Regulations
WHAT EMPLOYERS NEED TO KNOW ABOUT DOT DRUG AND ALCOHOL TESTING
AS AN EMPLOYER, DO I HAVE TO DO DOT TESTING?
Yes, if you or your employees are subject to the DOT drug and alcohol testing regulations. The DOT Agencies and U.S. Coast Guard (USCG) have regulations that require certain employers to comply with drug and alcohol testing rules. The following chart sets out the general types of employers our rules cover:
DOT Agency | Regulation | Industry | |
FMCSA | Federal Motor Carrier Safety Administration | 49 CFR Part 382 | Motor Carrier |
FAA | Federal Aviation Administration | 14 CFR Part 120 | Air Carriers or operator and certain contract air traffic control towers |
FRA | Federal Railroad Administration | 49 CFR Part 219 | Rail |
FTA | Federal Transit Administration | 49 CFR Part 655 | Public Transportation |
PHMSA | Pipeline and Hazardous Materials Safety Administration (PHMSA) | 49 CFR Part 199 | Operator of pipeline facilities and contractors performing covered functions for the operator |
USCG | US Coast Guard (Department of Homeland Security) | 46 CFR Parts 4 & 16 | Maritime |
WHAT IS 49 CFR PART 40 AND HOW IS IT DIFFERENT FROM THE DOT AGENCY AND USCG REGULATIONS?
49 CFR Part 40, or ―Part 40‖ as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer. For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you.
WHAT EMPLOYERS NEED TO KNOW ABOUT DOT DRUG AND ALCOHOL TESTING
WHO ARE SAFETY-SENSITIVE EMPLOYEES AND WHY ARE THEY TESTED?
Pilots, truck drivers, subway operators, ship captains, pipeline controllers, airline mechanics, locomotive engineers, and bus drivers are just some of the transportation workers that we depend upon to be as clear-headed and as alert as possible at all times. As a safety agency, the DOT can demand nothing less. Use of illegal drugs and misuse of alcohol are not compatible with performing these vital functions. This table lists the types of safety-sensitive duties subject to DOT drug and alcohol testing:
PROGRAM POLICIES AND ASSIGNING RESPONSIBILITIES
Transportation Industry | Safety-Sensitive Duties |
Commercial Motor Carriers (FMCSA) | Commercial Drivers License (CDL) holders who operate a Commercial Motor Vehicle |
Aviation (FAA) | Flight crew, flight attendants, flight instructors; air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military, aircraft dispatchers; aircraft maintenance or preventative maintenance personnel; ground security coordinators and aviation screeners. |
Railroad (FRA) | Persons who perform duties subject to the Hours of Service laws; such as, locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators and train dispatchers. |
Public Transportation (FTA) | Operator of revenue service vehicles, CDL-holding operators of non-revenue service vehicle controllers, revenue service vehicle mechanics, firearm-carrying, security personnel. |
Pipeline (PHMSA) | Persons who perform operations, maintenance, or emergency response function on a pipeline or LNG facility regulated under part 192, 193, or 195. |
Martime (USCG) [Follows Part 40 for drug testing, not alcohol testing] | Crewmembers operating a commercial vessel. |
DO I NEED TO HAVE WRITTEN POLICIES THAT EXPLAIN MY PROGRAM?
Yes. The DOT Agencies and USCG require employers covered under their regulations to have policies in place that fully explain their drug and alcohol program. Not only must you have policies, but you must also make them available to employees covered under your DOT program.
WHAT TYPES OF DOT TESTS MUST I CONDUCT?
You must give employees the following kinds of tests, when called for by DOT Agency and USCG rules:
- Pre-employment
- Random
- Reasonable Suspicion / Reasonable Cause
- Post-Accident
- Return-to-Duty
- Follow-up
WHAT IS A DER AND WHAT DOES A DER DO?
The Designated Employer Representative (DER) is your key employee for many drug and alcohol program functions. The DER must be a company employee. DERs cannot be contractors or service agents. The only exception is when C/TPAs function as DERs for owner-operator truck drivers.
- DERs should be readily available.
- To ensure good coverage, a best practice is to have multiple DERs.
The DER gets test results from the Medical Review Officer (MRO) and Breath Alcohol Technician (BAT) and takes immediate action to remove employees from their safety-sensitive duties when they violate drug and alcohol testing rules, such as test positive or refuse a test. A company may have more than one DER to ensure adequate coverage on all shifts and at all locations, with perhaps a drug and alcohol program manager to coordinate the entire program and assure consistency among DERs. As an employer, you must give your service agents the DER contact information in case they need to speak directly with the DER without delay.
The DER should have knowledge of and authority to make decisions about the testing process and answer questions about it. Again, the primary job of the DER is to ensure the appropriate and timely removal of an employee from safety-sensitive duties.