Office of Drug & Alcohol Policy & Compliance - My Copy

Office of Drug & Alcohol Office of Drug & Alcohol Policy & CompliancePolicy & Compliance

What Employees Need To Know What Employees Need To Know About DOT Drug & Alcohol About DOT Drug & Alcohol

TestingTesting

Who is subject to DOT testing?Who is subject to DOT testing?

• Anyone designated in DOT regulations as a Anyone designated in DOT regulations as a Safety-Safety-SensitiveSensitive employee… employee…– Aviation (FAA)Aviation (FAA)– Commercial Motor Carriers (FMCSA)Commercial Motor Carriers (FMCSA)– Maritime (USCG)Maritime (USCG)– Pipeline (PHMSA)Pipeline (PHMSA)– Railroad (FRA)Railroad (FRA)– Transit (FTA)Transit (FTA)

Commercial Motor Carriers Commercial Motor Carriers (FMCSA)(FMCSA)

• Commercial Drivers License (CDL) holders who operate Commercial Drivers License (CDL) holders who operate Commercial Motor Vehicles that…Commercial Motor Vehicles that…– are 26,001 lbs. Gross Vehicle Weight Rating (GVWR) or greaterare 26,001 lbs. Gross Vehicle Weight Rating (GVWR) or greater– carry 16 passengers or more including the drivercarry 16 passengers or more including the driver– are required to display a DOT placard in the transportation of are required to display a DOT placard in the transportation of

hazardous materialshazardous materials

Remember!Remember!

• Tasks you actually perform qualify you as a Safety-Tasks you actually perform qualify you as a Safety-Sensitive employee, Sensitive employee, NOTNOT your job title! your job title!

• Managers and Supervisors have to be tested also if they Managers and Supervisors have to be tested also if they may be asked at a moment’s notice or in an emergency may be asked at a moment’s notice or in an emergency to perform a safety-sensitive job.to perform a safety-sensitive job.

Why are safety-sensitive Why are safety-sensitive employees tested?employees tested?

• Short answer:Short answer:– For the safety of the traveling public, co-workers and For the safety of the traveling public, co-workers and

yourselfyourself


• Long Answer:Long Answer:– U.S. Congress recognized need for a drug & alcohol U.S. Congress recognized need for a drug & alcohol

free transportation industryfree transportation industry– Passed the Omnibus Transportation Employee Passed the Omnibus Transportation Employee

Testing Act in 1991Testing Act in 1991– Required DOT agencies to implement drug & alcohol Required DOT agencies to implement drug & alcohol

testing of safety-sensitive employeestesting of safety-sensitive employees


• Within the DOT, the Office of the Secretary’s Office of Within the DOT, the Office of the Secretary’s Office of Drug & Alcohol Policy & Compliance (ODAPC) publishes Drug & Alcohol Policy & Compliance (ODAPC) publishes rules on…rules on…– howhow to conduct those tests to conduct those tests– whatwhat procedures to use when testing procedures to use when testing– howhow to return an employee to safety-sensitive duties to return an employee to safety-sensitive duties


• ODAPC publishes and provides authoritative ODAPC publishes and provides authoritative interpretations of rules and regulations encompassed in interpretations of rules and regulations encompassed in 49 Code of Federal Regulations (CFR) Part 4049 Code of Federal Regulations (CFR) Part 40


• DOT agencies write industry specific regulations, spelling DOT agencies write industry specific regulations, spelling out…out…– whowho is subject to testing is subject to testing– whenwhen and in and in whatwhat situations situations

• Industry employers implement the regulations that apply Industry employers implement the regulations that apply to themto them

What information must employers provide when I first begin performing DOT safety-sensitive

functions?

• Depending on the DOT agency overseeing your industry, Depending on the DOT agency overseeing your industry, your employer may be required to provide you with…your employer may be required to provide you with…– Educational MaterialsEducational Materials– A Company PolicyA Company Policy– If you do not receive this information, be sure to ask If you do not receive this information, be sure to ask

your employer about ityour employer about it

What conduct is prohibited by the What conduct is prohibited by the regulations?regulations?

