Are You Aware of Which Employees Are Subject to Your DOT Testing Policy?
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Are you aware of the employees subject to your DOT testing policy?
Surprisingly, many employers do not have a clear understanding of who is subject to testing under the U.S. Department of Transportation (DOT) drug and alcohol testing regulations. In fact, it is not uncommon for DOT employers to over-test individuals by requiring a DOT test in circumstances that are not required under the testing regulations. After all, it is better to be safe than sorry, right? Wrong.
Who Is Subject to DOT Drug and Alcohol Testing?
When an employer requests a test from a DOT-covered employee, the employer must ensure the test takes place as outlined in the applicable DOT agency regulations. This includes not only how, when, and where a test should be conducted, but it is also vital to know who must be included as part of the DOT drug and alcohol testing program. Employers who take a “better safe than sorry” approach could be subject to a DOT violation and enforcement action under DOT agency regulations.
Each DOT Agency (FMCSA, FAA, FTA, FRA, and PHMSA) and U.S. Coast Guard (USCG) has specific drug and alcohol testing regulations that outline who is subject to testing. Generally, anyone designated in DOT regulations as a safety-sensitive employee is subject to DOT drug and alcohol testing. Each DOT agency’s regulations define the criteria for employees who must be included in the mandatory testing regulations as follows:
Federal Motor Carrier Safety Administration (FMCSA) – 49 CFR Part 382
A person who holds a Commercial Driver’s License (CDL) and operates a Commercial Motor Vehicle (CMV), defined as a motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property, if the motor vehicle:
- -Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds), inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
- -Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
- -Is designed to transport 16 or more passengers, including the driver; or
- -Is of any size and is used in the transportation of materials deemed hazardous under the Hazardous Materials Transportation Act, requiring the motor vehicle to display a placard under the Hazardous Materials Regulations.
Federal Aviation Administration (FAA) – 14 CRF Part 120
A person who performs flight crewmember duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties, and operations control specialist duties.
Note: Anyone who performs the above duties, either directly or by contract, for a Part 119 certificate holder authorized to operate under Parts 121 and/or 135, air tour operators defined in 14 CFR Part 91.147, or air traffic control facilities not operated by the government is considered a covered employee.
Federal Transit Administration (FTA) – 49 CFR Part 655
A person who performs a revenue vehicle operation; revenue vehicle and equipment maintenance; revenue vehicle control or dispatch (optional); commercial driver’s license (CDL) non-revenue vehicle operation; or armed security duties.
Federal Railroad Administration (FRA) – 49 CFR Part 219
A person who performs duties subject to the Hours of Service laws, such as locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.
Pipeline and Hazardous Material Safety Administration (PHMSA) – 49 CFR Part 199
A person who performs an operation, maintenance, or emergency-response function on a pipeline or liquefied natural gas (LNG) facility.
United States Coast Guard (USCG) – 46 CFR Parts 4 & 16
A person who is on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner’s document. Also, a person engaged or employed on board a U.S.-owned vessel that is required to engage, employ or be operated by a person holding a license, certificate of registry, or merchant mariner’s document.
Conclusion: Get DOT Testing Right the First Time
Remember, the tasks an employee performs determine safety-sensitive employee status, not the job title. Also, employees who are qualified for these positions but are only required to perform safety-sensitive duties in emergency situations or periodically throughout the year should also be included in the testing program. Be sure to check industry-specific regulations for further information.
Contact ClearStar for assistance in determining whether your employees fall under the Department of Transportation testing regulations. We can also assist in the development of a drug-free workplace program policy that meets the requirements set forth under the federal regulations.
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At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
