5 Key Difference Between DOT Regulated and Non-DOT Regulated Drug Testing
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BY: ASAP
When it comes to keeping the workplace safe through drug testing, there are two areas of law that need to be considered, federally regulated and non-federally regulated for the general workforce. The federal government has very specific guidance for what employers must include in their drug testing program if employees fall under Department of Transportation (DOT) and/or any other government agencies. For the general workforce many state laws map out guidance.
The U.S. Department of Transportation 49 CFR Part 40 requires covered employers to conduct drug and alcohol testing of certain employees in safety-sensitive jobs and provides very specific regulations for how that testing must be conducted.
Outside of the DOT regulations, employers may choose to conduct drug testing for their general workforce, often referred to as non-DOT or non-federally regulated drug testing, in accordance with state and local regulations and laws. Many of those local requirements differ significantly from DOT’s drug testing procedures.
Here are five differences employers will encounter between a DOT-mandated drug testing program and a non-DOT drug testing program.
How to Conduct Workplace Drug Tests?
DOT currently only permits lab-based urine drug testing though it has issued a final rule for lab-based oral fluid testing that has yet to go into effect. DOT drug testing does not permit the use of rapid-result testing devices.
Non-DOT programs may utilize lab-based urine, oral fluid or hair testing as well as rapid-result urine or oral fluid testing depending on applicable state laws. State drug testing laws for the general workforce determine which testing methodologies can be used.
Where Can Samples Be Collected?
For DOT purposes, sample collections may take place at a collection facility like an occupational health center or drug testing facility or at the workplace. However, DOT requires collectors to be trained in accordance with very specific regulations issued by that federal agency.
Many state drug testing laws also regulate who can conduct sample collections and where those collections must take place. In fact, several states align with DOT’s requirements. The DOT has long been regarded as the gold standard in the drug and alcohol testing industry, as it oversees the largest population of safety-sensitive employees among federally regulated agencies.
When Do Employers Require Workplace Drug Tests?
DOT requires employers to conduct pre-employment, random, reasonable suspicion, and post-accident testing as well as DOT return-to-duty testing and follow-up testing, which involve the expertise of a DOT qualified Substance Abuse Professional (SAP). DOT return-to-duty testing occurs when someone returns to work following successful completion of a DOT SAP program. Follow-up testing is a form of unannounced testing for a specific period of time (at least 12 months) as determined by an SAP.
Non-DOT general workforce programs may include some or all of the DOT-required testing circumstances depending on applicable state laws. They may also include a return-to-work program, often referred to as a second-chance program, for employees who violate company drug and alcohol policies or step forward asking for help with substance use issues. Developing a return-to-work program for the general workforce often involves the guidance of a DOT-qualified SAP to ensure employees receive the necessary support before being cleared to return to work.
What Happens When Someone Fails a DOT Drug Test?
If a job applicant fails a DOT pre-employment drug test the employer may not place that person in a DOT safety-sensitive position at that time. If a current employee fails a random or reasonable suspicion test, for example, the employer must remove that person from their DOT safety-sensitive position and the employee is required to complete the DOT Return-to-Duty process before being allowed to perform safety-sensitive duties again for the that company or any other organization. In both situations the employer is mandated under the regulations to provide a list a qualified DOT SAPs to an applicant or employee.
While it is highly advisable for the general workforce non-DOT drug testing programs to include the services of a DOT SAP when providing second chance programs, it may or may not be required by applicable state law. The employer may choose to terminate employment or follow their company policy if they have a second chance program in place.
What Are Consequences for a Failed Drug Test?
A positive DOT drug or alcohol test must be reported by the employer or medical review office (MRO). In the case of covered CDL holders who fall under the regulations of the DOT agency, Federal Motor Carrier Safety Administration (FMCSA), drug and alcohol violations must be reported to the FMCSA Clearinghouse. The Clearinghouse is a secure online database that contains records of drug and alcohol violations and provides real-time information to employers, state driver licensing agencies, and state law enforcement personnel.
Some state laws require employers to report positive test results for certain occupations. Check with applicable state laws for more information.
Conclusion
Keeping your workplace safe is made possible by either a federal agency mandate that workers fall under or by state laws along with your company policy and procedures. Turning to drug testing experts to ensure your workplace policy is compliant with these regulations and laws is critical.
American Substance Abuse Professionals (ASAP) can guide you in the right direction. While our main area of expertise includes our nationwide network of DOT-qualified SAPs, we can help answer questions on many workplace drug and alcohol testing related questions, including developing a drug and alcohol testing policy and completing DOT-required supervisor reasonable suspicion training, as well as employee substance use awareness education.
Contact us to learn more.
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Additional Reading:
https://go2asap.com/dot-drug-test-procedures/
https://go2asap.com/positive-test/find-a-sap/
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