Is Saliva Drug Testing Allowed for DOT Tests Yet?

A saliva drug test, called an oral fluid test in DOT rules, is authorized for DOT drug testing but cannot be used until HHS certifies at least two oral fluid laboratories. Under 49 CFR 40.210, both urine and oral fluid specimens are authorized, and only specimens screened and confirmed at HHS-certified laboratories are allowed. Under 49 CFR 40.67(g)(5), an employer can use oral fluid testing only when there are at least two HHS-certified oral fluid drug testing laboratories and a qualified oral fluid collector and a conforming collection device are available at a collection site. For employers subject to FAA rules at 14 CFR 120.123(a), the two laboratories must be located in the United States.

The HHS list of certified laboratories published in the Federal Register on November 2, 2026 (91 FR 68964) states: "At this time, there are no laboratories certified to conduct drug and specimen validity tests on oral fluid specimens." Because that status can change when HHS certifies laboratories, the most recent HHS list is the one to check. Under 40.67(g)(6), an 18-month grace period begins when HHS gives notice of a second certified oral fluid laboratory. Point-of-collection and instant oral fluid tests are not authorized.

Sources: 49 CFR 40.210, https://www.ecfr.gov/current/title-49/section-40.210; 49 CFR 40.67, https://www.ecfr.gov/current/title-49/section-40.67; 14 CFR 120.123, https://www.ecfr.gov/current/title-14/section-120.123; HHS/SAMHSA, Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities, FR Doc. 2026-22321, 91 FR 68964 (November 2, 2026), https://www.federalregister.gov/d/2026-22321.