) with the chromium (VI) 
concentration equal to or greater than the LOQ of the confirmatory test 
on the second aliquot;
    (4) The presence of halogen (e.g., chlorine from bleach, iodine, 
fluoride) is verified using either a general oxidant colorimetric test 
(with an equal to or greater than 200 mcg/mL nitrite-equivalent cutoff 
or an equal to or greater than 50 mcg/mL chromium (VI)-equivalent 
cutoff) or halogen colorimetric test (halogen concentration equal to or 
greater than the LOQ) for the initial test on the first aliquot and a 
different confirmatory test (e.g., multi-wavelength spectrophotometry, 
ion chromatography, inductively coupled plasma-mass spectrometry) with 
a specific halogen concentration equal to or greater than the LOQ of 
the confirmatory test on the second aliquot;
    (5) The presence of glutaraldehyde is verified using either an 
aldehyde test (aldehyde present) or the characteristic immunoassay 
response on one or more drug immunoassay tests for the initial test on 
the first aliquot and a different confirmatory method (e.g., GC/MS) for 
the confirmatory test with the glutaraldehyde concentration equal to or 
greater than the LOQ of the analysis on the second aliquot;
    (6) The presence of pyridine (pyridinium chlorochromate) is 
verified using either a general oxidant colorimetric test (with an 
equal to or greater than 200 mcg/mL nitrite-equivalent cutoff or an 
equal to or greater than 50 mcg/mL chromium (VI)-equivalent cutoff) or 
a chromium (VI) colorimetric test (chromium (VI) concentration equal to 
or greater than 50 mcg/mL) for the initial test on the first aliquot 
and a different confirmatory method (e.g., GC/MS) for the confirmatory 
test with the pyridine concentration equal to or greater than the LOQ 
of the analysis on the second aliquot;
    (7) The presence of a surfactant is verified by using a surfactant 
colorimetric test with an equal to or greater than 100 mcg/mL 
dodecylbenzene sulfonate-equivalent cutoff for the initial test on the 
first aliquot and a different confirmatory test (e.g., multi-wavelength 
spectrophotometry) with an equal to or greater than 100 mcg/mL 
dodecylbenzene sulfonate-equivalent cutoff on the second aliquot; or
    (8) The presence of any other adulterant not specified in Section 
11.19(d)(2) through (7) is verified using an initial test on the first 
aliquot and a different confirmatory test on the second aliquot.
    (e) A primary (A) urine specimen is reported substituted when:
    (1) The creatinine concentration is less than 2 mg/dL and the 
specific gravity is less than or equal to 1.0010 or equal to or greater 
than 1.0200 on both the initial and confirmatory creatinine tests 
(i.e., the same colorimetric test may be used to test both aliquots) 
and on both the initial and confirmatory specific gravity tests (i.e., 
a refractometer is used to test both aliquots) on two separate 
aliquots; or
    (2) A biomarker is not present or is present at a concentration 
inconsistent with that established for human urine.
    (f) A primary (A) urine specimen is reported dilute when the 
creatinine concentration is equal to or greater than 2 mg/dL but less 
than 20 mg/dL and the specific gravity is greater than 1.0010 but less 
than 1.0030 on a single aliquot.
    (g) For a specimen that has an invalid result for one of the 
reasons stated in Section 11.19(h)(1) and (4) through (13), the HHS-
certified laboratory shall contact the MRO and both will decide if 
testing by another HHS-certified laboratory would be useful in being 
able to report a positive, adulterated, or substituted result. If no 
further testing is necessary, the HHS-certified laboratory then reports 
the invalid result to the MRO.
    (h) A primary (A) urine specimen is reported as an invalid result 
when:
    (1) Inconsistent creatinine concentration and specific gravity 
results are obtained (i.e., the creatinine concentration is less than 2 
mg/dL on both the initial and confirmatory creatinine tests and the 
specific gravity is greater than 1.0010 but less than 1.0200 on the 
initial and/or confirmatory specific gravity test, the specific gravity 
is less than or equal to 1.0010 on both the initial and confirmatory 
specific gravity tests and the creatinine concentration is equal to or 
greater than 2 mg/dL on either or both the initial or confirmatory 
creatinine tests). A specimen meeting these criteria may be tested for 
an HHS-authorized biomarker to determine substitution (see Section 
3.8);
    (2) The pH is equal to or greater than 4 and less than 4.5 or equal 
to or greater than 9.5 and less than 11 using either a colorimetric pH 
test or pH meter for the

