DOT final rule substitutes "sex" for "gender" in the transportation drug and alcohol testing procedures

Finalizes the October 2025 proposal, replacing "gender" with "sex (i.e., male or female)" at 49 CFR 40.67, 40.69, and 40.145, and stating that "[t]he Department is finalizing these changes as proposed . . . pursuant to E.O. 14168." The same rule separately requires directly observed urine collection when an oral-fluid test is mandated but no HHS-certified laboratory is available. Three commenters opposed the gender-to-sex terminology change and one asked for guidance on "identifying the employee's sex for directly observed urine collection"; DOT finalized the terminology as proposed. Part 40 governs drug and alcohol testing for all DOT-regulated safety-sensitive employees across aviation, rail, transit, trucking, pipelines, and maritime.