DOT Moves to Add Fentanyl Tests for Commercial Truck Drivers
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The Department of Transportation is launching an effort to add the synthetic opioid fentanyl along with norfentanyl to its drug testing panels.
“Fentanyl accounts for a large proportion of overdose deaths in the United States and is therefore an important public safety concern,” DOT noted in a Notice of Proposed Rulemaking . “Furthermore, fentanyl is increasingly used as a stand-alone substance of abuse, not in conjunction with heroin and other substances as was common in the past.”
The agency included testing for norfentanyl since it is a metabolite component of fentanyl that can detect the opioid in urine specimens.
The Department of Health and Human Services in January added fentanyl (for urine and oral fluid testing) and norfentanyl (for urine only) to its list of approved drug testing panels. This cleared the way for truck drivers and others in federally regulated occupations to be subject to testing.
There are two types of fentanyl: one is federally approved and can be prescribed by doctors for pharmaceutical use to treat severe pain, especially after surgery or for cancer. The other is illicitly manufactured and sold illegally. Most fentanyl-related overdoses are due to illegally made substances.
If the rule is finalized, DOT would amend its federal drug-testing program regulation (49 CFR Part 40) to include both substances. Public comments on the proposal are due Oct. 17.
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Drug officials since 2015 have been weighing whether to add fentanyl testing for truck drivers. The issue picked up steam in November 2023 when DOT raised the possibility in a message to employers, employees and testing service providers involved in its drug testing program.
Fentanyl is prevalent in drug overdoses and commonly cited in cases of driving under the influence of drugs. It is the fourth-most frequently identified drug reported by forensic laboratories, accounting for nearly 12% of positive drug tests, according to the National Forensic Laboratory Information System.
“Most cases of fentanyl-related overdose are linked to illicitly manufactured fentanyl, which is distributed through illegal drug markets for its heroin-like effect,” DOT stated. “It is often added to other illicit drugs because of its extreme potency, which makes those drugs cheaper, more powerful, more addictive and more dangerous. Fentanyl is up to 50 times stronger than heroin and 100 times stronger than morphine.”
The agency estimated adding fentanyl to the DOT drug testing panel — without requiring a clinical exam — would result in costs of $18.1 million.
“If identifying illicit drug use by safety-sensitive transportation employees subjected to drug testing prevents a single serious accident, then the benefits of this rule outweigh its minimal cost. Testing for fentanyl will add another layer of deterrence to illicit drug use,” DOT stated.
“ATA welcomes and applauds USDOT’s addition of fentanyl to the DOT testing panel for safety-sensitive transportation workers, including commercial drivers, in alignment with the Department of Health and Human Services’ panel changes,” said American Trucking Associations Senior Director of Safety Policy Brenna Lyles. “The change to DOT’s testing panel aligns it with today’s real-world risks, helping protect commercial drivers, the motoring public and the integrity of our transportation system. Fentanyl poses a safety hazard on and off our highways — not only as a common additive in illicit drugs currently undetected by DOT’s testing panel, but also increasingly present in counterfeit prescription drugs often used in isolation. Within the trucking industry, motor carriers using hair-follicle testing have reported a sharp rise in fentanyl positives in recent years.”
Lyles added, “Ensuring truck drivers are not under the influence of drugs and alcohol while driving is a fundamental element of driver qualifications and highway safety, and the addition of fentanyl to DOT’s testing program strengthens this existing safeguard.”
The trucking industry has consistently backed efforts to highlight the dangers of fentanyl abuse.
The Trucking Cares Foundation, ATA’s charitable unit, to encourage trucking companies to wrap their trailers with public service announcements from families who lost loved ones to illicit fentanyl poisonings. The goal was to raise awareness along as many roadways as possible.
“Fentanyl poisoning claims the lives of over 70,000 Americans each year, with a fentanyl-related death occurring approximately once every five minutes. Fentanyl continues to be the number one killer of adults 18-45, and children under 14 are dying of fentanyl poisoning faster than any other age group,” Trucking Cares stated.
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