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DOT Notice of Proposed Rulemaking

New DOT Notice of Proposed Rulemaking to Part 40 – Should the DOT Add Fentanyl to the DOT Drug Panel?

Written by azcdt on . Posted in Drug Testing.

DOT Notice of Proposed Rulemaking Issued

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:

  1. Add Fentanyl and norfentanyl to the testing panels,
  2. Adjust laboratory morphine confirmatory cutoff (urine only),
  3. Remove the additional requirement for MROs to determine clinical evidence of illegal opioid (codeine and morphine use for urine and oral fluid),
  4. Add and modify certain definitions,
  5. Authorize biomarker testing,
  6. Modify analyte nomenclature for marijuana (urine and oral fluid),
  7. Revise footnote #1 to both testing panels to include more specific and updated criteria for alternate technology initial drug tests,
  8. Add a 30-day requirement for drug collectors, STTs, and BATS within which to complete the required training and mock collections,
  9. Adding a new ‘fatal flaw’ related to oral fluid specimens,
  10. Modify several provisions related to oral fluid specimens,
  11. Add clarifying language to other provisions (such as oral fluid collector training, SAP documents, and shy bladder/dry mouth procedures),
  12. 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.

AZC Drug Testing is your trusted partner in USDOT regulated drug and alcohol testing programs.  Please learn more about our program at DOT Drug & Alcohol Testing Compliance Services.

2025 FRA Random Testing Rates

2025 FRA Random Testing Rates Announced

Written by azcdt on . Posted in Drug Testing.

2025 FRA Random Testing Rates

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.

The 2025 Random Testing Rates for all U.S. Department of Transportation modes can be found at Random Testing Rates | US Department of Transportation

About AZC Drug Testing

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.

FAA Random Testing Rates

FAA Random Testing Rates for 2025 Unchanged

Written by azcdt on . Posted in Drug Testing.

2025 FAA Random Testing Rates

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.

2025 FTA Random Testing Rates

2025 FTA Random Testing Rates Published

Written by azcdt on . Posted in Drug Testing.

The Federal Transit Administration (FTA) published that the minimum annual random rates for 2025 will remain at to 50% annually for drug testing and 10% annually for alcohol testing.  The FTA published the 2025 random drug and alcohol testing rates for 2025 in the November 26, 2024 Federal Register.

The FTA 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 655.45(c)(1) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the FTA may lower the random drug testing rate to 25% for all covered employees.  Conversely, 49 CFR Part 655.45(c)(2) requires the FTA 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 655.45(d)(1)(i) states if the reported violation rate for random alcohol testing rate is below one (0.5) percent for two consecutive years, the FTA may lower the random alcohol testing rate to 10% for all covered employees.  Conversely, 49 CFR Part 655.45(d)(2)(i) requires the FTA 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.

In 2018 the FTA raised the random drug testing rate to 50% annually, where it has remained in subsequent years.  The reported positive random drug testing percent for CY 2022 was 1.090 percent and for CY 2023 was 1.23 percent, requiring the FTA to maintain the annual random drug testing rate for CY 2025 at 50% for all covered employees.  The random alcohol testing rate for 2025 will remain at 10% based on the alcohol violation rate for 2022 being .18% and for 2023 also being .18%.

The 2025 Random Testing Rates for all United States Department of Transportation (USDOT) modes can be found at Random Testing Rates | US Department of Transportation

2025 PHMSA Random Drug Testing Rate

2025 PHMSA Random Drug Testing Rate Published

Written by azcdt on . Posted in Drug Testing.

2025 PHMSA Random Drug Testing Rate

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published that they are raising the minimum annual random drug testing rate for 2025 to 50% annually, up from 25% annually.  The PHMSA published the new random drug testing rate for 2025 in the November 20, 2024 Federal Register.

The PHMSA can adjust the minimum random drug testing rate annually based on the reported positive rate of the industry’s random drug tests.  In accordance with 49 CFR Part 199.105(c)(3) if the reported positive random drug testing rate is below one (1) percent for two consecutive years, the PHMSA may lower the random drug testing rate to 25% for all covered employees.  49 CFR Part 199.105(c)(4) requires the PHMSA 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.  The reported positive random drug testing percent for CY 2023 was greater than one percent, requiring the PHMSA to raise the annual random drug testing rate for CY 2025 to 50% for all covered employees.

The 2025 Random Testing Rates for all United States Department of Transportation (USDOT) modes can be found at Random Testing Rates | US Department of Transportation

About AZC Drug Testing

AZC Drug Testing is the leading provider of PHMSA drug test 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 a PHMSA-aligned anti-drug plan and written policy to employee and supervisor training.  Learn more about AZC Drug Testing’s PHMSA Services.