Written By: Kimberlynn Wilson
Legal Disclaimer: Validity Screening Solutions provides this material for educational and informational purposes only, and shall not be construed as legal advice, express or implied. For questions regarding your organization’s practices and compliance with applicable laws, please consult with your legal counsel.
2026 is halfway through, and several developments in drug testing have emerged over the past few months, particularly in recent weeks. Below is a summary of recent federal and state updates that may affect drug testing programs, along with upcoming considerations for employers this summer.
Ohio’s New SUPR Program
In an effort to enhance opportunities for employers and promote safe, recovery-friendly workplaces, Ohio has revised its voluntary drug-free workplace initiative. Formerly known as the Drug-Free Safety Program (DFSP), Ohio’s Substance Use Prevention and Recovery Program (SUPR) now offers four compliance tiers, making participation more flexible and accessible for employers. Employers who participate may qualify for reimbursements and additional premium benefits upon meeting program requirements.
While testing requirements may vary depending on the compliance tier, all SUPR participants are required to adhere to the federal drug testing model, specifically regarding specimen collection and laboratory analysis. Additionally, participating employers must maintain a written substance-use policy that complies with the program’s requirements. Employee and supervisor training are also mandatory; however, certain compliance tiers are subject to more strict content and instructor requirements. Support and recovery resource obligations also differ according to the compliance tier level.
What should employers do?
- Employers are encouraged to stay informed about updates to state substance use and recovery initiatives, as many state programs are shifting toward “recovery-forward” approaches.
- Additionally, it is recommended for employers to review and update their drug testing protocols and substance use policies if necessary.
Read more here.
Federal Marijuana Rescheduling
The U.S. Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) issued a final order (“the Order”) on April 22, 2026, rescheduling FDA-approved products containing marijuana and state-licensed medical marijuana from Schedule I to Schedule III. The Order does not legalize marijuana for recreational purposes, and it does not legalize marijuana for medicinal purposes in states where it remains unlawful. Additionally, the Order does not address workplace policies governing on or off-duty use.
In a memo issued on May 15, 2026, the U.S. Department of Transportation (DOT) confirmed the DOJ’s Order does not alter federally mandated, safety-sensitive workplace regulations. The consumption of a state licensed marijuana product is not considered a “legitimate medical explanation” for a positive result on any DOT-required drug test.
The DOJ’s Order does not address drug testing procedures for non-DOT regulated employers. Furthermore, the Order does not explicitly prohibit employers from continuing to test for medical marijuana, or from maintaining zero-tolerance policies regarding possession of and on-the-job impairment due to medical marijuana. Workplace policies concerning recreational marijuana are not impacted by the Order.
What’s next?
The DOJ is scheduled to hold a hearing on June 29, 2026, to address rescheduling marijuana in its entirety to Schedule III. The hearing is expected to conclude by July 15, 2026. Employers are advised to continue monitoring developments, as broader implications may emerge if marijuana is fully rescheduled.
Read more here.
New DOT Rule Takes Effect June 10
On May 11, 2026, the DOT issued a final rule amending procedures under 49 CFR Part 40 concerning directly observed urine collection. The new rule becomes effective on June 10. In May 2023, the DOT previously issued a rule permitting oral fluid specimen testing as an alternative when a same sex observer is unavailable for directly observed urine collection. However, the implementation of the 2023 rule has faced challenges, due to the lack of certified laboratories.
As of May 2026, there are no HHS-certified laboratories authorized to process oral fluid specimens for DOT-regulated tests. To address this obstacle, the new rule establishes the following procedures for situations in which a same sex observer is unavailable for a required, directly observed urine collection.
While Oral Fluid Testing Is Unavailable:
- The collector must contact the Designated Employer Representative (DER).
- The DER can either:
- Arrange for a same sex observer to be present at current collection site; or
- Send the employer to a different collection site where a same sex observer is available
- Oral fluid testing is not required.
Once Oral Fluid Testing Is Available:
- “Available” meaning at least two HHS-certified laboratories are operating.
- If the employer has a standing order to allow oral fluid testing, the collector may proceed with conducting the oral fluid test.
- If the employer does not have a standing order, then the collector must contact the DER. The DER will either:
- Direct the collector to conduct an oral fluid test; or
- If the current collection site is unable to conduct an oral fluid test, send the employee to a different collection site where oral fluid testing is available
18-Month Grace Period:
Once HHS certifies the second oral fluid laboratory and issues a Federal Register notice, employers will have an 18-month grace period to establish their oral fluid testing programs. During this period, directly observed urine collections will continue to be permitted even in situations where oral fluid testing would typically be required. The Office of Drug & Alcohol Policy Compliance (ODAPC) will publish a separate Federal Register notice when the threshold is reached, as well as when the grace period commences and concludes.
What steps can employers take to prepare for the new rule?
- Review DER standing orders.
- Monitor the ODAPC oral fluid lab list, which can be accessed here.
- Stay alert of Federal Register notices from the ODAPC.
- Confirm your testing consortium with third-party consortium/program administrators (T/CPAs).
Please note that most DOT drug tests (pre-employment, random, and periodic) are not directly observed. The employee provides the specimen privately. Directly observed urine collections are only required under specific circumstances, as outlined in 49 CFR § 40.67.
Read more here.
Questions? Contact Us!
Our Drug Testing and Compliance teams will continue to monitor developments at the federal and state levels.
Want to learn more about how Validity can help customize your organization’s drug testing program? Reach out to a member of our Drug Testing team at drugtesting@validityscreening.com.
.
