What Conduct is Prohibited by DOT Regulations?

The Department of Transportation (DOT) has set specific regulations barring certain behaviors related to substance use. These prohibitions are enforced to prevent accidents and maintain safety in the transportation industry.

Conduct that is prohibited by DOT regulations includes:

Controlled Substance Use: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when instructed by a physician who has advised the employee that the substance does not adversely affect their ability to safely operate a vehicle.
Alcohol Concentration: No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
On-Duty Use: Alcohol is strictly prohibited by drivers while performing safety-sensitive functions.
Pre-Duty Use: No driver shall perform safety- Alcohol consumption can lead to changes in sensitive functions within four hours.
Use Following an Accident: No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.
Refusal to Submit to a Required Alcohol or Controlled Substances Test: A driver must not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test.

It’s important to note that any driver who engages in conduct prohibited by these regulations is disqualified from performing safety-sensitive functions, including driving a commercial motor vehicle.

The DOT Testing Process

The DOT testing process is governed by the DOT’s rule, 49 CFR Part 40. This rule details the required procedures for conducting workplace drug and alcohol testing for safety-sensitive employees. All tests must be conducted with urine specimens according to current regulations.

The process begins with the collection of a urine sample from the employee. A DOT drug test necessitates at least 45 milliliters of urine.. If an employee cannot produce this amount at one go, they may be given up to 40 ounces of fluid to drink.

Pre-employment testing is a significant part of the DOT testing process. New hires in safety-sensitive positions must successfully pass a DOT drug screening.. Furthermore, trucking companies are required to conduct pre-employment drug tests on all applicants for safety-sensitive positions.

In addition to pre-employment testing, DOT drug testing can also occur as part of annual physical tests and biannual medical checkups for commercial drivers. Alcohol testing is optional and is carried out at the discretion of the employer.

The company requires any employee selected for a drug and/or alcohol test to undergo the testing process, including a physical examination that assesses the driver’s general health and current respiratory and oral conditions.

What Employers Need to Know

As an employer, it is crucial to understand the DOT testing process to ensure compliance with DOT regulations. You need to be aware of when and how to conduct drug and alcohol tests, and what actions to take based on the results.

All safety-sensitive employees are subject to testing for drugs and alcohol. It is your responsibility as an employer to ensure that these tests are conducted as required and that any employee who fails a test receives the appropriate follow-up.

A drug test can be made a mandatory requirement for employment. Furthermore, you also have the discretion to conduct alcohol testing.

When is someone required to take a DOT Drug Test?

The Department of Transportation (DOT) requires drug tests in several situations:

Pre-employment: An employer must receive a negative drug test result before permitting a CDL (Commercial Driver’s License) driver to operate a commercial motor vehicle.
Post-accident: If a commercial driver is involved in an accident, they may be required to undergo a drug test. The alcohol test must occur within 8 hours, and the drug test must occur within 32 hours.
Random testing: CDL drivers are subject to unannounced random testing throughout the year.
Return-to-duty and Follow-up testing: A covered DOT employee who tests positive or refuses to take a required test must be removed from their safety-sensitive position. After meeting certain requirements, the employee may return to duty, but they will be subject to follow-up testing.

Are DOT Drug Tests supervised?

Yes, DOT drug tests are supervised. The collector must be of the same gender as the employee being tested and must remain present during the collection of the urine specimen.

What drugs are screened for in the DOT test?

In the Department of Transportation’s (DOT) drug testing process, a comprehensive 5-panel drug screening is conducted. This test is designed to identify the presence of several specific substances. These include:

Marijuana Metabolites (THCA): The test can detect traces of THC, the active ingredient in marijuana.

Cocaine Metabolites: This part of the test looks for evidence of cocaine use.

Amphetamines/Methamphetamine (including MDMA/MDA): The test screens for these stimulants, which also include commonly known substances such as ecstasy.

Opioids: This category includes a wide range of drugs, from legal pain medications like morphine to illegal drugs like heroin.

Phencyclidine (PCP): PCP, also known as Angel Dust, is another substance that the DOT test can identify.

This rigorous drug screening ensures that individuals in safety-sensitive positions are not under the influence of these substances, ensuring a safer work environment.

Who is Subject to DOT Drug Tests?

DOT drug tests apply to “safety-sensitive” employees. These are employees whose job functions may affect their own safety or the safety of others. This typically includes employees in the aviation, trucking, railroad, mass transit, and other transportation industries. Such roles might include pilots, bus drivers, train engineers, truck drivers, and subway operators.

What Tests are Used for DOT Testing?

The Department of Transportation (DOT) exclusively utilizes urine collection and testing for drug testing. The urine test can detect the presence of drugs such as marijuana, cocaine, opiates, amphetamines/methamphetamines, and phencyclidine (PCP).

For alcohol testing, DOT uses breath and saliva tests. Breathalyzers are commonly used for measuring blood alcohol content (BAC). All three examination techniques implemented by the DOT do not involve intrusion.

When are DOT Tests Conducted?

There are several situations when DOT employees may be subject to drug testing:

Pre-Employment: Before an individual is first employed or transferred into a safety-sensitive position.
Random: Random testing is unannounced and must be spread reasonably throughout the calendar year.
Reasonable Suspicion: If a trained supervisor or company official believes that the employee shows signs of drug use or intoxication.
Post-Accident: Following an accident involving human error or negligence.
Return-to-Duty and Follow-Up: If an employee has violated the prohibited drug rules, they must undergo a return-to-duty process, including education, treatment, and follow-up testing.