• You must not use or possess alcohol or any illicit drug You must not use or possess alcohol or any illicit drug while while assignedassigned to perform or to perform or actually performingactually performing safety- safety-sensitive functionssensitive functions


• You You must notmust not report for service or remain on duty if report for service or remain on duty if you…you…– are under the influence or impaired by alcoholare under the influence or impaired by alcohol– have a blood alcohol concentration of .04 or greaterhave a blood alcohol concentration of .04 or greater– have used any illicit drughave used any illicit drug


• You You must notmust not use alcohol within 4 hours of reporting for use alcohol within 4 hours of reporting for service or after receiving notice to report service or after receiving notice to report

• You You must notmust not report for duty or remain on duty when report for duty or remain on duty when using any controlled substance unless used pursuant to using any controlled substance unless used pursuant to the instructions of an authorized medical practitionerthe instructions of an authorized medical practitioner


• You You must not refusemust not refuse to submit to any test for alcohol or to submit to any test for alcohol or controlled substancescontrolled substances

• You You must not refusemust not refuse to submit to any test by to submit to any test by adulterating or substituting your specimenadulterating or substituting your specimen

What drugs does DOT test for?What drugs does DOT test for?

• Drug tests are conducted using only urine specimens. The Drug tests are conducted using only urine specimens. The specimens are analyzed for the following specimens are analyzed for the following drugs/metabolites:drugs/metabolites:– Marijuana metabolites / THCMarijuana metabolites / THC– Cocaine metabolitesCocaine metabolites– Amphetamines (including methamphetamines)Amphetamines (including methamphetamines)– Opiates (codeine, heroin, morphine)Opiates (codeine, heroin, morphine)– Phencyclidine (PCP)Phencyclidine (PCP)

Can I use prescribed medications & over-the-Can I use prescribed medications & over-the-counter (OTC) drugs and perform safety-sensitive counter (OTC) drugs and perform safety-sensitive

functions?functions?

• Prescription medicine and OTC drugs may be allowed. Prescription medicine and OTC drugs may be allowed. However, you must meet the following However, you must meet the following minimum minimum standardsstandards– The medicine is prescribed to you by a licensed The medicine is prescribed to you by a licensed

physicianphysician– The physician has made a good faith judgment that The physician has made a good faith judgment that

the prescribed dosage is consistent with the safe the prescribed dosage is consistent with the safe performance of your dutiesperformance of your duties

Can I use prescribed medications & over-the-Can I use prescribed medications & over-the-counter (OTC) drugs and perform safety-sensitive counter (OTC) drugs and perform safety-sensitive

functions?functions?

• Minimum Standards continued…Minimum Standards continued…– The substance is used at the dosage prescribedThe substance is used at the dosage prescribed– If you have multiple physicians, at least one must be If you have multiple physicians, at least one must be

informed of all prescribed medications and has informed of all prescribed medications and has determined that it is safe to perform your dutiesdetermined that it is safe to perform your duties

– Taking prescription medications is not prohibited but Taking prescription medications is not prohibited but other DOT regulations may require medical other DOT regulations may require medical certificationscertifications

Best PracticeBest Practice

• Provide your physician with a detailed description of your Provide your physician with a detailed description of your job.job.

• A title alone may not be sufficientA title alone may not be sufficient• Many employers give the employee a written, detailed Many employers give the employee a written, detailed

description of their job functions to provide their doctors description of their job functions to provide their doctors at the time of the exam at the time of the exam

Remember!Remember!

• Some agencies prohibit the use of specific prescription Some agencies prohibit the use of specific prescription drugsdrugs

• Check with a physician first, but do not forget to consult Check with a physician first, but do not forget to consult your industry-specific regulations before performing your industry-specific regulations before performing safety-sensitive taskssafety-sensitive tasks

• Also be sure to refer to your company’s policy regarding Also be sure to refer to your company’s policy regarding prescription drugsprescription drugs

When will I be tested?When will I be tested?

