Tim,You are quite right, SAMHSA did "have a draft out for the...

Tim,

You are quite right, SAMHSA did "have a draft out for the use of sweat, hair or saliva for federal employee testing instead of just urine".

There was a lot of discussion and debate and many public submissions on the proposal as per this summary:

Notice of Proposed Revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (69 FR 19673)

These proposed revisions, were published on April 13, 2004. They addressed alternative specimens and testing technologies applicable to the testing of Federal employees. Following a 90-day public comment period, 285 individuals or organizations submitted comments. Incorporated in these comments were over 2000 individual comments requiring review and response by HHS. These comments may be viewed on the web at http://www.workplace.samhsa.gov/DrugTesting/comments/comments.asp. Comments were received by all parties involved in Federal and Federally-mandated drug testing including: employees, unions, Federal agencies, private-sector employers, laboratories, MRO’s, and third-party administrators (TPA’s). Some of the topics that generated the most comments were shy-bladder; oral-fluid (especially the issue of whether a urine specimen is required for reporting a positive test for marijuana, and the collection of oral-fluid); hair (esp. collections and the question of environmental contamination); and point of collection tests (POCT). HHS and the DTAB are in the process of reviewing and responding to the comments for the publication of the final guidelines. Once the final guidelines are published there will be an implementation period and, perhaps, a phased effective date for different parts of the guidelines. In addition, proficiency testing and laboratory inspections must occur prior to certification of laboratories for testing alternative specimens. For POCT, devices must meet the final standards and be verified/tested by HHS prior to approval for use. Finally, the DOT would need to initiate a similar process – publication of an NPRM, review of public comments, and publication of a final rule – prior to any of these alternative specimens or technologies being utilized for the DOT-mandated testing of transportation workers.

In conclusion, the recent publication and implementation of standards for specimen validity testing is helpful for all stakeholders involved in the Federally-mandated safety-sensitive workplace and helps to ensure fair and consistent standards that protects the rights of the individual and also promotes a drug-free work environment. The upcoming standards for alternative specimens and testing technologies will likewise provide consistent standards for the utilization of these technologies.

However, the proposed changes have been withdrawn. But this was a controversial decision and is still subject to debate. Also it only affects federally employed workers and private companies that contract to federal agencies.

[This, of course, is still a big market and one that SBN (and other companies would like to see open to POC testing technologies in the future). This is one of the areas that FDA clearance is vitally important - more leverage for pushing for POC testing for federal agency employees]

It appears that most US States do their own thing and have not bound themselves to the federal restrictions. The following link provides a table that summarises the situation for around half the US States - and most have no restrictions against POC testing (including saliva):

http://www.usis.com/commercialservices/download/POCT%20Regulations.pdf

Of course, all other private sector businesses (without federal contracts) can do their own thing.

The following article provides details on SAMHSA's withdrawal of the proposed amendments and the Drug and Alcohol Testing Industry Association's on-going campaign to have them re-introduced:

"Feds Scrap Proposed Hair, Sweat, Saliva Tests For Government Workers

Washington, DC: Proposed federal regulations to allow for government employers to collect samples of employees' hair, sweat, and saliva to test for illicit drug use have been withdrawn, according to speakers at the Drug and Alcohol Testing Industry Association's (DATIA) recent (Nov 2006) regulatory summit in Washington, DC.

The proposed changes, introduced in April 2004, sought to amend drug testing guidelines for federal employees by allowing for the use of alternative biological matrices (hair, oral fluid, and sweat) to detect past drug use. Currently, federal regulations only allow government employers to use urinalysis as an indicator of past drug use. Urinalysis detects the presence of inactive drug metabolites (compounds produced from chemical changes of a psychoactive substance in the body), not the drug itself, and a positive test result -- even when confirmed -- does not indicate recent use or impairment.

Though backed by DATIA and various members of Congress, critics of the amendments questioned the reliability of alternative drug testing technologies, particularly hair and saliva testing. As acknowledged by the Substances Abuse Mental Health Services Administration (SAMHSA) -- which sets and oversees the federal drug testing guidelines -- both hair and saliva testing may be negatively impacted by environmental contamination. Hair follicle testing may also yield varying results depending on the person's race and/or hair color. Because of these potential problems, the agency initially recommended confirming alternative specimen testing with urinalysis, before recently deciding to withdraw the guidelines changes altogether.

The proposed regulations also suggested allowing federal employers to utilize automated, on-site point of collection testing (POCT) immunoassay devices in lieu of laboratory testing.

DATIA criticized SAMHSA's decision to withdraw the proposal, arguing that the federal drug testing guidelines have remained unchanged since 1988, and that alternative specimen testing is becoming "widespread" in the private workforce.

"DATIA will continue to work on alternative matrices testing as a top agenda item for our activities in Washington, DC," the group stated on its website.

About 400,000 federal employees, primarily Department of Transportation workers, are subject to workplace drug testing."