Frequently Asked Question

Generally, DOT regulations cover safety-sensitive transportation employers and employees. Each DOT agency (FRA, FMCSA, FTA, FAA, and PHMSA) and the USCG have specific drug and alcohol testing regulations that outline who is subject to their testing regulations.
( https://www.transportation.gov/odapc/agencies)

You can also try the decision tree “Am I Covered?” from the U.S. DOT official page. It will assist you in determining whether or not you are covered.
( https://www.transportation.gov/odapc/am-i-covered )

Any person who holds a Commercial Driver’s License (CDL) and Operates a Commercial Motor Vehicle (CMV) in any state. A CMV is defined as a vehicle: with a gross vehicle weight or combination weight of 26,001 or more lbs. or designed to carry 16 or more passengers (including the driver) or of any size that is used to transport hazardous materials which require the vehicle to be placarded.

Random selections for drug testing are typically conducted using a computerized system or a random number generator. These systems assign a unique identifier to each individual subject to testing, such as employee ID numbers or driver's license numbers, and then randomly select a predetermined percentage of these identifiers for testing each time a selection is made.

In a truly random selection process, a high probability exists that some employees will be selected several times while others may never be selected. Why? Because after each selection, the employee’s name is returned to the same pool, and he or she becomes just as likely as anyone else to be selected next time. Each employee shall have an equal chance of being tested each time selections are made.

When you test positive or refuse a test, you are not permitted to perform safety-sensitive duties for any DOT-regulated employer until you have seen a Substance Abuse Professional (SAP) and successfully completed the return-to-duty process, which includes a Federal return-to-duty drug and/or alcohol test. Working in a safety-sensitive position before successfully completing the return-to-duty process is a violation of the regulations.

The laboratory that tests your specimen will send your test results to a Medical Review Officer (MRO) and if your result is positive the MRO will call you regarding your test result.  The MRO will discuss with you any possible medication you are taking which could affect the outcome of the drug test.  If there is a prescription the MRO will ask for the prescription information and pharmacy and verify this.  If everything checks out your test result will have a final result of negative.

No, random testing cannot typically be substituted for required follow-up testing. Random testing and follow-up testing serve different purposes within a drug testing program. While both types of testing aim to ensure adherence to drug and alcohol policies and promote safety, they serve distinct purposes and cannot be used interchangeably. Random testing helps to deter substance use among all employees, while follow-up testing is targeted toward individuals with a history of substance abuse or positive test results to support their recovery and ensure ongoing compliance.

While it's possible for some alcohol-based products like mouthwash or certain medications to produce false positives on alcohol tests, confirmatory testing can typically distinguish between incidental exposure and alcohol consumption. It's important to inform testing personnel of any recent use of such products

Dilute means the urine specimen had more water than urine. This basically means that the donor consumed a large quantity of water before providing the urine specimen. Maybe the person drinks a lot of water, maybe they drank a lot of water on purpose in order to try and cheat on the test.  Employers should have a provision in the drug-free workplace policy for negative dilute results. This policy can state that the negative dilute is accepted as negative or that the employer requires the person to go back for another test.

The Clearinghouse is a secure online database that gives real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.

Driver violation records will be available in the Clearinghouse for five years from the date of the violation determination, or until the violation is resolved through the successful completion of the return-to-duty (RTD) process and follow-up testing plan, whichever is later.

An owner-operator (an employer who employs himself or herself as a CDL driver, typically a single-driver operation) is subject to the requirements pertaining to employers as well as those pertaining to drivers. Under the Clearinghouse final rule, an employer who employs himself or herself as a CDL driver must designate a consortium/third-party administrator (C/TPA) to comply with the employer’s Clearinghouse reporting requirements.