• Safety-sensitive employees are subject to drug and Safety-sensitive employees are subject to drug and alcohol testing in the following situations:alcohol testing in the following situations:– Pre-employmentPre-employment– Reasonable Suspicion/CauseReasonable Suspicion/Cause– RandomRandom– Return-to-DutyReturn-to-Duty– Follow-upFollow-up– Post-AccidentPost-Accident

Pre-employmentPre-employment

• As a new hire, you are As a new hire, you are requiredrequired to submit to a drug test to submit to a drug test• Only after your employer receives a negative drug test Only after your employer receives a negative drug test

result may you begin performing safety-sensitive result may you begin performing safety-sensitive functionsfunctions

• Also applies if you are a current employee transferring Also applies if you are a current employee transferring from a non-safety-sensitive function into a safety-from a non-safety-sensitive function into a safety-sensitive functionsensitive function

Reasonable Suspicion/CauseReasonable Suspicion/Cause

• You are You are requiredrequired to submit to any test (Drug, Alcohol, or to submit to any test (Drug, Alcohol, or both) that a supervisor requests based on reasonable both) that a supervisor requests based on reasonable suspicionsuspicion

• ……means that one or more trained supervisors means that one or more trained supervisors reasonably believes that you are under the influence of reasonably believes that you are under the influence of drugs or alcoholdrugs or alcohol

• CannotCannot be based on a “hunch” or “guess” be based on a “hunch” or “guess”• Suspicion Suspicion must be based on observationsmust be based on observations of of

appearance, behavior, speech and smellappearance, behavior, speech and smell

RandomRandom

• You are subject to You are subject to unannouncedunannounced random drug & alcohol random drug & alcohol testing.testing.

• Alcohol testing is administered just prior to, during or just Alcohol testing is administered just prior to, during or just after performing safety-sensitive functions.after performing safety-sensitive functions.

• No manager, supervisor, official, or agent may select you No manager, supervisor, official, or agent may select you for testing just because they want tofor testing just because they want to

• Each employee must have an equal chance to be Each employee must have an equal chance to be selected and testedselected and tested

• You will be notified of your selection and provided You will be notified of your selection and provided enough time to stop performing your safety-sensitive enough time to stop performing your safety-sensitive function and report to the testing locationfunction and report to the testing location

RandomRandom

• Failure to show for the test or interfering with the testing Failure to show for the test or interfering with the testing process process can be considered a refusalcan be considered a refusal

Post-AccidentPost-Accident

• If you are involved in an accident meeting certain criteria If you are involved in an accident meeting certain criteria of the DOT agency, a of the DOT agency, a post-accident test will be post-accident test will be requiredrequired

• You will then have to take a drug and an alcohol testYou will then have to take a drug and an alcohol test• You are required to remain available for this testing and You are required to remain available for this testing and

are are not permitted to refusenot permitted to refuse

Remember!Remember!

• Safety-sensitive employees are Safety-sensitive employees are obligated by lawobligated by law to to submit to and cooperate in drug & alcohol testing submit to and cooperate in drug & alcohol testing mandated by DOT regulationsmandated by DOT regulations

Return to DutyReturn to Duty• If you have violated the prohibited drug & alcohol rules, If you have violated the prohibited drug & alcohol rules,

you are you are requiredrequired to take a drug and/or alcohol test to take a drug and/or alcohol test before returningbefore returning to safety-sensitive functions to safety-sensitive functions

• You are subject to You are subject to unannounced follow-up testingunannounced follow-up testing at at least 6 times in the first 12 months following your return least 6 times in the first 12 months following your return to active safety-sensitive serviceto active safety-sensitive service

• Return-to-Duty tests must be conducted under Return-to-Duty tests must be conducted under direct direct observationobservation

Follow-upFollow-up

• Amount of follow-up testing is determined by a Amount of follow-up testing is determined by a Substance Abuse Professional (SAP) and may continue Substance Abuse Professional (SAP) and may continue for up to 5 yearsfor up to 5 years

• The SAP will determine how many times you will be The SAP will determine how many times you will be tested (at least 6 times in the first year), for how long, tested (at least 6 times in the first year), for how long, and for what substance (drugs, alcohol, or both)and for what substance (drugs, alcohol, or both)

Follow-upFollow-up

• Your employer is responsible for ensuring that follow-up Your employer is responsible for ensuring that follow-up testing is conducted and completedtesting is conducted and completed

• Follow-up testing is in addition to all other DOT required Follow-up testing is in addition to all other DOT required testingtesting

• All follow-up tests will be observedAll follow-up tests will be observed

Remember!Remember!

