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The U.S. Department of Transportation (DOT) requires certain workers in safety-sensitive transportation occupations to be drug and alcohol tested either before being hired or under various circumstances during employment. These regulations have been in place for more than 30 years, with several rule changes being implemented over the years.
There are many moving parts, so to speak, in a DOT Drug & Alcohol testing program. It’s best to work with a workforce solutions partner who can handle all the components of a compliant program for you from collection scheduling, training courses, collector courses for DOT and Non-DOT, as well as managing the actual drug testing.
When implementing or maintaining DOT Drug & Alcohol testing, there are key areas that employers should consider, which this article explains. These areas include where you can learn about the DOT regulations, how to educate employees, who is covered under DOT drug testing regulations, a guide to other important topics, and why these regulations exist. A provider who is truly a one-stop shop helps employers better create a safe and healthy work environment when employees understand why substance use at work negatively impacts safety-sensitive duties these jobs require.
What Are DOT Drug Testing Regulations?
49 CFR Part 40, also known as “Part 40,” is a Department of Transportation (DOT) regulation that outlines the procedures for conducting workplace drug and alcohol testing for federally regulated transportation industries. Part 40 includes procedures for specimen collection, testing, consequences for violations, and returning employees to safety-sensitive duties after a violation.
For some regulated employers and especially for affected employees, DOT drug and alcohol testing is a way of life rolled up in a mystery. The regulations vary somewhat from agency to agency. There are hundreds of pages that explain virtually every aspect of the regulations. Most employers and employees rely on drug testing providers to understand what is required and ensure that they are in compliance. However, regulated employers, covering industries like trucking, aviation, railroads, and mass transit, and their employees can review these regulations by visiting here.
How Can Employers Educate Their Employees About DOT Drug & Alcohol Testing?
One of the most helpful resources available from DOT’s Office of Drug and Alcohol Policy & Compliance (ODAPC) is a document entitled: “What Employees Need To Know About DOT Drug & Alcohol Testing.”
What Employees Need to Know is presented in question-and-answer format making it easy to find the information they are looking for and even easier to understand what is required.
The first page asks: “Just entering the transportation industry? Performing tasks defined by the US Department of Transportation (DOT) as safety-sensitive, such as working on pipelines, driving a truck, operating a ferry or a train, or repairing an airplane? Then, you are subject to DOT workplace drug & alcohol testing. Here are the basics you need to know about DOT’s program.” Then it launches into the essentials of the regulations as they pertain to covered employees.
In addition to ODAPC’s document, employers should consider enrolling both supervisors and employees in courses designed to educate workplaces on best practices for building and maintaining safe, healthy, and productive workforces and communities. Some of these courses include drug and alcohol awareness for employees. Other courses focus on educating supervisors on how to identify the signs and symptoms of drug use in the workplace.
Which Employees Are Covered Under DOT Drug & Alcohol Testing?
The DOT includes several safety-sensitive transportation modalities. Additionally, there are other regulated departments that follow guidelines under the DOT, for example, the United States Coast Guard (USCG). If you are unsure which modality your safety-sensitive employee falls under, visit the specific DOT modality or consult with a workplace drug testing policy expert to help guide your drug testing policy compliance.
Drug & Alcohol Program Manager Contact Information
- FAA Aviation (202) 267-8442 www.faa.gov
- FMCSA Motor Carrier (202) 366-2096 www.fmcsa.dot.gov
- FTA Public Transportation (617) 494-2395 www.transit.dot.gov
- FRA Railroads (202) 493-6313 www.railroads.dot.gov
- PHMSA Pipeline (909) 937-7232 www.phmsa.dot.gov
- U.S. Department of Homeland Security
- USCG Maritime (202) 372-1033 http://www.uscg.mil
Let’s consider two modalities for examples of the type of employees that are covered.
Who Is Covered Under Federal Motor Carrier Safety Administration (FMCSA) Regulations?
These are drivers with a “Commercial Driver’s License” (CDL) who operate Commercial Motor Vehicles, 26,001 lbs. Gross Vehicle Weight Rating (GVWR) or greater, or operate a vehicle that carries 16 passengers or more including the driver or required to display a DOT placard in the transportation of hazardous material.” (See FMCSA regulation at 49 CFR Part 382)
A handy footnote adds the following: “In some instances, states allow waivers from this qualification, such as operators of fire trucks and some farm equipment. Check with your state department of motor vehicles for more information.”
Who Is Covered By The Federal Aviation Administration (FAA) Regulations?
“Persons that perform safety-sensitive functions, directly or by contract (including subcontract at any tier), for a part 119 certificate holder authorized to conduct part 121 or 135 operations; air traffic control facilities not operated by the FAA or under contract to the U.S. military; and all operators as defined in 14 CFR Section 91.147. The safety-sensitive duties include flight crewmember, flight attendant, flight instructor, air traffic controller, aircraft dispatcher, aircraft maintenance or preventative maintenance, ground security coordinator, aviation screeners and operations control specialist.” (See FAA regulations at 14 CFR Part 120)
The following are samples of other important topics covered by the DOT Drugs & Alcohol Regulations that employers and employees should be aware of:
- What conduct is prohibited by the regulations?
- What drugs does DOT test for?
- Can I use prescribed medications & over-the-counter (OTC) drugs and perform safety-sensitive functions?
- When will I be tested?
- Pre-Employment
- Reasonable Suspicion/Cause
- Random 5 Post-Accident
- Return-to-duty
- Follow-Up
- How is a urine drug test administered?
- The Collection
- Testing at the Laboratory
- Review by the Medical Review Officer (MRO)
- How is an alcohol test administered?
- What happens if I test positive, refuse a test, or violate an agency-specific drug & alcohol rule?
- What are Substance Abuse Professionals (SAPs)?
- Will I lose my job if I violate drug & alcohol regulations?
- Will the results follow me to different employers?
Why Do These Regulations Exist?
Many covered employees may wonder why these regulations exist. This question is covered as well:
“The short answer is for the safety of the traveling public, co-workers and yourself. The longer answer is that the United States Congress recognized the need for a drug- and alcohol-free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT Agencies to implement drug & alcohol testing of safety-sensitive transportation employees.”
Regarding the integrity and consistency of the regulations, it explains: “The benefit to all affected by DOT regulations is that each agency’s regulations must adhere to DOT’s testing procedures found at 49 CFR Part 40, commonly known as ‘Part 40.’ For example, you may work in the rail industry and later work in the motor carrier industry, but the procedures for collecting, testing and reporting of your tests will be the same under Part 40.”
And for those who are struggling with a substance use disorder, the document provides helpful information in response to the question “What should I do if I have a drug or alcohol abuse problem?” the document states: “Seek help. Jobs performed by safety-sensitive transportation employees keep America’s people and economy moving. Your work is a vital part of everyday life. Yet, by abusing drugs or alcohol, you risk your own life, your co-workers lives and the lives of the public.”
It then provides information about Employee Assistance Programs (EAP), Voluntary Referral Programs, Peer Reporting Programs, and Education and Training Programs (as required by all agencies).
Conclusion
ODAPC is available to help answer questions by calling 202-366-DRUG (3784) or visiting their website at https://www.transportation.gov/odapc for frequently asked questions, official interpretations of the regulations and regulatory guidelines.
SureHire offers a variety of drug & alcohol testing services to help employers reduce the risk of impairment-related incidents and fatalities. Contact us to learn more about how we can help guide your drug testing program here.
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