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Employer FAQs

Employers of safety-sensitive transportation employees play a vital role in ensuring the safety of their employees and the traveling public.

These FAQ's responses do not substitute for the regulations found in 49 CFR Part 40 or any other DOT agency specific regulation. If you have a question about the DOT drug and alcohol testing program rules, read the regulatory text.

Which employees are subject to testing?

Each DOT Agency lists the safety-sensitive duties that must be tested. For a list of all safety-sensitive duties by DOT Agency, go here.

What types of specimens are collected for DOT testing?

For DOT drug testing, a urine specimen is collected and sent to a certified laboratory for analysis Only urine specimens are authorized, and devices that provide instant results are not authorized for DOT testing.For DOT alcohol testing, breath or saliva testing devices are approved for initial (screening) tests. A Breath testing device is required for all confirmation tests. The specimen is collected and analyzed by an approved alcohol testing device.

For what drugs are the urine specimens tested?

See 49 CFR Sections 40.85 and 40.87 for the list of drugs.

When are tests conducted?

Each DOT Agency identifies the types of tests required by their industry, which may be different. The following is a list of most commons types of testing:

Pre-employment testing: must occur prior to hire or transfer into a safety-sensitive function.

When are tests conducted?

Each DOT Agency identifies the types of tests required by their industry, which may be different. The following is a list of most commons types of testing:

Pre-employment testing: must occur prior to hire or transfer into a safety-sensitive function.

What is a refusal to test?

According to 49 CFR § 40.191 and 40.261, a refusal includes, but is not limited to:

- Failure to appear at the test collection site at the designated time or not at all.
- Failure to remain at the testing site until the collection is completed.
- Adulteration (a urine specimen containing a substance or a concentration of a substance inconsistent with human

How would I handle an employee's verified positive drug test, refusal to test, or alcohol violation?

Upon notification of a violation, you must immediately remove the employee from performing safety-sensitive duties.

You must provide the employee with a list of Substance Abuse Professionals (SAP), whether you decide to rehabilitate the employee or terminate employment.

The Medical Review Officer (MRO) reported a 'dilute' test results, what do I do now?

If the result is reported by the MRO to the employer as positive and dilute, the employer must treat the result as a verified positive test.

If the result is reported by the MRO to the employer as a negative and dilute with no MRO instructions for recollection under direct observation, the employer may accept the result as a "negative" test or may require the employee to

Am I required to report statistical drug and alcohol testing data annually to DOT?

Each DOT Agency identifies which employers must report an annual Management Information System (MIS) report. To find out if this applies to you, go to https://www.transportation.gov/odapc/MISreporting.

Employee FAQs

As an employee, you are responsible for providing a safe work environment for your co-workers and the traveling public.

Creating a safe work environment not only means following established work rules but also following the DOT's rules on drug use and alcohol misuse. The following questions and answers will help you better understand the DOT's drug and alcohol testing regulations, as well as, provide resources in the event you or your co-worker need help with a drug or alcohol abuse problem.

Why am I being tested?

After several significant transportation accidents, Congress passed the Omnibus Transportation Employee Testing Act of 1991, because they recognized the safety need for ensuring drug- and alcohol-free transportation employees. The "Act" required DOT Agencies to implement drug testing of safety-sensitive transportation employees in the aviation, trucking (including school bus drivers, and certain limousine and van drivers), railroads, mass transit, and pipelines industries. In 1994, DOT added alcohol testing requirements to its regulations.

What are the drug & alcohol testing rules and where do I find them?

The DOT agencies (the Federal Aviation Administration [aviation], the Federal Motor Carrier Safety Administration [trucking], the Federal Railroad Administration [rail], the Federal Transit Administration [mass transit] and the Pipeline and Hazardous Materials Safety Administration [pipeline]) and the United States Coast Guard (USCG) [maritime] each have industry specific regulations which in total cover approximately 12.1 million transportation employees who perform safety-sensitive functions. These regulations spell out who is subject to testing, when and in what circumstances.If you are an employer in the aviation, trucking, railroad, mass transit, pipeline or maritime industries, or if you have employees who perform DOT identified safety-sensitive positions, you must implement whichever regulation(s) apply.

When can I be tested?

Pre-employment testing
• Occurs prior to hire or transfer into a safety-sensitive function.
• The employer may choose to conduct pre-employment alcohol testing.
• Occurs prior to performing covered service for the railroad. A pre-employment drug test is a one-time requirement for the employee per employer. The employer may require pre-employment alcohol testing in addition to pre-

What specimens are collected for testing?

Testing for drugs:
• A urine specimen is collected and sent to a certified laboratory for analysis
• Devices that provide instant results are not authorized for DOT testing.
• Only urine specimens are authorized for DOT drug testing.

For what drugs will I be tested?

You will be tested for the following drugs:
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• Marijuana
• Cocaine
• Opioids (Codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone)

Can I use over-the-counter medications and perform covered functions?

Prescription medicine and OTC drugs are allowed; however, you must meet minimum standards:

• The medicine is prescribed to you by a licensed physician, such as your personal doctor.
• The treating/prescribing physician has made a good faith judgment that the use of the substance at the prescribed or authorized dosage level is consistent with the safe performance of your duties.

What is a refusal to test?

Refusals include, but are not limited to:
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• No-show (failure to appear at the test collection site at the designated time)
• Failure to remain at the testing site until the collection is completed
• Adulteration (urine specimen containing a substance or a concentration of a substance inconsistent with human urine)

Should I refused a test if I believe I was unfairly selected for testing?

A good rule of thumb is "comply, then complain." If you are instructed to submit to a DOT drug and/or alcohol test and you don't agree with the reason or rationale for the test, you should take the test.

