Proposal adds fentanyl to DOT drug testing panel

Who is impacted?

Part 40 procedures are used by federal agencies subject to drug and alcohol testing. Covered employers and employees within highway, rail, air, pipeline, transit, and maritime will be impacted by the proposed changes, as well as their service agents.

Summary of proposed changes

The proposed rulemaking includes several changes to align DOT’s rules with the HHS guidelines, including:

• Adding fentanyl and norfentanyl to the testing panels;
• Adjusting the laboratory morphine confirmatory cutoff (urine only);
• Removing the additional requirement for medical review officers (MROs) to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral-fluid testing);
• Adding and modifying certain definitions;
• Authorizing biomarker testing;
• Modifying analyte nomenclature for marijuana (urine and oral-fluid testing);
• Adding a 30-day requirement within which drug collectors, screening test technicians (STT), and breath alcohol technicians (BATs) must complete the required training and mock collections;
• Adding a new “fatal flaw” related to oral-fluid specimens;
• Modifying several provisions related to oral-fluid specimens;
• Adding clarifying language to other provisions (such as oral-fluid collector training, substance abuse professional [SAP] documents, and shy bladder/dry mouth procedures); and
• Making various technical amendments.

A chance to comment

The Notice of Proposed Rulemaking, published in the Federal Register on September 2, 2025, is open to public comments through October 17, 2025. Industry professionals, covered employees, and stakeholders are encouraged to share their feedback at regulations.gov.