The Department of Transportation proposed adding fentanyl and norfentanyl (a metabolite of fentanyl) to the DOT drug testing panel and making certain other technical amendments to its drug testing program.
According to a Sept. 2, 2025, Notice of Proposed Rulemaking, DOT’s proposed rule is intended to harmonize with the Department of Health and Human Services’ (DHHS) Mandatory Guidelines For Federal Workplace Drug Testing Programs.
DOT mandates drug and alcohol testing for certain federal transportation workers, including those regulated by the Federal Motor Carrier Safety Administration, the Federal Aviation Administration, the Pipeline and Hazardous Materials Safety Administration, the Federal Railroad Administration and the Federal Transit Administration. The Coast Guard’s regulations also follow the same drug testing guidelines, although the Coast Guard is regulated by the Department of Homeland Security.
DOT currently mandates drug testing for amphetamines, cocaine, marijuana, opioids (specifically consisting of codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone and oxymorphone) and PCP. The proposed new rule will add fentanyl to the urine and oral fluid drug testing panels and norfentanyl to the urine testing panel. (Oral fluid testing still is not yet permissible under DOT regulations because DHHS has not yet certified at least two laboratories to conduct oral fluid testing.)
DOT explained that it is adding fentanyl to its drug testing panels for safety reasons. DOT cited certain facts published by the Centers for Disease Control and Prevention, among other significant data, relied on for this decision:
- Drug overdose death rates involving fentanyl increased by 279% from 5.7 per 100,000 in 2016 to 21.6 in 2021, according to CDC’s National Center for Health Statistics data.
- While provisional data from the CDC indicates a 25.5% decrease in overdose deaths in the 12 months ending October 2024 compared with the same period in 2023, approximately 150 Americans die every day from overdose involving illegal, synthetic opioids such as illegally made fentanyl. Overdose remains the leading cause of death among Americans aged 18-44.
- Approximately 70% of U.S. overdose deaths in 2023 were estimated to involve illegally manufactured fentanyls (IMFs). Local reports indicate reemergence of carfentanil, a fentanyl analog.
DOT’s proposed rule also would make the following additional changes:
(1) Raise the laboratory confirmatory test cutoff for morphine in urine drug testing from 2,000 ng/ml to 4,000 ng/ml;
(2) Remove the MRO requirement to determine clinical evidence of illegal opioid use to support a positive codeine or morphine result in urine and oral fluid testing;
(3) Add the word “biomarker” to certain definitions;
(4) Authorize laboratories to conduct biomarker testing once DHHS approves laboratory biomarker testing;
(5) Amend the analyte nomenclature for marijuana in both drug testing panels; and
(6) Revise the footnotes in both drug testing panels to be more specific.
The comment period has closed, and the proposed changes should take effect sometime in early 2026.
DOT-regulated employers will need to revise their drug and alcohol testing policies to be consistent with the new rule once it takes effect.
Please contact a Jackson Lewis attorney with any questions about employer compliance with this and other workplace laws.