DOT Transportation Workplace Drug and Alcohol Testing Procedures (49 CFR Part 40)

Current understanding

The U.S. Department of Transportation prescribes procedures under 49 CFR Part 40 for drug and alcohol testing of safety-sensitive transportation workers across modes (aviation, rail, transit, motor carrier, pipeline, maritime). Recent amendments authorize oral fluid testing as an alternative to urine collection and, when oral fluid collection is unavailable, require directly observed urine collection as a fallback. Terminology in the rule has also been updated to conform with Executive Order 14168.

Evidence log

• 2026-10-29 — Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Urine (UrMG): cross-connection with federal-workplace-drug-testing: HHS Mandatory Guidelines (UrMG) set the scientific/procedural baseline that DOT’s 49 CFR Part 40 transportation drug testing procedures incorporate; revisions to UrMG typically flow downstream to DOT testing. (novelty: 2)
• 2025-03-06 — Guaranteeing Overtime for Truckers Act: cross-connection with guaranteeing-overtime-for-truckers-act: Both regulate the interstate trucking workforce — one on wage/hour, the other on safety-sensitive testing under DOT/FMCSA jurisdiction. (novelty: 2)

Open questions

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