Developments in Regulating Workplace Drug and Alcohol Testing
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2026. The rates are the same as 2025, except that the FRA Mechanical annual random alcohol testing rate has been decreased to 10%.
| Agency | 2026 Random Drug Testing Rate | 2026 Random Alcohol Testing Rate |
| Federal Aviation Administration | 25% |
President Donald Trump issued the “Increasing Medical Marijuana and Cannabidiol Research” Executive Order (EO) on Dec. 18, 2025. Contrary to what has been reported by many news outlets, the EO does not, by itself, reschedule marijuana to a Schedule III drug. Rather, it directs the Department of Justice (DOJ) to “take all necessary…
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…
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2025. The rates are the same as 2024, except that PHMSA has increased its random drug testing rate to 50%.
| Agency | 2025 Random Drug Testing Rate | 2025 Random Alcohol Testing Rate |
| Federal Aviation Administration | 25% | 10% |
| Federal Motor |
Happy New Year! The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024. These rates are the annual minimum drug and alcohol random testing rates. The rates are the same as the 2023 rates.
| Agency | 2024 Random Drug Testing Rate | 2024 Random Alcohol Testing Rate |
| Federal Aviation Administration |
The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs. While the new rules technically become effective on June 1, 2023, employers may not conduct oral fluid testing until the U.S. Department of Health and Human…
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through…
The U.S. Department of Transportation (DOT) published in the Federal Register on February 28, 2022 a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT stated that the addition of oral fluid drug testing will give employers a choice to help combat employee cheating on urine drug…
A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter from the prescribing physician. Ross…
Employers who are regulated by the U.S. Department of Transportation and their service agents (collectors, laboratories and Medical Review Officers) must ensure that they use the revised Federal Custody and Control Form (“CCF”) as of August 30, 2021. The revised CCF can be viewed here. Last year, the Office of Management and Budget approved…
