December 19, 2025 – On December 18th President Trump signed an Executive Order directing the Department of Justice to complete the rescheduling process of marijuana from a Schedule I drug to a Schedule III drug. The United States Department of Transportation’s Office of Drug and Alcohol Policy and Compliance issued the following notice today in regards to this Executive Order. DOT’s Notice on Testing for Marijuana
In summary, until further notice there are no changes to DOT’s testing regulations for marijuana as marijuana is still considered a Schedule I drug until the DOJ completes the rescheduling process and the DOT makes any determinations how or if this will affect the current DOT testing panel.
We will keep you apprised as the Department of Transportation issues further guidance.
The Federal Aviation Administration (FAA) has confirmed that the minimum random drug and alcohol testing rates for safety-sensitive aviation employees will remain unchanged for calendar year 2026.
The FAA Administrator’s decision on annual testing rates is driven by industry-wide testing data, as outlined in14 CFR Part 120.
For drug testing,14 CFR 120.109(b)establishes that the Administrator bases rate decisions on the reported random drug test positive rate across the entire aviation industry. If that rate remains below 1.00%, the Administrator may continue the minimum random drug testing rate at 25%.
According to the FAA notice, the 2024 random drug test positive rate was0.816%, well below the threshold that would trigger an increase.
Similarly,14 CFR 120.217(c)governs alcohol testing rates. The decision hinges on the random alcohol test violation rate. If that rate stays below 0.50%, the Administrator may continue the minimum random alcohol testing rate at 10%.
The 2024 random alcohol test violation rate came in at0.131%, significantly below the threshold.
These favorable industry numbers allow aviation employers to maintain their current testing protocols without rate increases for 2026.
Who Must Comply
The 25% drug and 10% alcohol random testing rates apply to all employers and employees regulated under 14 CFR Part 120. This encompasses:
Part 121 air carriers conducting scheduled passenger and cargo operations
Part 135 air taxi and commuter operators
Part 145 repair stations
Other entities with employees performing safety-sensitive aviation functions
Safety-sensitive positions include flight crewmembers, flight attendants, flight instructors, aircraft dispatchers, aircraft maintenance and preventive maintenance personnel, ground security coordinators, aviation screeners, and air traffic controllers.
If your organization falls under FAA jurisdiction, your drug and alcohol testing program must achieve these minimum random testing rates across the calendar year.
MaintainingCompliancein 2026
Meeting the 25% drug and 10% alcohol thresholds requires systematic random selection processes that are scientifically valid, properly documented, and spread throughout the year. Every covered employee must have an equal chance of selection during each testing period.
Aviation employers must also ensure their programs address all required testing categories beyond randoms:
Pre-employment drug testing
Post-accident testing when FAA criteria are met
Reasonable suspicion testing when trained supervisors observe signs of impairment
Return-to-duty testing following violations
Follow-up testing as directed by a Substance Abuse Professional (SAP)
Documentation is critical. Your records must demonstrate that selections were random, notifications were provided, tests were completed within required timeframes, and results were properly reviewed by a qualified Medical Review Officer (MRO).
For organizations managing contractors or multiple entities under their drug and alcohol program, ensuring all covered employees are included in appropriate testing pools adds another layer of complexity.
TheRoleofSupervisor Training
FAA regulations require that supervisors who may need to make reasonable suspicion determinations receive properdrug and alcohol recognition training. This training must cover the physical, behavioral, and performance indicators of probable drug use and alcohol misuse.
If your supervisors have not completed this training, or if certifications have lapsed, addressing this gap should be a priority before the new year begins. AZC Drug Testing offers both online and classroom-based supervisor training programs that meet DOT requirements.
How azcdt.com Supports FAA Compliance
AZC Drug Testing provides turnkeyFAA Part 120 compliance servicesfor air carriers, repair stations, and aviation service providers nationwide.
Our comprehensive program includes:
Immediate enrollment and membership certificates
All random drug and alcohol testing included in your annual fee
Quarterly random selections managed and documented
Contractor oversight support for organizations managing multiple entities
MIS guidance and annual statistical reporting
Laboratory and Medical Review Officer services
Access to over 10,000 collection sites across the country
Complete audit support and documentation packages
We also serve employers regulated by other DOT modes, including FMCSA, FRA, FTA, PHMSA, and USCG. If your organization operates across multiple modes, we can manage distinct pools and rate requirements under a single compliance partnership.
Learn More on Our Podcast
Curious about how random testing programs actually work? Tune in toTalking the Wiz Quiz: An HR Guide to Drug Testing, hosted by Gary and Lori Oschmann of AZC Drug Testing.
Episode 2: Understanding Random Drug Testing + Consortiumsexplains the mechanics of random selection pools, the role of Consortium/Third-Party Administrators (C/TPAs), and how employers can simplify compliance while staying audit-ready.
