Our response to proposed Health and Human Services hair-testing guidelines.

To our valued clients.

In mid-September, we notified you of proposed hair drug testing regulations from the Health and Human Services Administration/SAMHSA that make no sense .

Under the proposed regulations, federal agencies or companies regulated by a federal agency such as the Department of Transportation, would only be able to consider positive results on a hair test if a donor subsequently admits to using drugs. If a donor denies using drugs, the donor is given a second chance to pass a urine or oral fluid test. If they pass the second test, they are cleared for employment. Our position is that these proposed regulations remarkably and inexplicably ignore two undeniable fundamentals.

  • Drug users do not admit to drug use.
  • Anyone who fails a hair test can easily pass a subsequent urine or oral fluid test simply by temporarily stopping drug use after receiving a hair positive. However, a hair test defeats that evasion tactic as it detects usage over a period of months; urine and oral fluid only detect usage over a period of days.

Ignoring these fundamentals makes no sense.

You have the opportunity, by providing your insights and comments, to remind HHS/SAMHSA how critical hair testing is to maintain the safest workplace. Follow the link below to the public review site and click the Submit Formal Comment button as we have indicated with a red arrow in the example image. All comments must be received by November 9, and you may request a receipt after commenting as a record that your comment was received.

https://www.federalregister.gov/documents/2020/09/10/2020 16432/mandatory-guidelines-for-federal-workplace-drug-testing-programs

Like you, we are committed to drug-free workplaces as the safest workplaces, and urge you to join us in making our collective voices heard by those proposing regulations that unreasonably jeopardize our ability to achieve that very important objective.

Ray Kubacki
Chairman of the Board, President, CEO
Psychemedics Corporation

At the link below, you can download our full response.