FAQ's

What is the difference between a DOT and non-DOT drug screen? How do I know when to administer a DOT drug test versus a non-DOT drug test? What laboratories may be used for DOT drug testing? What is HHS? How do employees know they are taking a federal or a private company drug test? How do employees know they are taking a federal or a private company alcohol test? What is a Consortium / Third-party administrator (C/TPA)? What is a MRO? What is a MRO's responsibilities? What qualifies as "reasonable suspicion"? In the event of an accident, when is a driver required to go for a post-accident drug and alcohol test? What is chain of custody? When will employees be tested according to DOT regulations? Will I lose my job if I test positive or refuse a test? What is a CDL? As an employee or employer, how do I know if I am subject to DOT testing? Industry Acronyms

What is the difference between a DOT and non-DOT drug screen?

A DOT, or federal, drug screen is one that is required of all CDL holding drivers. Rather than the collection of a single specimen, it requires a backup specimen, or a "split" specimen. To be considered a valid test it also requires the approval of a medical review officer (MRO).

Non-DOT testing can be identical to testing completed under DOT requirements, if it is on a non-federal drug testing form. Such testing should be specifically identified in a company's substance abuse policy, and not construed to be required under DOT testing requirements listed in 49 CFR Part 382 and 40.

• 49 CFR 40.13 (a) DOT tests must be completely separate from non-DOT tests in all respects.

How do I know when to administer a DOT drug test versus a non-DOT drug test?

Any employee who does not drive, or who drives a vehicle weighing less than 26,001 lbs. without placardable hazmat should get a non-DOT drug test. All CDL drivers (anyone driving a vehicle of over 26,000 pounds and/or transporting placardable hazmat) are required to get a DOT drug screen.

What laboratories may be used for DOT drug testing?

49 CFR 40.81 (a) As a drug testing laboratory located in the U.S., you are permitted to participate in DOT drug testing only if you are certified by HHS under the National Laboratory Certification Program (NLCP) for all testing required under this part.

What is HHS?

49 CFR 40.3 HHS is the Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

How do employees know they are taking a federal or a private company drug test?

All DOT drug tests are completed using the Federal Drug Testing Custody and Control Form which appears at the top of each form.

How do employees know they are taking a federal or a private company alcohol test?

All DOT alcohol tests are documented via a form with the words Department of Transportation at the top.

What is a Consortium / Third-party administrator (C/TPA)?

49 CFR 40.3 [C/TPA] A service agent who provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks associated with the operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. C/TPAs are not "employers" for purposes of this part.

What is a MRO?

A Medical Review Officer (MRO) is a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.

What is a MRO's responsibilities?

An MRO acts as an independent and impartial "gatekeeper" and advocate for the accuracy and integrity of the drug testing process. MROs provide quality assurance review of the drug testing process for the specimens under their purview, determine if there is a legitimate medical explanation for laboratory confirmed positive, adulterated, substituted and invalid drug test results, ensure the timely flow of test result and other information to employers and protect the confidentiality of the drug test information.

What qualifies as "reasonable suspicion"?

In order for an employee to receive a reasonable suspicion drug test, a supervisor must directly observe suspicious behavior that would indicate drug or alcohol use. This includes behavior, appearance, and odors that indicate improper use of drugs or alcohol. Testimony from another employee who is not a supervisor does not justify a reasonable suspicion test. A supervisor must complete training before being in a position to make a reasonable suspicion determination.

In the event of an accident, when is a driver required to go for a post-accident drug and alcohol test?

A driver is required to report for a post-accident drug and alcohol test if there are (1) any fatalities involved in the accident (2) any injuries and the commercial drivers receives a citation or (3) any vehicles towed for the scene and a driver receives a citation. If there are injuries or towed vehicles, but your driver is not cited, a drug/alcohol test is not necessary. If one is completed, but not required under this DOT standard, the test should be performed on a non-federal chain of custody form.

What is chain of custody?

Chain of custody is the procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).

When will employees be tested according to DOT regulations?

