NCMS Contractor Support
DOT Regulations - 49 CFR Part 40
Subpart B - Employer Responsibilities

§ 40.27 May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?

Updated December 18, 2025 17:05

No, as an employer, you must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO and SAP services).

[66 FR 41950, Aug. 9, 2001]

This information was copied from a federal government resource. Always verify the accuracy of this information against the most recent version of the Code of Federal Regulations: https://www.ecfr.gov/current/title-49/subtitle-A/part-40 or the Office of Drug & Alcohol Policy & Compliance: https://www.transportation.gov/odapc.

Articles in this section

§ 40.11 What are the general responsibilities of employers under this regulation?
§ 40.13 How do DOT drug and alcohol tests relate to non-DOT tests?
§ 40.14 What collection information must employers provide to collectors?
§ 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements?
Section 40.15 Question & Answers
§ 40.17 Is an employer responsible for obtaining information from its service agents?
§ 40.21 May an employer stand down an employee before the MRO has completed the verification process?
Section 40.21 Questions and Answers
§ 40.23 What actions do employers take after receiving verified test results?
§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?