Drug testing is a big part of maintaining safety on the job, especially in DOT-covered, safety-sensitive roles. But when it comes to direct observation collections, things can get complicated. The process is already sensitive. Now, with Executive Order 14168 in play, the conversation is getting even more complex, particularly for transgender and nonbinary employees.
At Quick Screen, we believe in compliance that doesn’t compromise human dignity. Here’s what employers need to know about how this executive order could shake up current DOT drug testing procedures, and what to do about it in the meantime.
Direct observation means a trained observer watches the employee provide a urine sample in real time. It’s not the default testing method, it’s only used when there’s a specific reason, like:
According to DOT regulations (49 CFR § 40.67(g)), the observer must be the same gender as the employee, not necessarily the collector. This is where things get tricky for transgender or nonbinary employees.
So, Can You Use It Yet?
DOT allows employees to self-identify their gender to determine who should observe the collection. This provides flexibility and privacy and supports gender inclusivity.
But if a same-gender observer isn’t available or the employee identifies as transgender or nonbinary, then oral fluid testing is the backup.
Here’s what happens in those cases:
a. Perform an oral fluid collection (if possible), or
b. Refer the employee to a different collection site that can accommodate them.
Sounds like a good solution, doesn’t it? It is, but here’s the catch…
Yes, DOT-approved oral fluid testing is technically allowed on paper, but it’s not operational yet.
Why?
That means the oral fluid alternative for observed collections isn’t actionable today, even in cases where it’s the most respectful and inclusive option.
In January 2025, the White House introduced Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
It proposes redefining gender across all federal guidelines based strictly on biological sex assigned at birth, not gender identity. This could have a serious ripple effect on existing DOT policies that currently accommodate transgender and nonbinary employees.
If enforced, this could mean:
This isn’t just a legal issue, it’s a people’s issue. For transgender and nonbinary employees, being required to undergo a directly observed urine test by someone they don’t identify with can lead to:
Until oral fluid testing is fully certified and available, many employers are stuck between a regulatory gap and an HR minefield.
You can’t fix federal policy, but you can prepare your team and protect your people. Here’s what we recommend:
Executive Order 14168 could completely change how gender is handled in DOT drug testing. For now, nothing is set in stone and until oral fluid testing becomes fully available; employers must continue balancing regulatory compliance with respect for individual identities.
Quick Screen helps businesses get that balance right. If you’re not sure how your current policy stacks up or needs help prepping for changes, let’s talk.
Contact our compliance team to review your standing orders and prepare for what’s next.