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

• Pre-employment^*
• Reasonable Suspicion/Cause
• Random
• Return-to-duty
• Follow-up
• Post-Accident

^*Pre-employment: New hires are required to submit to a drug test. Employers may, but are not required to, conduct alcohol testing. Only after the employer receives a negative drug test result (and negative alcohol test result - if administered) may the employee begin performing safety-sensitive functions. This also applies if subject is a current employee transferring from a non-safety-sensitive function to a safety-sensitive position (even if it is the same employer).

Will I lose my job if I test positive or refuse a test?

The DOT regulations do not address hiring, termination, or other employment actions. These decisions are solely the employer's, which may be based on company policy and/or any collective bargaining agreements.

What is a CDL?

Commercial Driver's License.

CDL Classes
Class A - Any combination of vehicles with a GVWR^* of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 lbs.

Class B - Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C - Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.

^*GVWR = Gross Vehicle Weight Rating

As an employee or employer, how do I know if I am subject to DOT testing?

Generally, DOT regulations cover safety-sensitive transportation employers and employees. Each DOT agency (e.g. FRA, FMCSA, FTA, FAA, and PHMSA) and the USCG have specific drug and alcohol testing regulations that outline who is subject to their testing regulations.

Industry Acronyms

AAMRO = American Association of Medical Review Officers
A nationally recognized MRO certification board.

BAT = Breath Alcohol Technician
Instructs and assists employees in the alcohol testing process and operates an evidential breath testing device or a Breath Alcohol Test that is conducted by a Technician.

C/TPA = Consortium / Third-party administrator
A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employer's drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. C/TPAs are not "employers" for purposes of this part (Part 40).

CCF = Federal Drug Testing Custody and Control Form
Form used to collect and follow samples for drug testing.

CDL = Commercial Driver's License

DHHS = Department of Health and Human Services
The United States government's principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.

DOT = Department of Transportation
A Cabinet department of the United States government concerned with transport, established by an act of Congress on October 15, 1966. Began operation on April 1, 1967. Its mission is to "Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future."

EBT = Evidential Breath Testing Device
Device used to collect breath alcohol tests.

FAA = Federal Aviation Administration
An agency of the DOT with the authority to regulate and oversee all aspects of civil aviation in the U.S.

FMCSA = Federal Motor Carrier Safety Administration
Established as a separate administration within the DOT on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. Its primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.

FRA = Federal Railroad Administration
Created by the Department of Transportation Act of 1966. Its purpose is to promulgate and enforce rail safety regulations, administer railroad assistance programs, conduct research and development in support of improved railroad safety and national rail transportation policy,; provide for the rehabilitation of Northeast Corridor rail passenger service, and consolidate government support of rail transportation activities.

FTA = Federal Transit Administration
Provides financial and technical assistance to the local public transit systems.

MRO = Medical Review Officer
A person who is a licensed physician responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.

NHTSA = National Highway Traffic Safety Administration
An agency of the Executive Branch of the U.S. Government, part of the DOT. It describes its mission as "Save lives, prevent injuries, reduce vehicle-related crashes."

NIDA = National Institute on Drug Abuse
A United States research institute whose mission is to "lead the Nation in bringing the power of science to bear on drug abuse and addiction."

PHMSA = Pipeline and Hazardous Material Safety Administration
Within DOT, has public responsibilities for safe and secure movement of hazardous materials to industry and consumers by all transportation modes, including the nation's pipelines.

PHY = Physical Exam
Conducted for hiring purposes. DOT regulations may require certain CDL holders to have pre-employment exams and recertification exams on a periodic basis.

SAMHSA = Substance Abuse and Mental Health Services Administration
A branch of the DHHS, SAMHSA is the US Federal agency charged with improving the quality and availability of prevention, treatment, and rehabilitative services in order to reduce illness, death, disability, and cost to society resulting from substance abuse and mental illnesses.

SAT = Saliva Alcohol Test
Alcohol test conducted utilizing saliva instead of breath.

STT = Screening Test Technician
Person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device.

UDS = Urine Drug Screen

USCG = United States Coast Guard
A military, multi-mission, maritime service and one of the nation's five Armed Services. Its mission is to protect the public, the environment, and U.S. economic interests in the nation's ports and waterways, along the coast, on international waters, or in any maritime region as required to support national security.