Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
FMCSA Keeps Random Drug & Alcohol Testing Rates the Same for 2026
On January 8, 2026, the U.S. Department of Transportation announced what many of us in the industry expected: the minimum random drug testing rate for CDL drivers remains at 50%, with alcohol testing holding steady at 10%.If you're keeping score at home, that's six consecutive years at these rates since FMCSA bumped them up from 25% in January 2020. And based on the numbers coming out of the Drug & Alcohol Clearinghouse, don't expect that to change anytime soon.Why the Rate Stays Where It IsHere
DOT Proposes Adding Fentanyl to Drug Testing Panel
In a significant move to address the escalating opioid crisis, the U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) to amend its drug-testing regulations under 49 CFR Part 40. Published in the Federal Register on September 2, 2025, the proposal aims to add fentanyl—a potent synthetic opioid—and its metabolite norfentanyl to the DOT's drug testing panels for both urine and oral fluid specimens. This change comes amid rising overdose deaths linked to fentan
Brandon Wiseman
SCOTUS opens the door for truckers to sue over mislabeled CBD products
On April 2, 2025, the U.S. Supreme Court issued a 5-4 decision in Medical Marijuana, Inc. v. Horn, an important case with implications for regulated trucking. The Court ruled that a commercial truck driver could seek treble damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) for financial losses (i.e., being out of a job) resulting from a mislabeled CBD product that led to a positive drug test and his termination.NEW Supreme Court ruling on CBD & truckers | What drivers n
Brandon Wiseman
DQ, Personnel, and Drug & Alcohol Testing Files: Understanding the distinction
Managing compliance for regulated drivers in the trucking industry involves a myriad of record-keeping requirements. Among the most important are the Driver Qualification (DQ) File, the Personnel File, and the Drug & Alcohol Testing File. While these files serve different purposes, confusion about their distinctions and proper maintenance can lead to compliance issues and penalties. This article will explore each file type, explain why it is essential to keep them separate, and provide best prac
Brandon Wiseman
What You Need to Know About the Clearinghouse II Roll Out by FMCSA
In an effort to close gaps in federal drug & alcohol testing regulations, the Federal Motor Carrier Safety Administration (FMCSA) will soon roll out Clearinghouse Phase II—a significant change to the manner in which driver drug & alcohol violation data is accessed and utilized by State Driver's Licensing Agencies (SDLAs). BIG changes in store for the Drug & Alcohol Clearinghouse!Effective November 18, 2024, FMCSA, the federal agency charged with regulating the operation of commercial drivers an
Brandon Wiseman
Trucksafe joins CCJ to discuss impact of marijuana rescheduling for trucking
Trucksafe’s Brandon Wiseman recently joined CCJ’s 10-44 podcast to discuss how the Drug Enforcement Administration’s proposal to reschedule marijuana as a Schedule III drug could impact DOT drug testing. Check out the article here or the video below!
How drivers return to duty following a drug or alcohol violation
As of February 2024, there are over 163,000 CDL drivers in so-called “prohibited status” in the FMCSA’s Drug & Alcohol Clearinghouse, meaning they are prohibited from operating commercial vehicles due to a drug or alcohol violation. Of those 163,000+ drivers, 76% have not even started the regulatory process through which they could get back to driving. That process, known as return-to-duty (RTD), is meant to rehabilitate drivers through evaluation, education, and follow-up testing. It’s what we’
Brandon Wiseman
Drug & alcohol testing for student drivers
The first foray into trucking for many commercial drivers is some type of truck driving or CDL school. These institutions provide a valuable service and mission-critical training to these prospective drivers, helping to ensure they are equipped with the foundational knowledge and skills to safely operate large trucks and buses. CDL schools took on an even more prominent role in the industry with the Entry Level Driver Training (ELDT) rules that took effect in 2022. One question you'll occasional
Brandon Wiseman
Wiseman joins FreightWaves to discuss the Drug/Alcohol Clearinghouse
Trucksafe's president Brandon Wiseman recently joined FreightWaves to discuss the federal Drug & Alcohol Clearinghouse, including who is required to use it, how it functions, and what the most recent data says about drug/alcohol use among commercial drivers. Check out the replay below. About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through pe
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