[[Page 68431]]

initial test and a pH meter for the confirmatory test on two separate 
aliquots;
    (3) The nitrite concentration is equal to or greater than 200 mcg/
mL using a nitrite colorimetric test or equal to or greater than the 
equivalent of 200 mcg/mL nitrite using a general oxidant colorimetric 
test for both the initial (first) test and the second test or using 
either initial test and the nitrite concentration is equal to or 
greater than 200 mcg/mL but less than 500 mcg/mL for a different 
confirmatory test (e.g., multi-wavelength spectrophotometry, ion 
chromatography, capillary electrophoresis) on two separate aliquots;
    (4) The possible presence of chromium (VI) is determined using the 
same chromium (VI) colorimetric test with a cutoff equal to or greater 
than 50 mcg/mL chromium (VI) for both the initial (first) test and the 
second test on two separate aliquots;
    (5) The possible presence of a halogen (e.g., chlorine from bleach, 
iodine, fluoride) is determined using the same halogen colorimetric 
test with a cutoff equal to or greater than the LOQ for both the 
initial (first) test and the second test on two separate aliquots or 
relying on the odor of the specimen as the initial test;
    (6) The possible presence of glutaraldehyde is determined by using 
the same aldehyde test (aldehyde present) or characteristic immunoassay 
response on one or more drug immunoassay tests for both the initial 
(first) test and the second test on two separate aliquots;
    (7) The possible presence of an oxidizing adulterant is determined 
by using the same general oxidant colorimetric test (with an equal to 
or greater than 200 mcg/mL nitrite-equivalent cutoff, an equal to or 
greater than 50 mcg/mL chromium (VI)-equivalent cutoff, or a halogen 
concentration is equal to or greater than the LOQ) for both the initial 
(first) test and the second test on two separate aliquots;
    (8) The possible presence of a surfactant is determined by using 
the same surfactant colorimetric test with an equal to or greater than 
100 mcg/mL dodecylbenzene sulfonate-equivalent cutoff for both the 
initial (first) test and the second test on two separate aliquots or a 
foam/shake test for the initial test;
    (9) Interference occurs on the initial drug tests on two separate 
aliquots (i.e., valid initial drug test results cannot be obtained);
    (10) Interference with the confirmatory drug test occurs on at 
least two separate aliquots of the specimen and the HHS-certified 
laboratory is unable to identify the interfering substance;
    (11) The physical appearance of the specimen is such that testing 
the specimen may damage the laboratory's instruments;
    (12) The physical appearances of the A and B specimens are clearly 
different (note: A is tested); or
    (13) A specimen validity test (i.e., other than the tests listed 
above) on two separate aliquots of the specimen indicates that the 
specimen is not valid for testing.
    (i) An HHS-certified laboratory shall reject a primary (A) specimen 
for testing when a fatal flaw occurs as described in Section 15.1 or 
when a correctable flaw as described in Section 15.2 is not recovered. 
The HHS-certified laboratory will indicate on the federal CCF that the 
specimen was rejected for testing and provide the reason for reporting 
the rejected for testing result.
    (j) An HHS-certified laboratory must report all positive, 
adulterated, substituted, and invalid test results for a urine 
specimen. For example, a specimen can be positive for a drug and 
adulterated.
    (k) An HHS-certified laboratory must report the confirmatory 
concentration of each drug or drug metabolite reported for a positive 
result.
    (l) An HHS-certified laboratory must report numerical values of the 
specimen validity test results that support an adulterated, 
substituted, or invalid result (as appropriate).
    (m) An HHS-certified laboratory must report results using the HHS-
specified nomenclature published with the drug and biomarker testing 
panels.
    (n) When the concentration of a drug or drug metabolite exceeds the 
validated linear range of the confirmatory test, HHS-certified 
laboratories may report to the MRO that the quantitative value exceeds 
the linear range of the test or that the quantitative value is greater 
than ``insert the actual value for the upper limit of the linear 
range,'' or laboratories may report a quantitative value above the 
upper limit of the linear range that was obtained by diluting an 
aliquot of the specimen to achieve a result within the method's linear 
range and multiplying the result by the appropriate dilution factor.
    (o) HHS-certified laboratories may transmit test results to the MRO 
by various electronic means (e.g., fax, computer). Transmissions of the 
reports must ensure confidentiality and the results may not be reported 
verbally by telephone. Laboratories and external service providers must 
ensure the confidentiality, integrity, and availability of the data and 
limit access to any data transmission, storage, and retrieval system.
    (p) HHS-certified laboratories must fax, courier, mail, or 
electronically transmit a legible image or copy of the completed 
federal CCF and/or forward a computer-generated electronic report. The 
computer-generated report must contain sufficient information to ensure 
that the test results can accurately represent the content of the 
custody and control form that the MRO received from the collector.
    (q) For positive, adulterated, substituted, invalid, and rejected 
specimens, laboratories must fax, courier, mail, or electronically 
transmit a legible image or copy of the completed federal CCF.

