DOT Drug Testing – DOT wide regulation

DOT Drug Testing

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. Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry.

What employees Need to Know about DOT Drug & Alcohol Testing

What are the different reasons to get a DOT drug test?

There are five reasons in which an employer must request a drug test using federal authority:
  • Pre-employment
  • Random
  • Post-Accident (Health Street provides this 24 hours a day, 365 days per year)
  • Reasonable Suspicion (also available 24 hours a day, 365 days per year)
  • Return to Duty (after someone has failed a DOT drug test, they must pass a “return to duty” drug test before working again)

What substances are tested in a DOT urine drug test?

  • Amphetamines, MDMA, and 6AM
  • Marijuana (THC)
  • Opiates including Heroin, Codeine and Morphine
  • Cocaine
  • Phencyclidine (PCP)

DOT drug testing rules specify confirmatory testing for any non-negative screens, including the above drugs, plus methamphetamines, ecstasy, and molly. The opiate class includes heroin, morphine and codeine, but it does not include prescription opiates like hydrocodone and oxycodone.

Prescription drugs and safety-sensitive employees

Individuals who drive commercial motor vehicles may not use habit-forming drugs, narcotics or amphetamines. However, if a driver is prescribed one of these substances by a licensed medical practitioner, it may be allowed. The medical doctor must be familiar with the driver’s medical history and confirm that the prescribed drug will not adversely affect the driver’s ability to operate the vehicle safely.

Failed tests and refusals

  • If an applicant for employment refuses a drug test or tests positive, they are not permitted to perform safety-sensitive duties. Already hired employees who test positive (or refuse a test) may not return to employment that entails safety-sensitive duties until they are seen a substance abuse professional (SAP) and have successfully complete return-to-duty drug testing.
  • MIS reports for DOT compliance
  • If a test comes back positive, we will specify the specific drug metabolites being used. You will need this, since employers must report the number of verified positive drug tests on their annual MIS reports upon DOT request.