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DOT proposes to add fentanyl to drug testing panels
The U.S. Department of Transportation is proposing to amend its drug testing regulations to add fentanyl (a synthetic opioid) and norfentanyl (a metabolite of fentanyl) to its drug testing panels.
The proposed rulemaking would harmonize 49 CFR Part 40 with the U.S. Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, which DOT must follow for the minimum list of drugs for which DOT requires testing.
“Adding fentanyl and norfentanyl is also in the interest of transportation safety, given compelling information regarding the number of overdose deaths in the United States involving fentanyl,” DOT said in a Federal Register notice published Tuesday.
In a January 2025 Federal Register notice, HHS added fentanyl and norfentanyl to the authorized drug testing panels. DOT’s proposal would adopt those into its drug testing panels.
In addition to adding fentanyl and norfentanyl to the panels, DOT is also proposing:
- Adjust laboratory morphine confirmatory cutoff (urine only)
- Remove the additional requirement for medical review officers to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral fluid)
- Add and define the term “biomarker” and revise the definitions of “adulterated specimen,” “cutoff,” “initial specimen validity test,” “negative result,” “positive result,” and “substituted specimen” for clarity and consistency with HHS
- Authorize laboratories to conduct biomarker testing once HHS approves laboratory biomarker testing
- Modify analyte nomenclature for marijuana (urine and oral fluid)
- Revise footnote #1 to both testing panels to include more specific and updated criteria for alternate technology initial drug tests
- Add a 30-day requirement for drug collectors, screening test technicians (STTs), and breath alcohol technicians (BATs), within which they must complete the required training and mock collections
- Adding a new "fatal flaw" related to oral fluid specimens
- Modify several provisions related to oral fluid specimens
- Add clarifying language to other provisions (such as oral fluid collector training, SAP documents, and shy bladder/dry mouth procedures)
- Various technical amendments
DOT will accept comments on the proposed changes, which can be read in full here, through Oct. 17. Comments can be filed here.