• Even if a Substance Abuse Professional (SAP) believes Even if a Substance Abuse Professional (SAP) believes that you are ready to return to work, that you are ready to return to work, an employer is an employer is under no obligationunder no obligation to return you to work. Under the to return you to work. Under the regulations, hiring and reinstatement decisions are left to regulations, hiring and reinstatement decisions are left to the employer. the employer.

How do I find a Substance Abuse How do I find a Substance Abuse Professional (SAP)?Professional (SAP)?

• If you violate a DOT drug or alcohol rule, your employer If you violate a DOT drug or alcohol rule, your employer is required to provide you with a list of SAP’s names, is required to provide you with a list of SAP’s names, addresses, and phone numbers that are available to you addresses, and phone numbers that are available to you and acceptable to them. and acceptable to them. This is true even if your This is true even if your employer terminates your employmentemployer terminates your employment

Overview of DOT Drug TestingOverview of DOT Drug Testing

How is a urine drug test administered?How is a urine drug test administered?

• Regardless of the DOT agency requiring the drug test, Regardless of the DOT agency requiring the drug test, the drug testing process always consists of three the drug testing process always consists of three components:components:– The CollectionThe Collection– Testing at the LaboratoryTesting at the Laboratory– Review by the Medical Review Officer (MRO)Review by the Medical Review Officer (MRO)

The CollectionThe Collection

• Verify your identity using a current valid photo IDVerify your identity using a current valid photo ID• Create a secure collection siteCreate a secure collection site• Afford you privacy to provide a urine specimenAfford you privacy to provide a urine specimen• Ask you to remove any unnecessary garments and Ask you to remove any unnecessary garments and

empty your pocketsempty your pockets• Instruct you to wash and dry your handsInstruct you to wash and dry your hands• Select or have you select a sealed collection kit and Select or have you select a sealed collection kit and

open it in your presenceopen it in your presence• Request you to provide a specimen (minimum 45ml) of Request you to provide a specimen (minimum 45ml) of

your urine into the collection containeryour urine into the collection container• Check the temperature and color of the urineCheck the temperature and color of the urine

During the collection process, a urine specimen collector will:During the collection process, a urine specimen collector will:


• In your presence, pour the urine into 2 separate bottles, In your presence, pour the urine into 2 separate bottles, seal them with tamper-evident tape, and then ask you to seal them with tamper-evident tape, and then ask you to sign the seals after they have been placed on the bottlessign the seals after they have been placed on the bottles

• Ask you to provide your name, date of birth, and phone Ask you to provide your name, date of birth, and phone numbers on the MRO copy of the Federal Drug Testing numbers on the MRO copy of the Federal Drug Testing Custody and Control Form (CCF)Custody and Control Form (CCF)

• Complete necessary documentation on the Laboratory Complete necessary documentation on the Laboratory Copy of the CCF to demonstrate the chain of custody of Copy of the CCF to demonstrate the chain of custody of the specimenthe specimen

• Give you the Employee Copy of the CCF and may Give you the Employee Copy of the CCF and may suggest you list any prescription or over-the-counter suggest you list any prescription or over-the-counter medications you may be takingmedications you may be taking



• Package and ship both sealed bottles and completed Package and ship both sealed bottles and completed CCF to a U.S. Health and Human Services (HHS) CCF to a U.S. Health and Human Services (HHS) certified testing laboratory as quickly as possiblecertified testing laboratory as quickly as possible

• REMEMBER: Neither you nor the collector should let REMEMBER: Neither you nor the collector should let the specimen out of your sight until it has been poured the specimen out of your sight until it has been poured into into two separate bottles and sealedtwo separate bottles and sealed!!



