DOT Drug And Alcohol Testing

D.O.T. Compliance Program

Lab Express is a professional at establishing and administering DOT-compliant testing programs for any business in the transportation industry. We’re a consortium and third-party administrator, and we can manage your entire drug testing process from start to finish.

We strictly adhere to DOT compliance standards in all of our testing which means, when you use Lab Express, you can rest assured that your program will pass a DOT audit at any time. If you have employees fulfilling safety-sensitive roles within your business, we will help you develop a drug-free workplace program so that you and your staff are prepared for even random urine and breath alcohol tests requested by DOT.

Our comprehensive program includes:

Drug and Alcohol Testing Policies and Instructions for implementing your program.
A DOT compliant written policy
Pre-employment, post accident, random and reasonable suspicious drug testing
Consortium / random testing services
Federal Custody and Control Forms (CCF)
Supervisor Training
Audit Support
Medical Review Officer
Specimen Collection Services
SAMHSA Certified Laboratory Accounts

Which substances are tested?

DOT drug tests require laboratory testing for the following five classes of drugs:

Marihuana (THC)
Cocaine (COC)
Phenciclidine (PCP)
Amphetamines (AMP)
Opiates (OPI)

What Happens if I Refuse to Take a DOT Drug Test?

If an applicant refuses the DOT drug test or tests positive, they will not be hired for that position. If any existing safety-sensitive employee returns positive results in a drug or alcohol test, or refuses to take a random drug test or post-accident test, they will not be allowed to return to work and perform safety-sensitive duties, and can perhaps be fired.

However, there are some cases where employees may be allowed to return to work after they have seen a substance abuse professional (SAP), have been provided treatment and/or education and successfully completed a negative return-to-duty DOT drug test.

DOT Rule 49 CFR Part 40

The specific Department of Transportation rule concerning drug and alcohol testing for safety-sensitive employees is rule 49 CFR Part 40. This rule specifies that DOT drug and alcohol tests must be analyzed by a SAMHSA (Substance Abuse and Mental Health Services Administration) certified laboratory, and reviewed by a MRO (Medical Review Officer), and must be done on a federal “chain of custody” form. Lab Express can handle all of this for you.

Not only do we provide the services mentioned above, we also provide reasonable suspicion testing, post-accident testing and 24/7 emergency drug test collections. If you need a DOT drug test and you want to be sure you are in compliance, contact Lab Express today.

Guidelines for Safety-Sensitive Employees

A safety-sensitive employee can be anything from a pilot or flight attendant, to a bus driver or boat captain. As a safety-sensitive employee, there are much more strict behavioral requirements than other industries of employment, and certain conduct is prohibited by DOT regulations.

Employees are not permitted to use or even possess alcohol or illegal drugs while executing safety-sensitive functions, or while assigned to perform safety-sensitive tasks or roles. Employees are not permitted to consume alcohol within 4 hours of reporting for duty, or after receiving notice to report to duty. For flight attendants and flight crew members, it is 8 hours prior to reporting for service that they are prohibited from consuming alcohol.

Some of the restrictions are more common among other industries as well, like employees must not report for service, or remain working, when using a controlled substance, unless of course it is used in accordance with an authorized medical practitioner’s instructions. Obviously, if an employee is impaired by or under the influence of alcohol, or has used an illegal drug, then they are prohibited from reporting for duty, or remaining on duty.

Even if an employee has consumed alcohol the day prior to reporting for duty, if they still have a blood alcohol concentration (BAC) or breath alcohol level of 0.04 or more, or in some regulations 0.02 to 0.039, then they are not permitted to report for duty until their next scheduled service period. Employees cannot refuse to submit to any test for drugs or alcohol, or, of course, alter it in any way, or adulterate or substitute their specimen.

Safety-sensitive employees are subject to drug or alcohol testing in the following situations:

Pre-employment
Reasonable suspicion

Random
Return-to-duty

Follow-up
Post-accident

For Employers

Employers of drivers operating CMVs that require a commercial driver’s license (CDL) or commercial driver’s permit (CLP) are required to implement and conduct a drug and alcohol use testing program that complies with FMCSA and DOT requirements.

Employers will be required to query the Clearinghouse and request drug and alcohol testing histories from previous employers (going back three years) until January 6, 2023. The Clearinghouse query will then replace the need for an employer to request employment history, going forward.

The FMCSA Clearinghouse brings the following new requirements for employers:

Registration - FMCSA regulated employers must register their company with the Clearinghouse, starting right now. The database will pull your company information from other FMCSA systems using your USDOT number. Registration is free.

Designate your C/TPA - Once registration is complete, employers that work with one or more consortia/third-party administrator(s) (C/TPAs), will be required to designate them in the Clearinghouse before they can access the Clearinghouse database on the employer's behalf. Employers will also be able to invite “assistants” or other employees who will access the Clearinghouse on the company’s behalf, inviting them to register as part of the company or organization.

Pre-Employment Screening - Employers will be required to run detailed database queries to make sure applicants they are planning to hire for regulated positions do not have outstanding positive test results.

Annual Screening - Employers will be required to run limited database queries for current drivers at least once a year to determine whether any information exists in the Clearinghouse about those employees. If the limited query returns any results, a detailed database query will then be required.

