Will the rates of drug testing be different in 2026?
The proportion of drivers who must submit to random drug testing will not change for the sixth consecutive year. The U.S. Department of Transportation revealed the minimum testing rates set for department agencies in 2026 on Thursday, January 8. The minimum random drug testing rate for jobs covered by the Federal Motor Carrier Safety Administration will continue to be 50% of the average number of driver positions. According to the agency, the minimum yearly percentage rate for random alcohol testing will stay at 10% of the average number of driver positions chosen for testing, just as it did in 2025.
The minimum percentage for random drug testing was raised from 25% to 50% in 2020.
The FMCSA administrator must raise the minimum annual random testing percentage rate when the agency’s Management Information System reports data for any calendar year that show a positive rate of 1% or above, according to a 2001 final regulation. The FMCSA randomly chooses participants each year to disclose their drug test results, which carriers must keep for five years. This is where the reported data originates. The organization “expects a 100% response rate” from individuals chosen to submit their results from the prior year. If the motor carrier does not report, they risk fines of up to $1,000 each day. On the other hand, the random drug testing percentage may drop if it drops below the 1% level. Federal regulations, however, stipulate that findings must demonstrate a positive rate for restricted substances of less than 1% for two consecutive calendar years before that can occur. The FMCSA administrator then “has the ability to reduce the annual testing rate to a minimum of 25% of a carrier’s driver jobs.” The government reduced the yearly drug testing percentage to 25% in 2016, marking the most recent reduction.
Additional possible modifications to the laws governing drug testing
Although the rates of random testing will not alter in 2026, several additional developments might occur in the upcoming year. In fact, the anticipated timescales for a number of regulatory changes have fluctuated over time. In order to “allow federal executive branch agencies to collect and test a hair specimen as part of their drug testing programs with the limitation that hair specimens be used for pre-employment and random testing,” the U.S. Department of Health and Human Services released a notice of proposed rulemaking in September 2020. The most recent amended version is anticipated to be published in the Federal Register in October 2025. HHS has kicked the can down the road multiple times since that initial plan. That deadline has long since passed, and we have yet to see an updated plan. The information sent to the Drug and Alcohol Clearinghouse may possibly alter in the upcoming year. The FMCSA stated that it plans to change the present laws by “raising the availability of driver infraction information in the Drug and Alcohol Clearinghouse to keep risky drivers off the road,” however it is unclear exactly what the proposal would entail. The organization also stated that it would seek to “improve the efficiency of certain Clearinghouse processes to provide increased flexibility for drivers and employers, and further align Clearinghouse rules with underlying drug and alcohol use and testing regulations to improve compliance with, and enforcement of, these requirements.”