• If you are unable to provide 45ml of urine on the first If you are unable to provide 45ml of urine on the first attempt, the time will be noted and you will be:attempt, the time will be noted and you will be:– Required to remain in the testing area under the Required to remain in the testing area under the

supervision of the collection site personnel (supervision of the collection site personnel (leaving leaving may be considered a refusal to testmay be considered a refusal to test))

– Urged to drink up to 40 0z. Of fluid over up to 3 hoursUrged to drink up to 40 0z. Of fluid over up to 3 hours– Asked to provide a new specimenAsked to provide a new specimen– If unable to provide a sufficient specimen within 3 If unable to provide a sufficient specimen within 3

hours, you must obtain a medical evaluation within 5 hours, you must obtain a medical evaluation within 5 days to determine if there is an acceptable medical days to determine if there is an acceptable medical reason for not being able to provide a specimen reason for not being able to provide a specimen

Testing at the LaboratoryTesting at the Laboratory

• Determine if flaws exist. If flaws exist, the specimen is Determine if flaws exist. If flaws exist, the specimen is rejected for testingrejected for testing

• Open only the “A” bottle and conduct a screening test. Open only the “A” bottle and conduct a screening test. Specimens that screen positive will be analyzed again Specimens that screen positive will be analyzed again using completely different testing methodologyusing completely different testing methodology– A negative result in either test will be reported as a A negative result in either test will be reported as a

negativenegative– The specimen will only be reported as a positive to The specimen will only be reported as a positive to

the MRO if the result of both tests are positivethe MRO if the result of both tests are positive

At the laboratory, the staff will:At the laboratory, the staff will:

Testing at the LaboratoryTesting at the Laboratory

• Report the findings of the analysis of the “A” bottle to the Report the findings of the analysis of the “A” bottle to the Medical Review OfficerMedical Review Officer

• Store the “A” and “B” bottles for any reported positive, Store the “A” and “B” bottles for any reported positive, adulterated, or substituted result for at least 12 monthsadulterated, or substituted result for at least 12 months

• REMEMBER: The lab will conduct specimen validity REMEMBER: The lab will conduct specimen validity tests (SVT’s) to determine if the specimen was tests (SVT’s) to determine if the specimen was adulterated or substitutedadulterated or substituted

At the laboratory, the staff will:At the laboratory, the staff will:

Review by the Medical Review OfficerReview by the Medical Review Officer

• Review paperwork for accuracyReview paperwork for accuracy• Report a negative result to the Designated Employee Report a negative result to the Designated Employee

Representative (DER)Representative (DER)• If the result is positive, adulterated, or substituted, If the result is positive, adulterated, or substituted,

conduct an interview with you to determine if there was a conduct an interview with you to determine if there was a legitimate medical reason for the result and report the legitimate medical reason for the result and report the appropriate determination to the DER (cancelled, appropriate determination to the DER (cancelled, positive, or refusal)positive, or refusal)

Upon receipt of the test result, the MRO will:Upon receipt of the test result, the MRO will:

Review by the Medical Review OfficerReview by the Medical Review Officer

• Report a non-negative test result to the DER if:Report a non-negative test result to the DER if:– You refused to discuss the results with the MRO orYou refused to discuss the results with the MRO or– You did not provide the MRO with acceptable medical You did not provide the MRO with acceptable medical

documentation to explain the non-negative test result.documentation to explain the non-negative test result.• Inform you that you have 72 hours from the time Inform you that you have 72 hours from the time

of the verified result to request to have your “B” of the verified result to request to have your “B” bottle sent to another certified lab for analysis for bottle sent to another certified lab for analysis for the same substance or condition that was found the same substance or condition that was found in the “A” bottlein the “A” bottle

Upon receipt of the test result, the MRO will:Upon receipt of the test result, the MRO will:

How is an alcohol test administered?How is an alcohol test administered?

