Policies & Laws
DRUG TESTING REQUIREMENTS
Compliance with DOT drug testing is mandatory in various circumstances:
Pre-Employment Drug Tests:
All candidates applying for safety-sensitive positions within FMCSA-regulated employers must
undergo pre-employment DOT drug tests before commencing their roles. Failure to pass this test will
result in the withdrawal of conditional job offers.
Post-Accident Drug Tests:
For FMCSA-regulated employers, post-accident drug testing is required under the following conditions:
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Fatal accidents, irrespective of citations.
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Injury accidents with citations requiring emergency medical treatment.
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Property-damage-only accidents with citations necessitating towing.
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Employers under other DOT agencies have comparable requirements.
Random Drug Testing:
CDL-holding drivers employed by FMCSA-regulated organizations must participate in random drug
tests throughout the year. Owner-operators are included in random testing pools with two or more
employees through consortium participation.
Reasonable Suspicion Drug Testing:
Employers under regulation must conduct reasonable suspicion drug tests on safety-sensitive
employees suspected of being under the influence. Employees should be discreetly informed of
suspicions and immediately directed for testing. Employers must arrange transportation to the testing
center, ensuring the employee does not drive.
Return-to-Duty Drug Testing:
For employees seeking reinstatement after refusing a drug test or receiving a positive result, a return-
to-duty process is required. Successful completion of a DOT-approved substance abuse professional's
(SAP) education and treatment program is mandatory. After receiving the SAP report, employers can
schedule the employee for return-to-duty testing (RTD), requiring a negative result for job
reinstatement.
Follow-up Drug Testing:
Employees returning to work post-RTD testing must undergo a minimum of six follow-up drug tests in
the first 12 months. These tests supplement any random or reasonable suspicion tests during the same
period.
DRUG TESTING LAWS
The U.S. Department of Transportation enforces the Omnibus Transportation Employee Testing Act of 1991,
incorporating drug testing mandates for all agencies under DOT regulation.
As per existing regulations, DOT drug tests are exclusively conducted using urine specimens.
In February 2022, the DOT introduced a proposed rule suggesting the incorporation of saliva testing. However, as of now, the final rule has not been enacted. Consequently, DOT drug tests continue to rely solely on urine screens.
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In addition to the regulations set forth by the DOT, individual agencies have established their own guidelines for
DOT drug tests.
Federal Aviation Administration (FAA):
The FAA's drug testing regulations are detailed in 14 CFR, part 120. According to § 120.109, employees in safety-
sensitive roles are subject to various types of tests, including pre-employment, random, post-accident, reasonable
cause, return-to-duty, and follow-up drug tests. Specific procedures for the timing and conduct of each test type
are outlined in the FAA's regulations.
Federal Motor Carrier Safety Administration (FMCSA):
Under 49 CFR, part 382, FMCSA-regulated employers are mandated to conduct DOT drug tests on Commercial
Driver's License (CDL) drivers. The regulations specify the procedures, types of tests, timing for administration,
and the categories of employees subject to testing. The majority of employees undergoing DOT drug tests fall
under the purview of FMCSA regulations.
Federal Railroad Administration (FRA):
Safety-sensitive railroad employees are obligated to undergo DOT drug tests as outlined in 49 CFR, part 219. The
FRA's regulations include distinct rules, such as the collection of specimens from deceased safety-sensitive
employees following a fatal accident. Moreover, the FRA specifies a four-hour testing window, contrasting with
other agencies that provide a broader timeframe of 12 to 32 hours post-accident. Specific rules are also in place
for pre-employment, reasonable suspicion, return-to-duty, and follow-up tests.
Federal Transit Administration (FTA):
The FTA's DOT drug testing regulations are encapsulated in 49 CFR, part 655, with details on test types and
required procedures found in subpart E.
Pipeline and Hazardous Materials Safety Administration (PHMSA):
PHMSA includes drug testing regulations for employers under 49 CFR, part 199. The types of tests and their
procedures are delineated in § 199.105.