Current status: Fentanyl has been proposed for addition to the DOT drug-testing panel, but DOT has not listed that proposal as a final rule as of August 30, 2026.[1]
The June 2026 final rule
DOT published a final rule effective June 10, 2026 that requires directly observed urine collection in situations where an oral-fluid test is required but cannot be conducted because oral-fluid testing is not yet available. The rule also updated terminology in Part 40.[2]
Fentanyl remains a proposal
DOT proposed adding fentanyl and norfentanyl to its drug-testing panels and proposed related harmonization and technical changes to Part 40.[1] Employers should distinguish a proposed rule from a final, effective requirement. Until DOT finalizes a change, employers should follow the current federal testing panel and applicable Part 40 procedures.
2026 random testing rates
For 2026, FMCSA's minimum random testing rates remain 50 percent for controlled substances and 10 percent for alcohol. Other DOT agencies have their own published rates.[3]
Why this matters for employers
DOT programs change through federal rulemaking, agency guidance, forms, and operational updates. Employers do not need to become regulatory researchers, but they do need a process for recognizing when a change affects their policy, testing procedures, service-agent relationships, or records.
Skyside Compliance manages DOT drug and alcohol testing programs for employers and owner-operators nationwide. Non-DOT program services are available in Washington and California, with additional states supported upon request following a state-specific compliance review.
Talk with Skyside about your program[1] U.S. DOT, proposed fentanyl rule
[2] U.S. DOT, Part 40 Federal Register notices and May 11, 2026 final rule
[3] U.S. DOT, 2026 Random Testing Rates
Sources checked: August 30, 2026.