Many employers are unsure whether they need to follow Department of Transportation drug testing rules. Getting this wrong can lead to fines and compliance problems, or unnecessary costs. Here’s how to tell the difference.
Who is covered by DOT rules?
DOT drug and alcohol testing applies to safety-sensitive employees in transportation industries regulated by DOT agencies, including:
- FMCSA: Commercial motor vehicle drivers who need a CDL
- FAA: Pilots, flight attendants, mechanics, and air traffic controllers
- FRA: Railroad workers
- FTA: Public transit workers
- PHMSA: Pipeline workers
- USCG: Certain maritime crew members
If your company employs even one CDL driver who operates a commercial motor vehicle requiring a CDL, you likely have DOT testing obligations.
What DOT testing requires
DOT testing follows strict federal rules in 49 CFR Part 40:
- A specific drug panel that cannot be changed
- Federal custody and control forms
- HHS-certified laboratories
- Medical Review Officer review
- Required testing types: pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up
- Random testing at federally set minimum rates
- For FMCSA employers, queries and reporting through the Drug & Alcohol Clearinghouse
What non-DOT testing allows
Non-DOT testing, sometimes called “company authority” testing, gives employers more flexibility. You can choose your panel, decide which positions to test, and set your own random rates, within the limits of state and local law. Non-DOT tests must never use DOT forms.
Can you have both?
Yes. Many companies test CDL drivers under DOT rules and test other employees under a separate company policy. Keep the programs clearly separated in your policy and records.
Return-to-duty and follow-up testing
Under DOT rules, an employee who violates drug or alcohol rules must complete the Substance Abuse Professional process, pass a return-to-duty test, and complete follow-up testing before returning to safety-sensitive work.
Elite Services knows DOT
Elite Services Workplace Screening specializes in DOT compliance as well as non-DOT programs for private companies and government agencies. We’ll help you determine which rules apply and set up programs that keep you audit-ready.
Ready to protect your workplace? Elite Services Workplace Screening provides nationwide drug testing, DOT compliance, background searches, MVRs, and E-Verify. Call 888-738-9297 or contact us online to get started.
This article is for general information only and is not legal advice. Laws and regulations change; consult qualified counsel about your specific situation.