Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Office of the Secretary 49 CFR Part 40 [Docket DOT-OST-2021-0093] RIN 2105-AF28 AGENCY: Office of the Secretary, Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The U.S. Department of Transportation revises its drug and alcohol testing procedures to require a directly observed urine collection in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available. The rule also updates terminology in these procedures consistent with Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. DATES: This rule is effective on June 10, 2026. FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Deputy Director, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone number 202-366-3784; ODAPCwebmail@dot.gov . SUPPLEMENTARY INFORMATION: I. Authority for This Rulemaking This rulemaking is promulgated pursuant to the Omnibus Transportation Employee Testing Act of 1991 (OTETA) (Pub. L. 102-143, Tit. V, 105 Stat. 952). DOT requires urine drug testing and authorizes oral fluid drug testing as an alternative methodology for the testing of safety-sensitive transportation industry employees subject to drug testing under 49 CFR part 40 . DOT's part 40 regulation is adopted by reference in the drug and alcohol testing requirements of each of its operating administ…