• The DOT performs alcohol testing in a manner to ensure The DOT performs alcohol testing in a manner to ensure the validity of the testing as well as provide the validity of the testing as well as provide confidentiality of the employee’s testing informationconfidentiality of the employee’s testing information


• Establish a private testing areaEstablish a private testing area• Require you to sign “Step #2” of the Alcohol Testing Require you to sign “Step #2” of the Alcohol Testing

Form (ATF)Form (ATF)• Perform a screening test and show you the test result. If Perform a screening test and show you the test result. If

the result is an alcohol concentration of less than 0.02, the result is an alcohol concentration of less than 0.02, no further testing is authorized and no DOT action will be no further testing is authorized and no DOT action will be taken. The technician will document the result on the taken. The technician will document the result on the ATF, provide you and your employer with a copyATF, provide you and your employer with a copy

A Screening Test Technician (STT) or a A Screening Test Technician (STT) or a Breath Alcohol Technician (BAT) will:Breath Alcohol Technician (BAT) will:


• If the result is 0.02 or greater, you will be required to take If the result is 0.02 or greater, you will be required to take a confirmation test, which can only be administered by a confirmation test, which can only be administered by BAT using an Evidential Breath Testing (EBT) device. BAT using an Evidential Breath Testing (EBT) device. The BAT will:The BAT will:– Wait at least 15 minutes, but not more than 30 Wait at least 15 minutes, but not more than 30

minutes, before conducting the confirmation testminutes, before conducting the confirmation test– Perform an “air blank” on the EBT devicePerform an “air blank” on the EBT device– Perform a confirmation test using a new mouthpiecePerform a confirmation test using a new mouthpiece– Document the confirmation test result on the ATF, Document the confirmation test result on the ATF,

provide copies to you and your employerprovide copies to you and your employer– Report any result of 0.02 or greater to your employerReport any result of 0.02 or greater to your employer

REMEMBER!REMEMBER!

• Leaving the testing area without authorization may Leaving the testing area without authorization may be considered a refusal to test!be considered a refusal to test!


• If after several attempts you are unable to provide an If after several attempts you are unable to provide an adequate amount of breath:adequate amount of breath:– Testing will be stoppedTesting will be stopped– You will be instructed to take a medical evaluation to You will be instructed to take a medical evaluation to

determine if there is an acceptable medical reason for determine if there is an acceptable medical reason for not providing a samplenot providing a sample

– If no legitimate physiological or psychological reason, If no legitimate physiological or psychological reason, the test will be treated as a refusal.the test will be treated as a refusal.

Confirmation test results are the final Confirmation test results are the final outcome of the test!outcome of the test!

• Less than 0.02Less than 0.02– No action required under 49 CFR Part 40No action required under 49 CFR Part 40

• 0.02 – 0.0390.02 – 0.039– FMCSA requires that you not resume safety-sensitive FMCSA requires that you not resume safety-sensitive

functions for 24 hoursfunctions for 24 hours

• 0.04 or greater0.04 or greater– Immediate removal from safety-sensitive functions. Immediate removal from safety-sensitive functions.

You may not resume safety-sensitive functions until You may not resume safety-sensitive functions until you successfully complete the return-to-duty processyou successfully complete the return-to-duty process

Should I refuse a test if I believe I was Should I refuse a test if I believe I was unfairly selected for testing?unfairly selected for testing?

• If you are instructed to submit to a DOT drug or alcohol If you are instructed to submit to a DOT drug or alcohol test and you don’t agree with the reason for the test, take test and you don’t agree with the reason for the test, take the test anyway. Don’t interfere with the testing process the test anyway. Don’t interfere with the testing process or refuse the test.or refuse the test.

• After the test, express your concerns to your employer After the test, express your concerns to your employer through a letter to your company’s dispute resolution through a letter to your company’s dispute resolution office, by following an agreed upon labor grievance or office, by following an agreed upon labor grievance or other company procedures.other company procedures.

