Citing the frequency of overdose deaths nationwide and in the interest of transportation safety, the U.S. Department of Transportation said it seeks to add fentanyl and its metabolite norfentanyl to its drug-testing panels for CDL holders.
The proposal issued Sept. 2 seeks to amend certain provisions of 49 CFR Part 40 to “harmonize as appropriate” with the current U.S. Health and Human Services (HHS) mandatory guidelines for federal workplace drug testing programs using urine (UrMG) and oral fluid (OFMG) that went into effect July 7, following a final rule published in January. A majority of HHS-certified labs already can test for fentanyl and norfetanyl with “sufficiently sensitive detection limits,’ according to this month’s NPRM.
The NPRM cites HHS findings from the Drug Enforcement Agency’s National Forensic Laboratory Information System 2021 report that fentanyl, a schedule II synthetic opioid, was the fourth most frequently identified drug and accounted for 11.61 percent of all drugs reported by forensic laboratories. Norfentanyl is “an important component of identifying fentanyl users when urine is the specimen matrix,” the proposal adds, with fentanyl being detected in oral fluid in pain management patients, overdose cases and cases of driving under the influence of drugs.
The National School Transportation Association said it is reviewing all the provisions of the NPRM but is likely to support adding fentanyl to the drug testing panel.
If published as a final rule, school districts and school bus companies administering or managing drug tests will need to update their policies.
“If a DOT drug/alcohol policy lists the drugs that are tested for, this will need to be added to the policy,” commented Tonic Lathrop, president of operations for Sinnett Consulting Services in Reno, Nevada. “When I write policy, I only list the main categories and not sub-categories so when substances get added to the testing panel, I don’t have to change all of my clients’ policies.”
This includes updating testing procedures and protocols, if a company or school district adds a biomarker or testing type information into their drug and alcohol policy, she explained.
Additionally, Lathrop said employers would need to provide their employees with notification and education about the changes and ensure employees are aware of the additional substance testing and possible update to the drug and alcohol testing policy. Updated education material should also include fentanyl with substance awareness.
She also noted a positive test for fentanyl may have a legitimate medical explanation. A medical review officer, or MRO, may verify and report a negative test with safety concerns.
Public comments on Docket DOT-OST-2025-0049 are due by Oct. 17 online, by mail or in person.
Related: Update: Feds Withdraw Oral Fluid Collection for CDL Drug Tests Rule
Related: Federal Drug and Alcohol Clearinghouse Finds 46K Driver Drug-Related Violations
Related: Marijuana Use Dominates Positive Drug Testing Rates of Commercial Drivers