Section 11.20 How long must an HHS-certified laboratory retain 
specimens?

    (a) An HHS-certified laboratory must retain specimens that were 
reported as positive, adulterated, substituted, or as an invalid result 
for a minimum of 1 year.
    (b) Retained urine specimens must be kept in secured frozen storage 
(-20 [deg]C or less) to ensure their availability for retesting during 
an administrative or judicial proceeding.
    (c) Federal agencies may request that the HHS-certified laboratory 
retain a specimen for an additional specified period of time and must 
make that request within the 1-year period following the laboratory's 
reporting of the specimen.

Section 11.21 How long must an HHS-certified laboratory retain records?

    (a) An HHS-certified laboratory must retain all records generated 
to support test results for at least 2 years. The laboratory may 
convert hardcopy records to electronic records for storage and then 
discard the hardcopy records after 6 months.
    (b) A federal agency may request the HHS-certified laboratory to 
maintain a documentation package (as described in Section 11.23) that 
supports the chain of custody, testing, and reporting of a donor's 
specimen that is under legal challenge by a donor. The federal agency's 
request to the laboratory must be in writing and must specify the 
period of time to maintain the documentation package.
    (c) An HHS-certified laboratory may retain records other than those 
included in the documentation package beyond the normal 2-year period 
of time.

[[Page 68432]]

Section 11.22 What statistical summary reports must an HHS-certified 
laboratory provide for urine testing?

    (a) HHS-certified laboratories must provide to each federal agency 
for which they perform testing a semiannual statistical summary report 
that must be submitted by mail, fax, or email within 14 working days 
after the end of the semiannual period. The summary report must not 
include any personally identifiable information. A copy of the 
semiannual statistical summary report will also be sent to the 
Secretary or designated HHS representative. The semiannual statistical 
report contains the following information:
    (1) Reporting period (inclusive dates);
    (2) HHS-certified laboratory name and address;
    (3) Federal agency name;
    (4) Number of specimen results reported;
    (5) Number of specimens collected by reason for test;
    (6) Number of specimens reported negative and the number reported 
negative/dilute;
    (7) Number of specimens rejected for testing because of a fatal 
flaw;
    (8) Number of specimens rejected for testing because of an 
uncorrected flaw;
    (9) Number of specimens tested positive by each initial drug test;
    (10) Number of specimens reported positive;
    (11) Number of specimens reported positive for each drug and drug 
metabolite;
    (12) Number of specimens reported adulterated;
    (13) Number of specimens reported substituted; and
    (14) Number of specimens reported as invalid result.
    (b) An HHS-certified laboratory must make copies of an agency's 
test results available when requested to do so by the Secretary or by 
the federal agency for which the laboratory is performing drug-testing 
services.
    (c) An HHS-certified laboratory must ensure that a qualified 
individual is available to testify in a proceeding against a Federal 
employee when the proceeding is based on a test result reported by the 
laboratory.

