Federal U.S. DOT testing requirements
49 CFR Part 40, or “Part 40,” is the U.S. DOT regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a U.S. DOT drug and alcohol regulation. Part 40 applies to all U.S. DOT-required testing, regardless of what agency-specific rule applies to the employer. Whether you are a public transportation agency covered by FTA rules, a public works department covered by FMCSA rules, or a pipeline operator covered by PHMSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you.
Each U.S. DOT agency-specific regulation spells out who is subject to testing, when and in what situations testing must take place for a particular transportation industry.
Safety-sensitive duties subject to U.S. DOT drug and alcohol testing
Commercial Motor Carriers (FMCSA) – Commercial Driver License (CDL) holders who operate a Commercial Motor Vehicle. The Washington State Department of Licensing (DOL) issues and oversees CDL. It is important the employer knows if a CDL is active and in good status. To learn if your employee needs a CDL, steps to get a CDL, testing, medical documentation, and renewal, visit the DOL webpage.
Public Transportation (FTA) – Operators of revenue service vehicles, CDL-holding operators of non-revenue service vehicles, vehicle controllers, revenue service vehicle mechanics, firearm-carrying security personnel.
Pipeline (PHMSA) – Persons who perform operations, maintenance, or emergency response function on a pipeline or LNG facility regulated under part 192, 193, or 195.
Aviation (FAA), Railroad (FRA) and Maritime (USCG) are also industries that have required testing, but are not included in the AWC D&A Consortium.
Marine employer: A marine employer is anyone, including the self-employed, who will be one of more of the following:
- Owner;
- Managing operator;
- Charterer;
- Agent;
- Master;
- A person in charge of a vessel, other than a recreational vessel (remember that a bass boat, when used for a passenger for hire situation, is no longer a recreational vessel, it is a commercial vessel)
Federally-required testing
The D&A Consortium provides random testing for Federal Motor Carrier Safety Administration (FMCSA), Federal Transit Administration (FTA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), and US Coast Guard (USCG). In order to conduct a federal test, a Federal Drug Testing Custody and Control Form/U.S. DOT Alcohol Testing Form must be used.
Pre-employment testing
Random testing
Reasonable suspicion testing
Post-accident testing
Return to duty/Follow-up testing
View required random drug and alcohol testing percentages, which can change annually. Membership with the D&A Consortium ensures you meet these requirements.