Don't interfere with the testing process or refuse the test. Instead, after the test express your concerns about the testing event to your employer (for example, a detailed letter to your company or by an agreed upon grievance procedure if you are a member of labor organization). You can also express your concern to the Drug and Alcohol Program Manager for the DOT agency that regulates you and your employer.

What will happen to me if the lab identifies my specimen as positive, or as adulterated or substituted?

You will have the opportunity to speak directly with a Medical Review Officer (MRO). During your interview you will have an opportunity to provide information and/or medical documentation to explain/support why your specimen was positive, adulterated or substituted. Based on the information you provide, the MRO will "verify" your result by determining whether or not there is a legitimate medical reason for your test result. The MRO will report your result to your employer only after making this determination.

What will happen to me if I violate a DOT drug & alcohol rule (e.g. test positive, or refuse a test)?

Your employer is required to immediately remove you from performing safety-sensitive functions. You will not be permitted to return to DOT regulated safety-sensitive functions until you have:

• Undergone an evaluation by a Substance Abuse Professional (SAP). Your employer must provide you with a list of SAPs that you can use;

What is considered misuse of alcohol?

Misuse of alcohol is:

• Reporting for or remaining on duty with an alcohol concentration of 0.04 or greater
• Using or possessing alcohol while performing safety-sensitive functions
• Using alcohol within 4 hours of reporting for or receiving notice to report for duty (whichever is the lesser time

How do I find a Substance Abuse Professional (SAP) who is qualified to act in the USDOT drug and alcohol testing program?

As an employer, you must provide employees with a list of SAPs qualified under §40.281. The regulation [§40.287] requires the employer to provide the employee with a list of qualified SAPs.

Your failure to provide such a list could result in sanctions issued by the DOT Modal Administration with jurisdiction over you.

As an employee, ask your employer for a list of SAPs in your area (even if the employer fired you or did not hire you). A SAP qualified to act in the DOT drug and alcohol testing program must meet the SAP qualification requirements in §40.281.

If your employer did not provide you with a list of qualified SAPs, below are some resources to help you find one:
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• Search the internet using search terms such as “DOT qualified SAP” or “DOT and SAP”
• Search your State web site.
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Please know that neither the DOT nor any of its Agencies has or maintains a list of SAPs or any other service agents.

Will I lose my job if I violate a DOT Agency drug and alcohol rule?

All employment decisions belong solely to the employer. DOT regulations do not address employment actions such as hiring, firing or leaves of absence. DOT and USCG regulation may prohibit you from performing your safety-sensitive functions after a positive test result or refusal to submit to testing. You should be aware that a positive, adulterated or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment agreement.

Are my results confidential?

Your test results are confidential. An employer or service agent (e.g., a testing laboratory, Medical Review Officer or Substance Abuse Professional) is not permitted to disclose your test result(s) without your written consent. In certain situations, however, your test information may be released without your consent; such as, legal proceedings, grievances, or administrative proceedings brought on by you or on your behalf, which resulted from a positive, adulterated, substituted test result or refusal. When your employer releases your drug and alcohol testing records, the employer must notify you in writing.

Will my results follow me to other employers?

Yes, your drug and alcohol testing history will follow you to your new employer. Employers are required by law to provide certain records of your DOT drug and alcohol testing history to your new employer, only when you sign a specific written release regarding that information.

This is to ensure that, when necessary, you complete the return-to-duty process and your follow up testing program.

In addition, as of January 6, 2020, FMCSA requires employers and service agents to report drug and alcohol violations to the

It also requires employers to query the Clearinghouse about prospective employees to verify there are no violations before performing safety-sensitive functions, as well as, querying the Clearinghouse on current employees at least once a year.

What should I do if I believe I or my co-worker has an alcohol or substance abuse problem?

Most every community in the country has resources available to confidentially assist you through the evaluation and treatment of your problem. If you would like to find a treatment facility close to you, check with your local yellow pages, local health department or visit the U.S. Department of Health and Human Services treatment facility locator. This site provides contact information for substance abuse treatment programs by state, city and U.S. Territory.

Quick Read

FMCSA Clearinghouse & Random Drug Testing Requirements

Use these 14 important facts for a quick and easy understanding of the requirements from the FMCSA.

All CDL drivers must be enrolled in an approved consortium (pool of CDL drivers) with random drug and alcohol testing.

The approved consortium must have only CDL drivers enrolled. It cannot have both CDL and non-CDL drivers or employees.

The consortium must comply with federal regulations under the FMCSA rules.

The FMCSA has specific rules which the consortium must follow. These include when drivers are pulled for random testing, what test is administered, and how the results are reported, etc.

The FMCSA’s Clearinghouse database will be used to monitor and enforce drug and alcohol requirements for CDL drivers.

All CDL drivers and Employers must register with the Clearinghouse by January 6th, 2020 and link their consortium/drug and alcohol program.

The Clearinghouse data will be shared with state agencies such as law enforcement and state DMV in order to enforce drug and alcohol requirements for CDL drivers. CDL license renewal and vehicle registration may be affected.

CDL drivers and Employers must have a D/A consortium in place before they can complete Clearinghouse registration.

Employers are required to query the Clearinghouse for drug and alcohol violations for both existing (annually) and new hire (prior to hiring) CDL drivers. Employers may authorize a Third Party Administrator to do this on their behalf.

Commercial Registration services is a registered C/TPA (Consortium/ Third Party Administrator)

Owner operators must utilize the services of a TPA. (Third Party Administrator)

We offer a federally regulated consortium for CDL drivers as well as TPA services.

We can provide you with all the necessary documents to protect your company and set up your drug and alcohol program the correct way.

Once enrolled in a Drug and Alcohol program and each driver has completed a baseline test, you pay for Annual driver renewals and only pay for a test if a driver from your company is randomly selected.

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