The Department of Transportation has proposed amending its drug-testing program regulation, 49 CFR part 40, to add fentanyl (a synthetic opioid) and norfentanyl (a metabolite of fentanyl) to its drug testing panels. The proposed rulemaking would harmonize part 40 with the Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs, which DOT must follow for the minimum list of drugs for which DOT requires testing.

DOT also proposed amending certain provisions of part 40 to harmonize the requirements with the current HHS Mandatory Guidelines using urine and oral fluid. This Notice of Proposed Rulemaking also would clarify certain existing part 40 drug testing program provisions and make technical amendments.

According to DHHS, fentanyl accounts for a large proportion of overdose deaths in the United States and is therefore an important public safety concern. Moreover, in a 2021 report from the National Forensic Laboratory Information System, fentanyl was the 4th most frequently identified drug and accounted for 11.61% of all drugs reported by forensic laboratories.