Transportation Department
Doc #2026-09290
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Published
May 11, 2026
Summary
The U.S. Department of Transportation revises its drug and alcohol testing procedures to require a directly observed urine collection in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available. The rule also updates terminology in these procedures consistent with Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
Constitutional Analysis
Fourth Amendment – Search and Seizure
restricts
80% confidence
The requirement for directly observed urine collection may infringe on individuals' reasonable expectation of privacy.
Case Law:
Skinner v. Railway Labor Executives' Ass'n (1989)
National Treasury Employees Union v. Von Raab (1989)