Whether you are new to DOT compliance or a seasoned HR professional, this podcast delivers practical insights in plain English.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has officially announced that the minimum annual random drug testing rate will remain at 50% for covered employees in the pipeline industry throughout calendar year 2026.
PHMSA’s decision stems from a review of 2024 Drug and Alcohol Management Information System (DAMIS) reports, which revealed a random drug testing positive rate greater than 1%.
Under49 CFR 199.105(c)(4), when industry-wide data shows positive rates at or above the 1% threshold, the Administrator must maintain the minimum annual random drug testing rate at 50% of all covered employees.
The regulatory framework does allow for potential rate reductions. According to49 CFR 199.105(c)(3), if the reported positive drug test rate falls below 1% for two consecutive calendar years, the Administrator may lower the random drug testing rate to 25%. However, based on the most recent DAMIS submissions, this criterion has not been met.
Why the Rate Remains at 50%
The 50% random drug testing requirement applies to operators of gas pipeline facilities, hazardous liquid pipeline facilities that transport petroleum products and other regulated materials, carbon dioxide pipeline facilities, liquefied natural gas (LNG) plants, and underground natural gas storage facilities.
Both operators and contractors performing covered functions must ensure they meet this testing threshold throughout 2026. This includes anyone performing operations, maintenance, or emergency response functions on covered pipeline facilities.
The 50% minimum random drug testing rate takes effect January 1, 2026 and remains in force through December 31, 2026.
Operators should review their current random selection rates to ensure their programs will achieve the 50% threshold across the full calendar year. Those working with aDOT consortium programshould confirm their pool management and selection processes are calibrated accordingly.
DAMIS Reporting Requirements
All operators and contractors must submit annual DAMIS reports as required by49 CFR 199.119(a). These reports provide the aggregate data PHMSA uses to calculate industry-wide positive rates and determine future testing rate adjustments.
TheDAMIS systemnow requires Multi-Factor Authentication (MFA) for all submissions. If you have not yet updated your DAMIS login credentials, you should do so before your next reporting deadline to avoid access issues.
Accurate DAMIS reporting is critical not only for your own compliance documentation but for the industry’s collective ability to potentially qualify for reduced testing rates in future years.
What This Means for Your Compliance Program
Maintaining a 50% random testing rate requires careful planning and execution. Selections must be spread throughout the calendar year, and all covered employees must have an equal chance of selection during each testing period.
For operators managing their own programs, this means tracking your covered employee count, documenting each random selection, ensuring timely test completions, and maintaining records that demonstrate compliance during audits.
Working with an experienced Consortium/Third-Party Administrator (C/TPA) can significantly reduce the administrative burden. A qualified C/TPA handles pool management, random selections, result tracking, and provides the documentation needed for PHMSA audits and DAMIS submissions.
All random drug testing included in your annual fee
Quarterly random selections managed and documented
DAMIS reporting support
Laboratory and Medical Review Officer (MRO) services
Access to over 10,000 collection sites nationwide
Complete audit support and documentation
With over 25 years of experience managing DOT compliance programs across all six modes, includingFMCSA,FAA,FRA,FTA, andUSCG, we understand the nuances of mode-specific requirements and keep our clients audit-ready year-round.
Learn More on Our Podcast
Want to understand how random testing and consortium programs work? Listen toTalking the Wiz Quiz: An HR Guide to Drug Testing, hosted by Gary and Lori Oschmann.
On September 2, 2025 the DOT issued a Notice of Proposed Rulemaking seeking comments on proposals to update 49 CFR Part 40 requirements to include adding Fentanyl to the Federal Drug Testing Panel for USDOT regulated drug testing.
The proposals in the DOT Notice of Proposed Rulemaking include:
Add Fentanyl and norfentanyl to the testing panels,
Remove the additional requirement for MROs to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral fluid),
Add and modify certain definitions,
Authorize biomarker testing,
Modify analyte nomenclature for marijuana (urine and oral fluid),
Revise footnote #1 to both testing panels to include more specific and updated criteria for alternate technology initial drug tests,
Add a 30-day requirement for drug collectors, STTs, and BATS within which to complete the required training and mock collections,
Adding a new ‘fatal flaw’ related to oral fluid specimens,
Modify several provisions related to oral fluid specimens,
Add clarifying language to other provisions (such as oral fluid collector training, SAP documents, and shy bladder/dry mouth procedures),
Various technical amendments.
If you would like to read the proposals you can find it at 2025-16720.pdf
The Office of Drug and Alcohol Policy and Compliance does review all comments prior to issuing a Notice of Final Rulemaking. If you would like to submit your comments to the proposals you can submit them at Regulations.gov
Comments to the DOT Notice of Proposed Rulemaking closes on October 17, 2025.
