DOT COMPLIANCE • EMPLOYER RESOURCES

DOT Oral Fluid Testing

Understand the federal requirements, plan your collection instructions, and submit standing orders for review by Carolina Testing.

Create & Submit DER Standing OrdersReview DOT Requirements

AVAILABILITY CHECKED OCTOBER 12, 2026

Permitted by regulation. Not yet available for DOT testing.

The September 30, 2026 HHS laboratory notice lists no certified oral fluid laboratories. DOT requires at least two HHS-certified oral fluid laboratories before employers can begin using this specimen type. A qualified collector and a conforming collection device must also be available.

Continue your compliant urine testing program. Standing orders submitted here are for planning and staff review. They do not authorize a DOT oral fluid collection or replace an existing collection instruction until Carolina Testing confirms activation in writing.

Check DOT’s Current Laboratory & Device List →

49 CFR PART 40

The requirements behind a DOT oral fluid test

Part 40 governs how a DOT drug test is performed. The employer’s agency rules still determine who is covered, when testing is required, and the program’s other obligations.

Observed collection & split specimens

Oral fluid is collected under direct observation. The process includes the required 10-minute wait, a Federal Custody and Control Form, and a split specimen for primary and possible reconfirmation testing. Collection, sealing, documentation, and shipment must follow Part 40.

§40.72 — preparation · §40.73 — collection and completion

Employer instructions & DER authority

The employer sets specimen preferences within the regulations; the employee does not choose the test type. A DER is an employer-authorized employee who can make required testing decisions. A service agent cannot act as the DER. Keep the DER’s contact details current and provide clear standing orders.

§40.3 — DER definition · §40.65 — standing orders for recollection

Problem collections

Out-of-range urine temperature or suspected tampering requires immediate recollection under the prescribed observed-urine or oral-fluid process. Collectors consult the standing order or contact the DER. Insufficient urine or oral fluid follows §40.193, including permitted specimen switches, time limits, and any required medical evaluation. Insufficient volume alone is not automatically a refusal.

§40.65 — specimen problems · §40.193 — insufficient specimen

Direct observation: the 2026 rule

Return-to-duty and follow-up testing requires direct observation. When a same-sex urine observer is unavailable, §40.67(g) specifies DER coordination and the transition to oral fluid. While oral fluid is unavailable, arrange an appropriate observer or alternate observed-urine site.

Once the second laboratory is certified, an ODAPC notice will identify an 18-month transition period. Read the current rule for readiness requirements and when oral fluid must be used.

§40.67 — current observation and transition requirements

AGENCY-SPECIFIC REQUIREMENTS

Apply the rules for your transportation program

A specimen preference does not change required testing reasons, deadlines, random rates, reporting, or return-to-duty obligations.

Program Governing agency rules Planning note
FMCSA 49 CFR Part 382 Covered commercial drivers; preserve Clearinghouse and employer testing obligations.
FAA 14 CFR Part 120 The two HHS-certified oral fluid laboratories must be in the United States (§40.67(g)(5); §120.123(a)).
FRA 49 CFR Part 219 FRA Subpart C post-accident toxicology has separate blood/urine requirements. These standing orders do not replace that process.
FTA 49 CFR Part 655 Apply the transit employer’s covered-function and testing requirements.
PHMSA 49 CFR Part 199 Apply the pipeline operator’s drug and alcohol program requirements.
USCG 46 CFR Parts 16 and 4 USCG is within Homeland Security; Part 40 treats it as a DOT agency for drug testing only. Maritime alcohol requirements are separate.

Official agency directory and regulation links →   FRA post-accident specimen requirements →

FOR DESIGNATED EMPLOYER REPRESENTATIVES

Create & submit standing orders

Use the form below to request new instructions, replace existing orders, or request revocation. Submit a separate request for each agency. Staff will verify your authority, review the instructions and collection arrangements, then confirm accepted orders and their effective date in writing.

Submission is not activation. For an immediate collection decision, an urgent change, or revocation, contact Carolina Testing directly. Do not use this form to report employee results or medical information.

Requests are sent to craig@carolinatesting.com. See our Privacy Notice. Keep the submission receipt and the final written activation with your program records.

Employer and DER details

Submit one request per DOT agency. No employee or medical information.
The DER must be reachable for collection instructions.
Select one agency. FRA Subpart C post-accident toxicology is excluded from these orders.
MM/DD/YYYY. A requested date does not activate orders. For revocation, identify the existing order in the notes and contact staff directly.

Routine collection instructions

Oral fluid selections are contingent on DOT availability and written Carolina Testing activation. Urine remains the fallback while oral fluid is unavailable. Return-to-duty and follow-up urine tests must be directly observed.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.
Agency-required tests cannot be waived. Select Not applicable only if this testing reason does not apply to your covered program.

Problem collections and mandatory procedures

49 CFR 40.65, 40.67 and 40.193 control. Do not terminate or delay a required collection merely because the preferred specimen type is unavailable.
Required immediate recollection and handling of the original specimen must follow 49 CFR 40.65.
Applies when the DER directs a required observed collection under 49 CFR 40.67. Follow applicable DOT and MRO instructions; specimen preferences cannot waive observation or delay a required collection. Oral fluid requires regulatory availability and written staff activation.
General standing-order planning only; do not identify any individual donor here. Gender identity alone does not trigger observation or mandate oral fluid testing under current 49 CFR 40.67. When observation is otherwise required, follow the same DOT procedures, including observer availability and DER coordination under 40.67(g). Oral fluid requires regulatory availability and written staff activation.
Follow all time limits, collection, and MRO referral requirements in 49 CFR 40.193.

No same-sex urine observer available: Follow 49 CFR 40.67(g). While oral fluid is unavailable, contact the DER to arrange a same-sex observer or an acceptable site for observed urine. Once oral fluid is available and applicable transition provisions permit or require it, this request authorizes oral fluid at a qualified site. Mandatory rules override contrary preferences.

Do not include employee names, results, medical information, SSNs, or passwords. Identify any existing order being replaced or revoked. Staff will resolve conflicting instructions before activation.

Need help planning your program?

We can help clarify your collection instructions and coordinate the next steps with your DER and testing providers.

Contact Carolina TestingExplore DOT Compliance

Regulatory overview reviewed October 12, 2026. Official regulations and agency instructions control; confirm current laboratory and operational availability before scheduling.