Department of Transportation Seeks to Add Fentanyl to Drug Testing Panel

The U.S. Department of Transportation (DOT) recently published a proposed rule that aims to add fentanyl to the DOT’s drug testing panel. The comment period is open through October 17, 2025.

As noted in the proposed rule, this effort 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 (Mandatory Guidelines) and the comprehensive standards for laboratory drug testing per the Omnibus Employee Testing Act of 1991.

If passed, drug testing panels would be updated to include fentanyl in the urine and oral fluid testing panel and norfentanyl to the urine testing panel (along with their corresponding test cutoff concentrations), amend the MRO verification process to include these drugs, and amend Appendices D and E of part 40 to add fentanyl and norfentanyl to the drugs listed on the laboratory reports to employers and DOT.

The proposed rule also seeks to add nomenclature for marijuana to amend the drug testing panel footnotes changing the reference from THCA to more specifically identify delta-9 THC. This would not change the testing process for marijuana.