The act required DOT agencies to implement drug and alcohol testing of safety-sensitive employees to maintain the safety of the traveling public and workers.The DOT’s drug screening rules and procedures are listed within Title 49 of the Code of Federal Regulations (CFR) Part 40, commonly known as “Part 40.” These rules are published by an office within the DOT: the Office of Drug & Alcohol Policy & Compliance (ODAPC). Labs must pass rigorous and ongoing testing of lab analysis standards to receive and maintain HHS certification.The labs doing the specimen analysis are highly competent.When the urine specimen reaches the lab for testing, the lab first does validity testing. For any positive test result the lab reports to the MRO, the MRO will reach out to the donor to learn of any legitimate medical explanations for the result.In this conversation, the donor has a chance to tell the MRO about any medications she is taking.
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It should be at least 15 minutes but no more than 30 minutes. This act requires that DOT regulated employers implement… And if the MRO determines that the medication caused the positive result, then the MRO must report the result as a verified negative.The MRO will not tell the employer any of the donor’s medical information.
The Federal Motor Carrier Safety Administration (FMCSA), along with the Department of Transportation (DOT), requires that persons subject to the commercial driver’s license (CDL) requirements and their employers follow alcohol and drug testing rules. It just depends on whether they get selected for random testing.But follow-up testing does not exempt them from random testing. In 2015, just 1.85% of DOT test results were positive; however, that is still more than the DOT would like to see to ensure transportation safety across the country.There are a number of situations when DOT employees may be subject to drug testing.All new hires for safety-sensitive positions must successfully complete a DOT drug screening. If it is, the MRO will inform the employer. It can be either positive, negative, cancelled, or a refusal to test.A positive test requires both a screening and confirmation test of 0.02 or higher.A negative test requires just one of the two to be less than 0.02.A cancelled test happens typically due to a serious flaw in the testing process or equipment. These rules include procedures for testing, frequency of tests, and substances tested for. If the physician finds a legitimate medical explanation for the donor’s struggles, then the MRO cancels the test.
Should you have concerns about COVID-19 when testing or interacting with employees, please follow your company policy, directions from State and local officials, and guidance from the Centers for Disease Control and Prevention (CDC). (§382.301). These requirements and rules hold up for all DOT agencies: FMCSA, FAA, PHMSA, FRA, FTA, and USCG.Those requirements can be found in the federal title But if you’d rather get a good summary of the requirements in a fraction of the time, then continue reading here.The first of the DOT drug testing requirements we need to cover is who must participate in the program.Employees performing safety-sensitive functions must participate in an employer’s DOT drug and alcohol testing program.We have written another post that goes into detail on the Our summary of the DOT drug testing requirements starts with the six situations in which DOT drug and alcohol testing is permitted.
Pre-Employment – A pre-employment drug test is required for DOT positions and will occur during the hiring process and before an employee begins working. But the DOT sets cut-off levels for this very reason.It is only a positive test result if the amount of the drug exceeds this cutoff level.
Occasionally it happens for certain other reasons.And a refusal to test occurs when an employee does not show up for the test, provide enough breath for the test (without a medical explanation), or obstructs the testing process in any way.The DOT drug testing requirements include safeguards that protect the donor from false positive results. If the prescribing physician refuses to make an attestation, the test result is considered positive. After this conversation, the MRO will then report the result to the DER.Once the MRO verifies the lab results, she will then report one of four results to the DER. Industry employers implement the regulations that apply to their business.
As a result, cutoff levels remove the possibility of a false positive due to passive inhalation. And once she passes that test, she then must pass a series of follow-up tests spanning for at least one year and up to five years.In the event of a cancelled test, a re-test may be required — but not always. Then, the DER will attempt to contact the donor for the MRO.After a period of time, the MRO will just report the result as a verified positive to the DER.