DOT Drug Test Petition: Your Chance to Comment on Part 40

What happened

A DOT drug test petition is now open for public comment. The U.S. Department of Transportation (USDOT) wants to hear from workers before it decides anything. The news came out on Sept. 30, 2026.

The petition was filed on Feb. 27, 2026. It asks USDOT to change 49 CFR Part 40. Part 40 is the rule book for how DOT drug and alcohol tests are done. It covers CDL truck drivers and other workers in safety-sensitive jobs.

Today, some invalid urine test results can get your test canceled. One example is an abnormal pH level. When that happens, you may have to give a new sample while someone watches you. That is called a directly observed collection.

The petition asks for more medical review before that happens. It asks for four things:

• Extra review steps for workers with a medical condition that could explain an odd result or make it hard to give a sample.
• Up to 72 hours to send papers from a licensed medical provider.
• A written decision from the Medical Review Officer (MRO, the doctor who reviews DOT test results) before a repeat collection is ordered.
• The MRO would consider talking to a urologist or a mental health professional when a worker has trouble urinating. One example is paruresis, often called shy bladder.

USDOT has not proposed a new rule. It has not decided whether it will make these changes. It only wants public input first.

What it means for owner-operators

For now, nothing changes. Your DOT drug tests follow the same rules as yesterday. Keep your testing program running just like before.

But this could matter later. If you are a driver with a real medical condition, a test problem can take you off the road. It can also end up in your record. Changes like these could give drivers with a medical reason more time and a clearer process.

This is also a chance to be heard. Rules are often shaped by the people who send comments. Drivers know how collections really work at the clinic.

What to do next

• Want to comment? Go to Regulations.gov and search docket DOT-OST-2026-3664. The comment period runs 30 days from the Oct. 1 Federal Register publication.
• Keep your comment short and real: what happened, how it affected your work, what would help.
• Have a medical condition that could affect a test? Keep records from your doctor up to date and handy.
• Owner-operator with your own authority? Make sure you are enrolled in a random testing program and registered in the Drug and Alcohol Clearinghouse.
• New carrier? Your drug and alcohol program is checked in your first safety review. Read our new entrant safety audit guide.
• Check the rest of your file with our owner-operator filing guide.

Need help getting your file in order? Call TCZ Permits at 956-526-6727.