2026 brought several changes, and a few non-changes, that DOT-regulated employers should understand. Some are already in effect, such as the new Federal Custody and Control Form. Others are still proposed or waiting on laboratory capacity, such as fentanyl testing and oral fluid testing. This article summarizes where each item stands as of late September 2026 and links to the official sources so you can confirm the current status.
Test Pro LLC is an independent testing and compliance services company. We are not affiliated with DOT or FMCSA. Always confirm current requirements on the official ODAPC and FMCSA websites.
Quick summary for 2026
- New 2026 Federal CCF: in effect since April 27, 2026. The 2023 version may still be used until May 31, 2027.
- Oral fluid testing: authorized in the rules, but not usable yet because HHS has not certified any oral fluid laboratories.
- Fentanyl: added to the HHS federal drug testing panels in 2025, but DOT's proposal to add it to DOT testing had not been finalized as of this writing.
- Clearinghouse identity verification: new employer, C/TPA, MRO and SAP registrants must complete identity verification starting April 27, 2026.
- FMCSA random testing rates: unchanged for 2026 at 50% for drugs and 10% for alcohol.
- Marijuana: still a prohibited drug for DOT testing. Federal rescheduling is partial and has not changed DOT testing.
The new 2026 Federal Custody and Control Form
HHS announced in May 2026 that the Office of Management and Budget had approved a revised Federal Custody and Control Form (CCF). According to the ODAPC notice, the 2026 CCF became effective April 27, 2026. Collectors and laboratories may keep using the 2023 CCF until May 31, 2027 without a memorandum for the record. After that date, using an old form requires a memorandum for the record.
The changes are mostly administrative, such as removing the drug-name checkboxes from Step 1F and simplifying some donor contact fields in Step 5. Employers generally do not need to do anything except make sure their collection sites and laboratory accounts are ready for the new form. Read the full breakdown in New 2026 Federal CCF: What Changed for DOT Drug Testing?
Oral fluid testing: authorized, but still not available
DOT's rule allowing oral fluid (saliva) drug testing took effect June 1, 2023. However, DOT employers cannot use oral fluid testing until HHS certifies at least two laboratories for oral fluid, one to test the primary specimen and a different one to test the split. HHS's list of certified laboratories published September 1, 2026 still showed no certified oral fluid laboratories.
In May 2026, DOT issued a final rule, effective June 10, 2026, that covers the gap. When Part 40 would call for an oral fluid collection that cannot yet be performed, the collection must be a directly observed urine collection instead. The same rule updated some terminology in the observed-collection sections. For now, plan on DOT drug testing continuing to use urine.
Fentanyl: HHS has added it, DOT has proposed it
HHS added fentanyl and norfentanyl to the federal workplace drug testing panels effective July 7, 2025. DOT published a proposed rule in September 2025 to add fentanyl to the DOT testing panel. As of late September 2026, we have not found a DOT final rule, and the current Part 40 text does not include fentanyl. Watch for a DOT final rule and your laboratory's implementation date before assuming fentanyl is part of your DOT panel.
Clearinghouse identity verification for new registrants
Starting April 27, 2026, new FMCSA Drug & Alcohol Clearinghouse registrants in employer, C/TPA, MRO, SAP and assistant roles must sign in with Login.gov and then verify their identity by scanning a government-issued ID and taking a selfie in FMCSA's identity verification app. Drivers are not affected by this change. FMCSA says existing users will be asked to verify in a later phase. Details are in FMCSA Clearinghouse Identity Verification Changes for 2026.
FMCSA random testing rates stayed the same
For calendar year 2026, the FMCSA minimum annual random testing rates remain 50% of the average number of driver positions for drug testing and 10% for alcohol testing, as shown on the ODAPC random testing rates page. See 2026 FMCSA Random Drug Testing Rates for how to apply them.
Marijuana rescheduling has not changed DOT testing
In December 2025, a presidential executive order directed that marijuana be moved to Schedule III. In April 2026, a final rule moved only FDA-approved marijuana products and state-licensed medical marijuana to Schedule III, and a DEA hearing on rescheduling marijuana more broadly was still underway. ODAPC's marijuana notice says DOT testing does not change while the rescheduling process is incomplete. Marijuana remains on the DOT panel, and state-legal use, including in Washington, is not a legitimate medical explanation for a positive DOT test.
A reminder about SAP and return-to-duty practices
In March 2026, ODAPC published a notice reminding employers, C/TPAs and Substance Abuse Professionals (SAPs) of existing return-to-duty requirements. It did not create new rules. It raised concerns about SAPs who always recommend the minimum number of follow-up tests, online referral-only services, remote evaluations without live two-way audio and video, and SAPs practicing outside their credentials. Our DOT return-to-duty guide explains the full process.
Also still in effect: Clearinghouse CDL downgrades
Since November 18, 2024, state driver licensing agencies must remove the commercial driving privilege from drivers whose Clearinghouse status is "prohibited." Drivers get the privilege back after completing the return-to-duty process. This makes accurate Clearinghouse reporting and return-to-duty tracking even more important for employers.
What employers should do now
- Confirm your collection sites and laboratory account are using or ready for the 2026 CCF.
- Keep DOT and non-DOT testing separate, and do not add fentanyl or other drugs to DOT tests on your own.
- Make sure your company's Clearinghouse users know about the identity verification process, especially when adding a new user.
- Check that your random selections meet the 50% drug and 10% alcohol minimums for 2026.
- Review your DOT drug testing records so they are ready for an audit.
Frequently Asked Questions
Can we still use the 2023 CCF in 2026?
Yes. ODAPC says the 2023 CCF can be used until May 31, 2027 without a memorandum for the record. After that, a memorandum for the record is required when an old form is used.
Are DOT drug tests now using saliva?
No. Oral fluid testing is authorized in Part 40, but it cannot be used until HHS certifies at least two oral fluid laboratories, and none had been certified as of September 2026.
Is fentanyl part of the DOT drug panel in 2026?
Not yet. HHS added fentanyl to the federal panels in 2025, and DOT proposed adding it in September 2025, but we have not found a DOT final rule as of late September 2026.
Did FMCSA change the random testing rate for 2026?
No. The 2026 minimum rates are 50% for drugs and 10% for alcohol, the same as the prior year.
Need help keeping up?
Test Pro LLC helps Washington motor carriers and owner-operators with DOT drug testing, random consortium enrollment and Clearinghouse support. Book an appointment or contact Test Pro LLC with your questions.