Section 11.23 What HHS-certified laboratory information is available to 
a federal agency?

    (a) Following a federal agency's receipt of a positive, 
adulterated, or substituted drug test report, the federal agency may 
submit a written request for copies of the records relating to the drug 
test results or a documentation package or any relevant certification, 
review, or revocation of certification records.
    (b) Standard documentation packages provided by an HHS-certified 
laboratory must contain the following items:
    (1) A cover sheet providing a brief description of the procedures 
and tests performed on the donor's specimen;
    (2) A table of contents that lists all documents and materials in 
the package by page number;
    (3) A copy of the federal CCF with any attachments, internal chain 
of custody records for the specimen, memoranda (if any) generated by 
the HHS-certified laboratory, and a copy of the electronic report (if 
any) generated by the HHS-certified laboratory;
    (4) A brief description of the HHS-certified laboratory's initial 
drug and specimen validity testing procedures, instrumentation, and 
batch quality control requirements;
    (5) Copies of the initial test data for the donor's specimen with 
all calibrators and controls and copies of all internal chain of 
custody documents related to the initial tests;
    (6) A brief description of the HHS-certified laboratory's 
confirmatory drug (and specimen validity, if applicable) testing 
procedures, instrumentation, and batch quality control requirements;
    (7) Copies of the confirmatory test data for the donor's specimen 
with all calibrators and controls and copies of all internal chain of 
custody documents related to the confirmatory tests; and
    (8) Copies of the r[eacute]sum[eacute] or curriculum vitae for the 
RP(s) and the certifying technician or certifying scientist of record.

Section 11.24 What HHS-certified laboratory information is available to 
a federal applicant or employee?

    Federal applicants or employees who are subject to a workplace drug 
test may submit a written request through the MRO and/or the federal 
agency requesting copies of any records relating to their drug test 
results or a documentation package as described in Section 11.23(b) and 
any relevant certification, review, or revocation of certification 
records. Federal applicants or employees, or their designees, are not 
permitted access to their specimens collected pursuant to Executive 
Order 12564, Public Law 100-71, and these Guidelines.

Section 11.25 What types of relationships are prohibited between an 
HHS-certified laboratory and an MRO?

    An HHS-certified laboratory must not enter into any relationship 
with a federal agency's MRO that may be construed as a potential 
conflict of interest or derive any financial benefit by having a 
federal agency use a specific MRO.
    This means an MRO may be an employee of the agency or a contractor 
for the agency; however, an MRO shall not be an employee or agent of or 
have any financial interest in the HHS-certified laboratory for which 
the MRO is reviewing drug testing results. Additionally, an MRO shall 
not derive any financial benefit by having an agency use a specific 
HHS-certified laboratory or have any agreement with an HHS-certified 
laboratory that may be construed as a potential conflict of interest.

Section 11.26 What type of relationship can exist between an HHS-
certified laboratory and an HHS-certified IITF?

    An HHS-certified laboratory can enter into any relationship with an 
HHS-certified IITF.

Subpart L--Instrumented Initial Test Facility (IITF)

Section 12.1 What must be included in the HHS-certified IITF's standard 
operating procedure manual?

    (a) An HHS-certified IITF must have a standard operating procedure 
(SOP) manual that describes, in detail, all HHS-certified IITF 
operations. When followed, the SOP manual ensures that all specimens 
are tested consistently using the same procedures.
    (b) The SOP manual must include at a minimum, but is not limited 
to, a detailed description of the following:
    (1) Chain of custody procedures;
    (2) Accessioning;
    (3) Security;
    (4) Quality control/quality assurance programs;
    (5) Analytical methods and procedures;
    (6) Equipment and maintenance programs;
    (7) Personnel training;
    (8) Reporting procedures; and
    (9) Computers, software, 

[…truncated; see source link]
Indexed from Federal Register on October 29, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.