DOT Regulations - 49 CFR Part 40
Subpart A - Administration Provisions
Subpart B - Employer Responsibilities
- § 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?
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Subpart C - Specimen Collection Personnel
- § 40.31 Who may collect specimens for DOT drug testing?
- § 40.33 What training requirements must a collector meet for urine collection?
- Section 40.33 Questions and Answers
- § 40.35 What training requirements must a collector meet for oral fluid collection?
- Section 40.35 Questions and Answers
- § 40.36 What information about the DER must employers provide to collectors?
Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine and Oral Fluid Collections
- § 40.40 What form is used to document a DOT collection?
- § 40.41 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?
- § 40.42 Where does a urine collection for a DOT drug test take place?
- § 40.43 What steps must operators of collection sites and collectors take to protect the security and integrity of urine collections?
- Section 40.43 Questions and Answers
- § 40.44 What materials are used to collect urine specimens?
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Subpart E - Specimen Collections
- § 40.61 What are the preliminary steps in the drug testing collection process?
- Section 40.61 Questions and Answers
- § 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?
- § 40.65 What does the collector check for when the employee presents a urine specimen?
- Section 40.65 Questions and Answers
- § 40.67 When and how is a directly observed urine collection conducted?
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Subpart F - Drug Testing Laboratories
- § 40.81 What laboratories may be used for DOT drug testing?
- § 40.82 What drugs do laboratories test for?
- § 40.83 How do laboratories process incoming specimens?
- Section 40.83 Questions and Answers
- § 40.84 How long does the laboratory retain specimens after testing?
- § 40.85 What are the cutoff concentrations for urine drug tests?
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Subpart G—Medical Review Officers and the Verification Process
- § 40.121 Who is qualified to act as an MRO?
- § 40.123 What are the MRO's responsibilities in the DOT drug testing program?
- § 40.125 What relationship may an MRO have with a laboratory?
- § 40.127 What are the MRO's functions in reviewing negative test results?
- Section 40.127 Questions and Answers
- § 40.129 What are the MRO's functions in reviewing laboratory confirmed non-negative drug test results?
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Subpart H—Split Specimen Tests
- § 40.171 How does an employee request a test of a split specimen?
- Section 40.171 Questions and Answers
- § 40.173 Who is responsible for paying for the test of a split specimen?
- § 40.175 What steps does the first laboratory take with a split specimen?
- § 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?
- § 40.179 What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?
- See all 11 articles
Subpart I—Problems in Drug Tests
- § 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
- Section 40.191 Questions and Answers
- § 40.193 What happens when an employee does not provide a sufficient amount of specimen for a drug test?
- Section 40.193 Questions and Answers
- § 40.195 What happens when an individual is unable to provide a sufficient amount of specimen for a pre-employment, follow-up, or return-to-duty test because of a permanent or long-term medical condition?
- § 40.197 What happens when an employer receives a report of a dilute urine specimen?
- See all 17 articles
Subpart J—Alcohol Testing Personnel
Subpart K—Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing
- § 40.221 Where does an alcohol test take place?
- § 40.223 What steps must be taken to protect the security of alcohol testing sites?
- § 40.225 What form is used for an alcohol test?
- Section 40.225 Questions and Answers
- § 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?
- § 40.229 What devices are used to conduct alcohol screening tests?
- See all 11 articles
Subpart L—Alcohol Screening Tests
- § 40.241 What are the first steps in any alcohol screening test?
- § 40.243 What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?
- Section 40.243 Questions and Answers
- § 40.245 What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?
- § 40.247 What procedures does the BAT or STT follow after a screening test result?
Subpart M—Alcohol Confirmation Tests
Subpart N—Problems in Alcohol Testing
- § 40.261 What is a refusal to take an alcohol test, and what are the consequences?
- § 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?
- § 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?
- Section 40.265 Questions and Answers
- § 40.267 What problems always cause an alcohol test to be cancelled?
- § 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?
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Subpart O—Substance Abuse Professionals and the Return-to-Duty Process
- § 40.281 Who is qualified to act as a SAP?
- § 40.283 How does a certification organization obtain recognition for its members as SAPs?
- § 40.285 When is a SAP evaluation required?
- § 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?
- § 40.289 Are employers required to provide SAP and treatment services to employees?
- § 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?
- See all 20 articles
Subpart P—Confidentiality and Release of Information
- § 40.321 What is the general confidentiality rule for drug and alcohol test information?
- § 40.323 May program participants release drug or alcohol test information in connection with legal proceedings?
- § 40.327 When must the MRO report medical information gathered in the verification process?
- Section 40.327 Questions and Answers
- § 40.329 What information must laboratories, MROs, and other service agents release to employees?
- Section 40.329 Questions and Answers
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Subpart Q—Roles and Responsibilities of Service Agents
- § 40.341 Must service agents comply with DOT drug and alcohol testing requirements?
- § 40.343 What tasks may a service agent perform for an employer?
- § 40.345 In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?
- Section 40.345 Questions and Answers
- § 40.347 What functions may C/TPAs perform with respect to administering testing?
- § 40.349 What records may a service agent receive and maintain?
- See all 10 articles
Subpart R—Public Interest Exclusions
- § 40.361 What is the purpose of a public interest exclusion (PIE)?
- § 40.363 On what basis may the Department issue a PIE?
- § 40.365 What is the Department's policy concerning starting a PIE proceeding?
- § 40.367 Who initiates a PIE proceeding?
- § 40.369 What is the discretion of an initiating official in starting a PIE proceeding?
- § 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?
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Appendices
- Appendix A to Part 40—DOT Standards for Urine Collection Kits
- Appendix B to Part 40—Oral Fluid Collection Kit Contents
- Appendix D to Part 40—DOT Drug Testing Semi-Annual Laboratory Report to Employers
- Appendix E to Part 40—Drug Testing Semi-Annual Laboratory Report to DOT
- Appendix F to Part 40—Report Format: Split Specimen Failure To Reconfirm
- Appendix G to Part 40—SAP Equivalency Requirements for Certification Organizations
- See all 10 articles