DOT Proposes Changes to Drug Testing Panel

DOT Proposes Changes to Drug Testing Panel

The U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that would add fentanyl and its metabolite, norfentanyl, to the DOT’s drug testing panels. The proposal was published in the Federal Register on September 2, 2025.

If adopted, the rule would amend DOT’s drug and alcohol testing regulations under 49 CFR Part 40 to align with the U.S. Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs. These guidelines establish the minimum list of drugs for which DOT requires testing, as well as laboratory testing standards mandated by the Omnibus Transportation Employee Testing Act of 1991.

Fentanyl, a synthetic opioid, has become one of the leading contributors to overdose deaths across the United States. The DOT noted that adding fentanyl to the testing panel reflects growing concerns about its impact on public safety, especially in safety-sensitive industries like transportation.

The NPRM also proposes several technical changes. These include harmonizing provisions of Part 40 with current HHS guidelines for both urine and oral fluid testing, clarifying existing requirements, and making minor amendments to improve consistency and accuracy within the program. Proposed cutoff levels for urine and oral fluid testing are included in the rulemaking documents.

IMPORTANT: At this stage, the proposal does not change the current DOT testing panel. The rule will only take effect once the DOT reviews all submitted comments, considers potential revisions, and issues a final rule.

Stakeholders and industry professionals are encouraged to review the NPRM and provide feedback during the comment period.

The full proposal is available here: Federal Register – Addition of Fentanyl to DOT Drug Testing Panel