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Drug Testing

DOT Rule 49 CFR Part 40 Section 40.210

Subpart I—Problems in Drug Tests

§ 40.210 Are drug tests other than urine permitted under the regulations?

            No.  Drug tests other than on urine specimens are not authorized for testing under this part.  Only urine specimens screened and confirmed at HHS certified laboratories (see §40.81) are allowed for drug testing under this part.  Point-of-collection urine testing or instant tests are not authorized.

Updated: Tuesday, January 2, 2018

Notice: Federal Drug Testing Custody and Control Form

On Monday November 13, 2017, the Department of Transportation (DOT) published a final rule in the Federal Register.  The final rule, among other items, added four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone) to our drug testing panel.  It also added methylenedioxyamphetamine (MDA) as an initial test analyte and removed the testing for methylenedioxyethylamphetaime (MDEA).

When is the final rule effective?

   The final rule is effective January 1, 2018.

Updated: Friday, December 1, 2017

DOT Rule 49 CFR Part 40 Section 40.171 Q&A


§40.171                                                                     01/02

QUESTION:

Can someone other than the employee direct that an MRO have the employee’s split specimen tested?

ANSWER:

• No. Because the split specimen exists to provide the employee with “due process” in the event that he or she desires to challenge the primary specimen’s results, only the employee can request that the split specimen be tested.

Updated: Thursday, September 15, 2016

DOT Rule 49 CFR Part 40 Section 40.209

Subpart I—Problems in Drug Tests

§ 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action?
 
(a) As a collector, laboratory, MRO, employer or other person administering the drug testing process, you must document any errors in the testing process of which you become aware, even if they are not considered problems that will cause a test to be cancelled as listed in this subpart.
Updated: Wednesday, June 7, 2017

DOT Rule 49 CFR Part 40 Section 40.208

Subpart I—Problems in Drug Tests

§ 40.208 What problem requires corrective action but does not result in the cancellation of a test?
 
(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that the specimen temperature on the CCF was not checked and the “Remarks” line did not contain an entry regarding the temperature being out of range, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure
Updated: Wednesday, June 7, 2017

DOT Rule 49 CFR Part 40 Section 40.207

Subpart I—Problems in Drug Tests

§ 40.207 What is the effect of a cancelled drug test?
 
(a) A cancelled drug test is neither positive nor negative.
 
(1) As an employer, you must not attach to a cancelled test the consequences of a positive test or other violation of a DOT drug testing regulation (e.g., removal from a safety-sensitive position).
 
(2) As an employer, you must not use a cancelled test for the purposes of a negative test to authorize the employee to perform safety-sensitive functions (i.e.
Updated: Wednesday, June 7, 2017
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