Employers must also:

Purchase a database Query Plan from the FMCSA that best fits your company’s needs.
Be sure CDL information (number & state of origin) is in a driver file and easily accessible.
Implement changes to your hiring process that includes consent from drivers to do an initial detailed query and include the details for which an employer will report results to the Clearinghouse.
Report drug and alcohol testing violations to the Clearinghouse, including alcohol test results with a concentration of .04 or greater, refusals to take a drug or alcohol test, and any actual knowledge of a violation. Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver’s follow-up testing plan. This information must be reported by the close of the third business day after the employer is informed.
Train your Designated Employer Representative (DER) and safety officers on the required documentation for reporting “actual knowledge” of drugs or alcohol use while operating a Commercial Motor Vehicle (CMV).

Owner-Operator Consortium Program

An owner-operator or employer who employs themselves as a driver must comply with FMCSA drug and alcohol requirements that apply to both employers and drivers. Owner-operators are required to work with at least one consortia/third-party administrator (C/TPA).

Owner-operators are required to designate their C/TPA(s) in the Clearinghouse before they can access the Clearinghouse database on their behalf. Owner-operators will also be able to invite “assistants” or other employees who will access the Clearinghouse on the company’s behalf, inviting them to register as part of the company.

As an owner-operator, you are required by the Department of Transportation to meet certain drug and alcohol testing requirements for compliance. This includes registering for a DOT consortium program.

Pre-employment drug testing
Enrollment into random testing consortium
Enrollment certificate
MRO certified testing results

DOT Testing Requirements

DOT testing requirements for DOT FMCSA programs include:

Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV.
Post-accident – Drug and alcohol tests may be required after crashes according to the FMCSA criteria.
Return-to-duty – Required for drivers who tested positive, refused, or otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and who have completed the return-to-duty process with a DOT-qualified substance abuse professional. This test is directly observed, and a negative result is required before resuming driving duties.
Follow-up – This testing is prescribed by the substance abuse professional for a minimum of six directly observed tests in 12 months but can be extended an additional four years.

Random Drug Testing for FMCSA

DOT regulations mandate that the company establish a drug and alcohol testing program. The FMCSA annual rate for drug testing must be 50% and the rate for alcohol testing must be 10%, based on the average number of driver positions.

Selection must be made by a scientifically valid method and testing must be spread reasonably throughout the calendar year. If the company conducts testing through a consortium, the number of drivers to be tested may be calculated based on the total number of drivers covered by the consortium.

Random alcohol testing shall only be conducted on a driver while on duty, just before driving, or just after driving.

Owners operators must be enrolled in a random testing consortium. An FMCSA random testing consortium will help you easily manage the random testing process for compliance with regulations.

Reasonable Suspicion Drug Testing

Reasonable suspicion drug testing for FMCSA is another necessity. The company may require a driver to submit to a drug or alcohol test when reasonable suspicion exists that the driver has violated the drug use or alcohol misuse prohibitions contained in the regulations. The determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.

Supervisor training is a requirement of an FMCSA DOT-compliant drug and alcohol program. The company official who makes the determination that reasonable suspicion exists must receive at least 60 minutes of training on drug use and at least an additional 60 minutes of training on alcohol misuse. The person who determines that reasonable suspicion exists must not conduct an alcohol test.

Alcohol testing for reasonable suspicion is authorized only if the observations are made and the test conducted while the driver is on duty, just before driving, or just after driving.

FMCSA Required Training

If you operate vehicles that require a CDL on the public roads and you have more than one employee in the company, you are required to get DOT Supervisor Training. Owner-operators are not subject to DOT supervisor training. However, owner-operators are still required to register with a consortium for DOT drug and alcohol testing.

The DOT requires supervisors of commercial motor vehicle drivers who operate vehicles that require a commercial driver license to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use (120 minutes in total). The purpose of this training is to teach supervisors to identify circumstances and indicators that may create a reasonable suspicion that a driver is using or under the influence of alcohol or drugs, supporting the referral of an employee for testing.

FMCSA regulated employers must provide to their drivers educational materials, policies and procedures regarding the FMCSA DOT regulations on drug use and alcohol use.

The Six Main DOT Industries that Require Drug and Alcohol Testing

1) FAA – The aviation industry, or Federal Aviation Administration

FAA regulated employees, which include, but not limited to air traffic controllers, aircraft maintenance personnel, aircraft dispatchers, air tour operators, ground security, flight instructors, flight crews, and flight attendants.

2) FMCSA – Commercial Motor Carriers, or Federal Motor Carrier Safety Administration (FMCSA)

Some examples of FMCSA regulated positions: drivers of vehicles required to display a DOT placard when transporting hazardous materials, vehicles that carry over 16 passengers including the driver, and CDL (Commercial Driver License) holders who operate commercial vehicle that weigh a minimun of 26,001 Lbs.

3) USCG – United States Coast Guard (USCG)

An agency of the United States Department of Homeland Security follows DOT regulations for drug and alcohol testing. Regulated employees include boat captains and as well as any crew members operating commercial vessels.

4) PHMSA – Pipeline industry, or members of the Pipeline and Hazardous Materials Safety Administration

For oil and gas companies working on pipeline, which includes operations, maintenance and emergency response, operators and their contractors are required to submit to DOT compliant testing.

5) FRA – Railroad industry

This includes members of employees of railroads including, Hours of Service Act (HSA) personnel, train and engine, and signal service or train dispatchers. Employees are also required to be in a FRA MOW drug & alcohol testing program.

6) FTA – Transit industry or members of the Federal Transit Administration (FTA)

This DOT agency includes vehicle mechanics, controllers, operators and armed security.

DOT Drug Testing

DOT Drug Testing

D.O.T. Compliance Program

DOT Drug & Alcohol Tests

What Happens if I Refuse to Take a DOT Drug Test?

Owner-Operator Consortium Program