On May 11, 2026, the U.S. Department of Transportation (DOT) published a final rule in the Federal Register updating terminology within DOT drug and alcohol testing regulations to align with Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
In addition to the terminology updates, the rule adds a new provision requiring a directly observed urine collection in situations where oral fluid testing would otherwise be required, but oral fluid testing is not yet available. The change is intended to address testing scenarios where oral fluid collection procedures cannot currently be performed due to the lack of certified laboratories and operational testing availability.
Operators subject to DOT drug and alcohol testing requirements should review the updated rule and evaluate any necessary changes to internal procedures, policies, and collection protocols ahead of the effective date.
This final rule becomes effective on June 10, 2026.
The Office of Drug and Alcohol Policy and Compliance, with the Office of the General Counsel, issued a 49 CFR Part 40 Question and Answer. Like all ODAPC/OGC Qs & As, this Q&A constitutes official guidance and interpretation concerning 49 CFR Part 40.
The Q&A issued today is available on our website at: https://www.transportation.gov/odapc/part40QandA.