"When can we start oral fluid testing?" It's the question we hear most. The honest answer is that it depends on a specific trigger, and once that trigger happens, a clear clock starts running.
The trigger: two HHS certified laboratories
Under Part 40, an employer can use oral fluid testing only when at least two HHS certified oral fluid laboratories exist and the collection site has both a qualified oral fluid collector and a conforming oral fluid collection device. Two labs are required because the split specimen must be tested at a different laboratory than the primary specimen.
As of this writing, no laboratory has been certified for oral fluid. The FDA's October 6, 2026 order removed a major obstacle to certification, so the industry expects movement, but there is no confirmed date.
The clock: an 18 month grace period
Once HHS gives notice that a second oral fluid laboratory has been certified, DOT's 2026 rule starts an 18 month grace period. During that window, employers may continue to use directly observed urine collections in the situations where oral fluid would otherwise be required, until they are set up for oral fluid. If an employer has decided to use oral fluid and is ready during the grace period, it must do so. DOT will publish a Federal Register notice announcing when the grace period begins and ends.
A note for aviation employers
FAA regulated employers generally cannot use laboratories outside the United States. For those employers, the two certified labs must be located in the U.S.
Oral fluid is a choice, not a mandate
Outside a few narrow observed collection scenarios, oral fluid is an alternative to urine, not a replacement. Employers can stay with urine, adopt oral fluid, or use each for different test types.
The clock that affects collectors first
DOT set temporary qualification requirements for the people who monitor oral fluid mock collections, recognizing that very few qualified oral fluid trainers exist yet. That flexibility ends one year after HHS certifies the first oral fluid laboratory. After that, the pool of people able to monitor mock collections will tighten, which is a strong reason for experienced professionals to become qualified trainers now.
How to stay ahead
• Watch DOT's HHS certified oral fluid laboratory page at transportation.gov/odapc.
• Get your collectors qualified before the second lab is announced.
• Consider building in house capacity with a qualified oral fluid trainer.
Our Train the Trainer: Qualified Trainer of Oral Fluid Drug Test Collectors program and our DOT Oral Fluid Collector Training are both available now at stratellistraining.com.