DOT Drug Testing
The US Department of Transportation's (DOT) testing rules, known as 49 CFR Part 40, describe procedures for conducting workplace drug and alcohol testing for the Federally-regulated transportation industry.
Some elements of the DOT drug testing rules include:
DOT Drug Testing Guidelines for Specimen Validity Testing Provisions
There is a requirement for a medical review officer (MRO) review of substitution and adulteration test results. An employee has the option of requesting split specimen testing for these results. Specimen validity testing currently is voluntary (for employers and laboratories). However, specimen validity testing will become mandatory when the Department of Health and Human Services (HHS) Mandatory Guidelines are published.
DOT Drug Testing Guidelines for Stand-Down Provisions
Temporarily removing workers from safety-sensitive activities after a confirmed positive, adulterated, or substituted laboratory test result, but before the MRO has verified the result (stand-down) is generally prohibited by the DOT drug testing guidelines. However, employers can request a waiver of the DOT drug testing guidelines to permit temporary stand-down. The special stand down waiver requests must include a written stand-down policy providing for confidentiality of information about the test results, paying workers during the stand-down period, and expunging/permanently deleting all records of the incorrectly confirmed drug or alcohol test result if the test is later verified negative or cancelled by the MRO. Permission for a DOT drug testing special waiver must be obtained prior to initiating a stand-down policy.
DOT Drug Testing Public Interest Exclusions
There is public interest exclusion mechanism designed to protect the public from the effects of serious noncompliance by service agents. A service agent who engaged in serious misconduct could be excluded from participating in DOT-required drug and alcohol testing programs for a period of time. Employers have the ability to determine which service agents have been excluded through announcements in the Federal Register and by looking at the DOT Drug Testing Web site.
DOT Drug Testing Guidelines for Employee Training
Well trained employees and managers (and other procedure participants) are essential for an accurate and fair DOT drug testing program. Part 40 of the DOT drug testing regulations provides for enhanced training requirements for collectors, breath alcohol technicians (BATs), screening test technicians (STTs), medical review officers (MROs), and also substance abuse professionals (SAPs). The DOT drug testing training, refresher training every five years (for collectors, BATs, and STTs), continuing education (for MROs and SAPs), and "error correction training" (for collectors, STTs, and BATs) following a mistake that causes a drug or alcohol test to be cancelled.
DOT Drug Testing Regulations for the Collection Process
It is mandated that all DOT drug testing collections are conducted as split specimen collections. A DOT drug testing collection under direct observation is required when a test is cancelled because the split specimen was unavailable, but not following a negative dilute test result. Otherwise, direct observation DOT drug testing is the same as under the previous rule. A measurement of body temperature is no longer required when the first specimen’s temperature is out of range. It should be noted that an employee’s decision not to drink fluids in a "shy bladder" situation is not considered as a refusal to test. DOT drug testing collectors should not ask employees to remove their boots, but must ask employees to display the contents of their pockets.
DOT Drug Testing Regulations Regarding Laboratory Processes
All DOT drug testing laboratories were required to initiate validity testing on all specimens since August 1, 2001. The DOT drug testing rules permit transmission of laboratory results to the MRO electronically, eliminating the need for transmission of paper documents for negative results.
DOT Drug Testing Regulations Regarding Employment Records
Employers are required to obtain, from an applicant's previous employers over the past two years, drug and alcohol testing information. General release of DOT drug testing results is prohibited.
The DOT drug testing rules authorize the use of electronic means for transmitting and storing data and also addresses specific requirements for releasing information to employees at their request and clarifies when such information may be released to other third parties.