On October 17, 2023, the Substance Abuse and Mental Health Services Administration (SAMHSA), an operating division within the Department of Health and Human Services (HHS), published a notice in the Federal Register announcing that its Center for Substance Abuse Prevention’s (CSAP) Drug Testing Advisory Board (DTAB) will convene via web conference on December 5, 2023. Among other things, the Board will be discussing the Mandatory Guidelines for Federal Workplace Testing Programs and possible updates to the analyte table to include Fentanyl.
Because the Department of Transportation (DOT) must follow the HHS scientific guidelines for DOT-regulated drug testing laboratory procedures, participants in the DOT transportation industry drug testing program should be aware of this important issue that HHS is considering. Any change to the HHS analyte table may affect the DOT testing program under 49 CFR Part 40, but only after DOT conducts its own rulemaking.
SAMHSA is requesting public comment on the recommendation of adding Fentanyl/Norfentanyl (along with their proposed testing cutoffs) to its analyte table. Comments can be submitted prior to the DTAB meeting, during the DTAB meeting, and up to 30 days after the DTAB meeting, but no later than January 4, 2024. Written comments regarding the addition of Fentanyl to the HHS analyte table can be submitted via e-mail to: DFWP@samhsa.hhs.gov.
We believe that employers, employees, and testing service providers involved in the DOT testing program should be aware of this SAMHSA Federal Register document. We recommend that DOT program participants review and provide information in response to this SAMHSA request for comments, and if they have views or concerns to express, provide comment to SAMHSA.
The SAMHSA Federal Register notice can be viewed at https://www.federalregister.gov/documents/2023/10/17/2023-22797/notice-of-meeting.