RULE OF THUMB: RULE OF THUMB: Comply then make a timely complaintComply then make a timely complaint

What is considered a refusal to test?What is considered a refusal to test?

• Failure to appear for any test after being directed to do so.Failure to appear for any test after being directed to do so.• Failure to remain at the testing site until the testing process is complete.Failure to remain at the testing site until the testing process is complete.• Failure to provide a urine or breath sample for any test required.Failure to provide a urine or breath sample for any test required.• Failure to permit the observation of you providing a urine sample (when Failure to permit the observation of you providing a urine sample (when

direct observation is required).direct observation is required).• Failure to provide a sufficient urine or breath sample without adequate Failure to provide a sufficient urine or breath sample without adequate

medical explanation for the failure.medical explanation for the failure.• Failure to take a second test when directed to do so.Failure to take a second test when directed to do so.• Failure to cooperate with any part of the testing process.Failure to cooperate with any part of the testing process.• Failure to undergo a medical evaluation as part of “shy bladder” or “shy Failure to undergo a medical evaluation as part of “shy bladder” or “shy

lung” procedures.lung” procedures.

DOT regulations prohibit you from refusing a test. TheDOT regulations prohibit you from refusing a test. Thefollowing are some examples:following are some examples:

What is considered a refusal to test?What is considered a refusal to test?

• Failure to sign Step #2 of the ATF.Failure to sign Step #2 of the ATF.• Providing a specimen that is verified as adulterated or substituted.Providing a specimen that is verified as adulterated or substituted.• Failure to cooperate with ANY part of the testing process (failure to empty Failure to cooperate with ANY part of the testing process (failure to empty

pockets, confrontational behavior, failure to follow directions, etc.).pockets, confrontational behavior, failure to follow directions, etc.).• Failure to follow the observer’s directions (during a direct observation Failure to follow the observer’s directions (during a direct observation

collection).collection).• Possess or wear a prosthetic or other device that could interfere with the Possess or wear a prosthetic or other device that could interfere with the

collection process.collection process.• Admit to the collector or MRO that you adulterated or substituted the Admit to the collector or MRO that you adulterated or substituted the

specimen.specimen.

DOT regulations prohibit you from refusing a test. TheDOT regulations prohibit you from refusing a test. Thefollowing are some examples (cont.):following are some examples (cont.):

What happens if I test positive, refuse a test, or What happens if I test positive, refuse a test, or violate an agency specific drug & alcohol rule?violate an agency specific drug & alcohol rule?

• A supervisor or company official will A supervisor or company official will immediately removeimmediately remove you from DOT regulated safety-sensitive functions.you from DOT regulated safety-sensitive functions.


• You will not be permitted to return to performing DOT You will not be permitted to return to performing DOT regulated safety-sensitive duties until you have:regulated safety-sensitive duties until you have:– Undergone an evaluation by a Substance Abuse Undergone an evaluation by a Substance Abuse

Professional (SAP)Professional (SAP)– Successfully completed any education, counseling or Successfully completed any education, counseling or

treatment prescribed by the SAP prior to returning to treatment prescribed by the SAP prior to returning to service; andservice; and

– Provided a negative test result for drugs and/or a test Provided a negative test result for drugs and/or a test result of less than 0.02 for alcohol. result of less than 0.02 for alcohol.


• Upon return to a safety-sensitive job, you will be subject Upon return to a safety-sensitive job, you will be subject to unannounced testing for drugs and/or alcohol no less to unannounced testing for drugs and/or alcohol no less than 6 times during the first 12 months of active service than 6 times during the first 12 months of active service with the possibility of unannounced testing for up to 60 with the possibility of unannounced testing for up to 60 months (as prescribed by the SAP). These tests months (as prescribed by the SAP). These tests (including the return-to-duty test) will be directly (including the return-to-duty test) will be directly observed.observed.

Will I lose my job if I violate drug & alcohol Will I lose my job if I violate drug & alcohol regulations?regulations?

• DOT regulations do not address employment actions such as hiring, DOT regulations do not address employment actions such as hiring, firing or granting leaves of absence.firing or granting leaves of absence.

