DOT final rule aligns drug-testing procedures with EO 14168 "biological sex" definitions

Date: May 11, 2026
Actor: Department of Transportation, Office of the Secretary
Agency: Department of Transportation (DOT)
Type: Final rule
Section: 2026 DEVELOPMENTS SWEEP (JANUARY–AUGUST 2026)

Summary

DOT publishes a final rule on "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (doc. 2026-09290) that, among other changes, requires directly observed urine collections in specified situations and aligns the regulation's terminology with EO 14168's biological-sex framework — governing which observers may monitor transgender transportation workers' directly observed collections by birth sex. Effective June 10, 2026. (see also sections 8, 12)

Status

In effect.

As recorded in the data of November 3, 2026. Check the sources for anything newer.

Documents

Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Rule · May 11, 2026 · 91 FR 25507 · Document number 2026-09290 · 5 pages

Original: govinfo.gov(opens another site)PDF, external

Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 91 Fed. Reg. 25,507 (May 11, 2026) (codified at 49 C.F.R. pt. 40).

Sources

federalregister.gov/documents/2026/05/11/2026-09290/procedures-for-transportati…(opens another site)

Cite this action

Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 91 Fed. Reg. 25,507 (May 11, 2026) (codified at 49 C.F.R. pt. 40).

Short form: 91 Fed. Reg. at 25,507.