Drug Free Workplace

DOT Agencies

DOT Mandated Drug Testing

Are You Mandated by the DOT to Drug Test?

Let Occupational Drug Testing be your number one resource when it comes to DOT drug testing requirements. Click here for the Department of Transportation "Am I Covered by DOT Drug & Alcohol Testing Regulations" Questionnaire.

FMCSA Requirement

If your employee is required to have a CDL license or is in a safey sensitive position, they fall under the drug testing requirements. For more information on FMCSA testing guidelines, visit our FMCSA drug testing page, or go directly to the FMCSA Website. The following types of employees fall under the FMCSA rule:

- Anyone who owns or leases commercial motor vehicles

- Anyone who assigns drivers to operate commercial motor vehicles

- Federal, State, and local governments

- Private motor carriers

- Civic organizations

- Churches

FTA Requirement 49 CFR 655.3

If your company receives Federal Transit funds under 49 U.S.C. 5307,5309, and 5311 and 23 U.S.C. 103(e)(4), or your company is a contractor to a recipient or subrecipient of Federal Assistance, then you must test safety sensitive employees. The following types of employees fall under the FTA rule:

- Anyone who operates a revenue service vehicle

- Operating a nonrevenue service vehicle, when required to hold a CDL 

- Anyone who controls dispatch or movement of a revenue service vehicle

- Anyone who maintains, repairs, or rebuilds a revenue service vehicle or equipment used in a revenue service vehicle

FAA Requirement 14 CFR 120.105/215

All safety sensitive employees in aviation must be tested. This includes the employee, assistant, helper, or someone in training status. The following employees fall under the FAA requirement:

- Flight crewmember duties

- Flight attendant duties

- Flight instruction duties

- Aircraft dispatcher duties

- Aircraft maintenance and preventive maintenance duties

- Groud security coordinator duties

- Aviation screening duties

- Air traffic control duties

FRA Requirement 49 CFR 219.5

Any person who has been assigned to perform service which is subject to the hours of service laws during a duty tour. For hours of service laws, see 49 U.S.C. 211. The requirement includes:

- Dispatching employee, means an operator, train dispatcher or other train employee who affects train movements

- Signal employee, who is engaged in installing, repairing, or maintaining signal systems

- Train employee, who is an individual engaged in or connected with the movement of a train

 

USCG Requirement 46 CFR 16

 

PHMSA Requirement 49 CFR Part 199

PHMSA – Pipeline and Hazardous Materials Safety Administration

Who is covered?

A person who performs on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function.

Read more: PHMSA – Pipeline and Hazardous Materials Safety Administration

USCG – United States Coast Guard

Who is covered?

 

A person who is on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner's document. Also, a person engaged or employed on board a U.S. owned vessel and such vessel is required to engage, employ or be operated by a person holding a license, certificate of registry, or merchant mariner's document.

Read more: USCG – United States Coast Guard

FRA – Federal Railroad Administration

Who is covered?

A person who performs hours of service functions at a rate sufficient to be placed into the railroad’s random testing program. Categories of personnel who normally perform these functions are locomotive engineers, trainmen, conductors, switchmen,

Read more: FRA – Federal Railroad Administration

FTA – Federal Transit Administration

Who is covered?


A person who performs a revenue vehicle operation, revenue vehicle and equipment maintenance, revenue vehicle control or dispatch (optional), Commercial Drivers License non-revenue vehicle operation, or armed security duties.

Required Drug Test Types: Pre-employment, Random, Reasonable Suspicion, Post-Accident, Return-to-Duty, and Follow-Up.

Alcohol Test Types: Pre-employment (optional)RandomReasonable SuspicionPost-AccidentReturn-to-Duty, and Follow-Up.

Definition of Accident Requiring Testing: Any accident involving a fatality requires testing. Testing following a non-fatal accident is discretionary: If the employer can show the employee's performance could not have contributed to the accident, no test is needed. Non-fatal accidents that may require testing must have disabling damage to any vehicle or immediate medical attention away from the scene to meet the testing threshold.

Reasonable-suspicion determination: One trained supervisor or company official can make the decision based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.
     • If an employee refuses a test, or tests positive, they are immediately removed from the safety sensitive position and referred to a substance abuse professional.

Pre-duty alcohol use prohibitions: Four (4) hours prior to performance of duty.

Actions for BACs 0.02 – 0.039: If the employer chooses to return the employee to covered service within 8 hours, the BAC re-test must be below 0.02.

Employee Training: Employer must provide education with display and distribution of informational materials and a community service hot-line telephone number, if available. One-hour of training on the effects and consequence of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. Distribution to each employee of the employer's policy regarding the use of drugs and alcohol with signed receipt is mandatory.

Supervisor Training: One-hour of training is required on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. One-hour of training is also required on the specific, contemporaneous physical, behavioral, and performance indicators of probable alcohol use.

Source: fta.dot.gov

Five FTA Safety Sensitive Positions:

  • Revenue Service Vehicle Operators
  • Armed Security Personnel
  • Non-Revenue Service Vehicle Operators who hold a CDL
  • Equipment Maintenance Personnel
  • Dispatchers and Personnel that control Revenue Service Vehicles
  •  

     FTA Prohibited Drugs (DOT 5-Panel):

  • Cocaine
  • Marijuana
  • PCP
  • Amphetamines
  • Opiates
  •  

    Where can I find the regulations for my designated agency? 

    49 CFR Part 655

     

     DOT FTA Post-Accident Drug and Alcohol Testing Guidelines

     

    FTA Post-Accident

    Click here to be contacted by an Occupational Drug Testing expert. 

    FAA- Federal Aviation Administration Drug Testing

    Who is covered?

     Employees Who Must be Tested. Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in this appendix must be subject to drug testing under an antidrug program implemented in accordance with this appendix. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:

    • Flight crewmember duties.

    • Flight attendant duties.

    • Flight instruction duties.

    • Aircraft dispatcher duties.

    • Aircraft maintenance and preventive maintenance duties.

    • Ground security coordinator duties.

    • Aviation screening duties.

    • Air traffic control duties.

    Read more: FAA- Federal Aviation Administration Drug Testing

    FMCSA – Federal Motor Carrier Safety Administration

    Who is covered?

    A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.

    Read more: FMCSA – Federal Motor Carrier Safety Administration

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