DOT Drug Testing Overview

Department of Transportation (DOT) drug and alcohol testing regulations cover the millions of employees in the transportation industry, pursuant to the Omnibus Transportation Employee Testing Act (OTETA).1 The regulations, developed and administered by DOT, apply to employees under the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA) and the Research and Special Programs Administration (RSPA).2

Specific regulations also apply to employees of the Federal Rules and Safety Administration.3 Each type of transportation industry may have its own specific regulations. You can find more information at DOT’s Office of Drug and Alcohol Policy and Compliance website.

The DOT uses a 5-panel drug test regimen, including:

• Marijuana (THC)
• Cocaine
• Amphetamines
• Opioids
• Phencyclidine (PCP)

In 2018, DOT added hydrocodone, hydromorphone, oxymorphone and oxycodone to the opioids category in response to increased use of opioids nationwide.

Prohibitions

The OTETA regulations prohibit:

• Being on duty while having an alcohol concentration of 0.04 or greater
• Possessing alcohol
• Using alcohol on duty
• Using alcohol before duty
• Using alcohol after an accident
• Refusing to submit to a required alcohol or controlled substances test
• Reporting for or remaining on duty when using a controlled substance, except when used pursuant to a physician’s instructions and when the physician advised a driver that the substance does not adversely affect the ability to operate a commercial motor vehicle
• Any driver who has tested positive for controlled substances from remaining on duty or performing safety-sensitive functions

DOT specifically states that state recreational marijuana laws, like California’s, have no bearing on its regulated drug testing program. DOT does not authorize Schedule 1 drugs, including marijuana, for any reason. This includes medicinal use of marijuana.4

Employer Requirements

The regulations allow you to require a driver to advise you of any therapeutic drug use. The regulations also require you to:

• Maintain records related to:
• The testing process
• Test results
• Substance abuse professional evaluations
• Violations of the regulations
• Maintain calendar year summaries of results of alcohol and controlled substances testing programs using required management information system forms
• Provide information when a driver applies for a position with a new employer
• Obtain information on:
• A prospective driver’s alcohol tests with a 0.04 or greater concentration level
• Refusals to be tested
• Positive controlled substances test results
• Prohibit a driver from performing safety-sensitive functions for more than 14 days if the above information is not obtained
• Provide specific educational materials to drivers and obtain a signed certificate of receipt for the materials
• Provide at least two hours of alcohol and controlled substance training to supervisors

Consequences for Drivers

A driver who engages in conduct prohibited by the regulations must:

• Be removed from safety-sensitive functions
• Be referred to a substance abuse professional for evaluation, unless the driver is an applicant or the positive test is for alcohol at a concentration of 0.02 or greater but less than 0.04
• Obtain a negative result in a return-to-duty test
• Properly follow a rehabilitation program if recommended
• Be subject to unannounced follow-up testing following a return to duty

DOT Testing Regulations

DOT’s regulations require employers to use a Department of Transportation Alcohol Testing Form for DOT alcohol tests.5 You can download this form.

All DOT-regulated employers must also ensure that they and their service agents use the federal Custody and Control Form (CCF) for samples. You can download this form.

Triple Damages for Injury Due to Drug or Alcohol Use

Under state law, you may be liable for triple damages when one of your commercial vehicle drivers injures another person in the course of employment if both of the following conditions are met:

• The commercial vehicle’s driver was under the influence of alcohol or a controlled substance at the time of the injury.
• At the time of the injury, you willfully failed to comply with DOT testing requirements.6

Employment Requirements for Commercial Drivers

California law requires that an applicant for employment as a commercial driver or as an owner-operator must have received negative test results for all required DOT testing before being placed on duty.7 In addition, you must complete a full investigation of the driver’s employment history as required by federal law. Whether making or receiving inquiries about a driver’s history, you must document all steps you take to comply with this requirement.8

Employment Screening Services

You can use an employment screening service to review applications if the screening services provided satisfy requirements of state and federal law. You must abide by any of the screening service’s findings that disqualify an applicant from operating a commercial vehicle.9

Penalties for Violating DOT Testing Regulations

Violation of DOT testing laws is a misdemeanor under state law, punishable by six months in jail and/or a fine of up to $5,000.10

The California Highway Patrol (CHP) can suspend your motor carrier permit for up to one year for failure to comply with DOT testing regulations or failure to make copies of test results and other records available for inspection by the CHP.11

1. Omnibus Transportation Employee Testing Act of 1991, Pub. L. No. 102-143; 59 Fed Reg. 7301; 49 CFR Part 40

2. 49 CFR Part 40

3. 49 CFR Part 382

4. https://www.transportation.gov/odapc/medical-marijuana-notice (DOT "Medical Marijuana" Notice)

5. 49 CFR Part 40

6. Civ. Code sec. 3333.7

7. Vehicle Code sec. 34520(f)

8. Vehicle Code sec. 34520(g)

9. Vehicle Code sec. 34520(h)

10. Vehicle Code sec. 34520(i)

11. Vehicle Code sec. 34623(c)