49 CFR Part 40 details drug and alcohol testing for organizations within the transportation industry. An
overview and the document’s entirety can be viewed on the Department of Transportation’s website at:
Types of Testing:
• Pre-Employment: Before a prospective employee can perform a safety sensitive function or be
included in a consortium, the employer must receive a negative test result.
• Reasonable Suspicion/Cause: If a trained supervisor has reason to believe that an employee
has violated the DOT policy on drugs and alcohol, the employee must submit to testing.
• Random: The DOT requires safety sensitive employees be tested for drugs at a rate of 50% annually.
Selections are made monthly by a computer program and the designated employer representatives are
notified via a letter.
• Return to Duty: After testing positive, an employee must re-test before returning to safety
• Follow-Up: A testing program set up by a substance abuse professional to help an employee resolve
drug use associated problems, usually done over the course of 12 months.
• Post Accident: Testing will include both drugs and alcohol if certain criteria are met.
If an Employee Tests Positive or Refuses a Test:
• The employer is required to remove the employee immediately from safety-sensitive functions and that
employee cannot return to DOT safety-sensitive functions until evaluated by a Substance Abuse
Professional (SAP) and treatment is completed. A follow up evaluation must also be completed along
with a negative drug/alcohol test. The employee will also be subject to follow up testing over the
course of 12 months under direct observation.
A link to this portion of the DOT site, can be found here: http://www.dot.gov/odapc/employee#violate
Office of Drug and Alcohol Policy & Compliance: http://www.dot.gov/odapc
National Institute on Drug Abuse: http://www.drugabuse.gov/
National Institute on Alcohol Abuse and Alcoholism: http://www.niaaa.nih.gov/
Substance Abuse Program Administrators Association: http://www.sapaa.com