The Federal Railroad Administration (FRA) published that the minimum annual random testing rates for calendar year 2025 will remain the same as those for calendar year 2024. Published in the January 3, 2025 Federal Register the FRA set the minimum random testing rates as:
Covered Service employees—25 percent for drugs and 10 percent for alcohol.
Maintenance of Way (MOW) employees—25 percent for drugs and 10 percent for alcohol.
Mechanical (MECH) employees—50 percent for drugs and 25 percent for alcohol.
The FRA can adjust the minimum random drug and alcohol testing rates annually based on the reported positive rate of the industry’s random drug and alcohol tests. In accordance with 49 CFR Part 219.625(d)(1) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the FRA may lower the random drug testing rate to 25% for all covered employees. Conversely, 49 CFR Part 219.625(d)(2) requires the FRA to raise the minimum random drug testing rate from 25% to 50% for all covered employees when the latest reported positive random drug testing rate is equal or greater than one (1) percent.
49 CFR Part 219.625(e)(1) states if the reported violation rate for random alcohol testing rate is below one (0.5) percent for two consecutive years, the FRA may lower the random alcohol testing rate to 10% for all covered employees. Conversely, 49 CFR Part 219.625(e)(2) requires the FRA to raise the minimum random alcohol testing rate from 10% to 25% for all covered employees when the latest reported violation rate for random alcohol testing rate is equal or greater than one (0.5) percent.
The industry-wide random drug testing positive rate for both Covered Service employees and Maintenance of Way employees remained below 1.0 percent for 2022 and 2023. The FRA has therefore determined the minimum annual random drug testing rate for both Covered Service employees and Maintenance of Way employees will remain at 25 percent for the period January 1, 2025, through December 31, 2025.
The industry-wide random alcohol testing violation rate for both Covered Service employees and Maintenance of Way employees remained below 0.5 percent for 2022 and 2023. The FRA has therefore determined the minimum random alcohol testing rate for both Covered Service employees and Maintenance of Way employees will remain at 10 percent for the period January 1, 2025, through December 31, 2025.
Since Mechanical employees did not become subject to FRA random drug and alcohol testing until March 2022, the FRA will not have the two full years of industry-wide MIS data required to adjust the random testing rates for Mechanical employees until it has the MIS data for 2024. The FRA has therefore determined that the minimum random rates for Mechanical employees will remain at 50 percent for drugs and 25 percent for alcohol for the period January 1, 2025, through December 31, 2025.
AZC Drug Testing is a leading provider of FRA drug & alcohol testing services. We offer consortium and custom drug and alcohol testing programs. Our consortium program is ideal for smaller railroad companies and companies providing Maintenance of Way and Mechanical services to the railroads who lack a sufficient number of employees for a random testing pool. We also offer customized solutions, complete with everything your company needs to stay in compliance—from an FRA-aligned anti-drug plan and written policy to employee and supervisor training. Learn more about AZC Drug Testing’s FRA Services.
The Federal Aviation Administration (FAA) published that the minimum annual random rates for 2025 will remain at to 25% annually for drug testing and 10% annually for alcohol testing. The FAA published the 2025 random drug and alcohol testing rates for 2025 in the November 4, 2024 Federal Register.
The FAA can adjust the minimum random drug and alcohol testing rates annually based on the reported positive rate of the industry’s random drug and alcohol tests. In accordance with 14 CFR Part 120.109(b)(3) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the FAA may lower the random drug testing rate to 25% for all covered employees. Conversely, 14 CFR Part 120.109(b)(4) requires the FAA to raise the minimum random drug testing rate from 25% to 50% for all covered employees when the latest reported positive random drug testing rate is equal or greater than one (1) percent.
14 CFR Part 120.217(c)(3)(i) states if the reported violation rate for random alcohol testing rate is below one (0.5) percent for two consecutive years, the FAA may lower the random alcohol testing rate to 10% for all covered employees. Conversely, 14 CFR Part 120.217(c)(4)(i) requires the FAA to raise the minimum random alcohol testing rate from 10% to 25% for all covered employees when the latest reported violation rate for random alcohol testing rate is equal or greater than one (0.5) percent.
The reported positive random drug testing percent for CY 2023 was 0.881 percent, requiring the FAA to maintain the annual random drug testing rate for CY 2025 at 25% for all covered employees. The random alcohol testing rate for 2025 will remain at 10% based on the alcohol violation rate for 2023 being .141%.
About AZC Drug Testing
AZC Drug Testing is the leading provider of FAA drug and alcohol testing services. We offer consortium and custom drug and alcohol testing programs. Our consortium program is ideal for smaller operators who lack a sufficient number of employees for a random testing pool. We also offer customized solutions, complete with everything your company needs to stay in compliance—from FAA drug & alcohol written polices, audit support, to employee and supervisor training. Learn more about AZC Drug Testing’s FAA Services.