• All employment decisions are the responsibility of the employers.All employment decisions are the responsibility of the employers.• Under Federal regulations, the main requirement for employers is to Under Federal regulations, the main requirement for employers is to

immediately remove employees from performing DOT regulated immediately remove employees from performing DOT regulated safety-sensitive jobs.safety-sensitive jobs.

• While you may not lose your job, you may lose your certification or While you may not lose your job, you may lose your certification or license to perform that job.license to perform that job.

• Example: Someone operating a commercial motor vehicle may not Example: Someone operating a commercial motor vehicle may not lose their state-issued CDL, but they will lose their ability to perform lose their state-issued CDL, but they will lose their ability to perform any DOT regulated safety-sensitive tasks.any DOT regulated safety-sensitive tasks.

Will my results be confidential?Will my results be confidential?

• Your test results are Your test results are confidential.confidential.• An employer is not permitted to disclose your test results An employer is not permitted to disclose your test results

to outside parties without your written consent.to outside parties without your written consent.• BUTBUT, your test information may be released in certain , your test information may be released in certain

situations, such as: legal proceedings, grievances, or situations, such as: legal proceedings, grievances, or administrative proceedings brought by you or on your administrative proceedings brought by you or on your behalf, which resulted from a positive or refusal.behalf, which resulted from a positive or refusal.

• When information is released, the employer must notify When information is released, the employer must notify you in writing.you in writing.

Will the results follow me to different employers?Will the results follow me to different employers?

• Your drug & alcohol testing history will follow you to your Your drug & alcohol testing history will follow you to your new employer, new employer, if that employer is regulated by a DOT if that employer is regulated by a DOT agency.agency.

• Employers are Employers are required by lawrequired by law to provide records of to provide records of your drug & alcohol testing history to your new employer.your drug & alcohol testing history to your new employer.

• This is to ensure that you have completed the return-to-This is to ensure that you have completed the return-to-duty process and are being tested according to your duty process and are being tested according to your follow-up testing plan.follow-up testing plan.

YES!YES!

What should I do if I have a drug or alcohol abuse What should I do if I have a drug or alcohol abuse problem?problem?

• Seek help!Seek help!• By abusing drugs or alcohol, you risk your own life, your By abusing drugs or alcohol, you risk your own life, your

co-workers lives and the lives of the public.co-workers lives and the lives of the public.• Most every community in the country has resources Most every community in the country has resources

available to confidentially assist you through the available to confidentially assist you through the evaluation and treatment of your problem.evaluation and treatment of your problem.

• Check with your local yellow pages, local health Check with your local yellow pages, local health department or visit the U.S. Department of Health and department or visit the U.S. Department of Health and Human Services treatment facility locator at Human Services treatment facility locator at http://findtreatment.samhsa.gov/http://findtreatment.samhsa.gov/

Are there any other resources?Are there any other resources?

• You employer may also have:You employer may also have:– Employee Assistance ProgramsEmployee Assistance Programs– Voluntary Referral ProgramsVoluntary Referral Programs– Peer Reporting ProgramsPeer Reporting Programs– Education and Training ProgramsEducation and Training Programs

But, I have more questions?But, I have more questions?

• ODAPC is available to help answer anyone’s ODAPC is available to help answer anyone’s questions regarding DOT drug & alcohol testing questions regarding DOT drug & alcohol testing regulations.regulations.

• Contact the OADPC at (202) 366-DRUG or visit Contact the OADPC at (202) 366-DRUG or visit their website at their website at www.dot.gov/ost/dapc for for frequently asked questions, official frequently asked questions, official interpretations of the regulations and regulatory interpretations of the regulations and regulatory guidelines.guidelines.

• FMCSA specific information at (202) 366-2096 FMCSA specific information at (202) 366-2096 or online at or online at www.fmcsa.dot.gov

http://www.dot.gov/ost/dapc

http://www.fmcsa.dot.gov/

Documents

Office of Drug & Alcohol Policy & Compliance - My Copy