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The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 49 CFR Part 40, or simply, Part 40, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation. For example, whether you are an airline employee covered by FAA rules or a trucking company driver covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. 

Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry. 

Since the early 1990s, the Federal Motor Carrier Safety Administration (FMCSA) and its predecessor agency has defined drug and alcohol testing rules and regulations for employees who drive commercial trucks and buses that require a commercial driver's license (CDL). The purpose of these regulations is to identify who is subject to testing, when they are tested and in what situations. The regulations also impose privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information. 

The FMCSA controlled substances and alcohol use and testing regulations can be found at 49 CFR Part 382.

The DOT requires safety sensitive professionals to comply with the rules and regulations dictated by the DOT. The DOT’s responsibility is public safety. The DOT Safety Sensitive Professional is SAFETY FIRST. DOT enforcement agencies conduct regular audits or investigations at the different entities employing safety sensitive employees.

DOT training requirements address admission-level training, education/instruction on drug and alcohol testing requirements, and longer comprehensive training (if applicable).

Questions?

Are you a professional with questions on drug and alcohol testing rules and regulations? Resources on the following website can help you find answers to these common questions: 

• Who is tested?
• Which substances are tested?
• When does testing occur?
• What are the testing procedures?
• What if I fail or refuse a test?
• What resources are available to drivers?
• Overview of Drug and Alcohol Rules | FMCSA (dot.gov)

Substance abuse may start out as a bad habit, but it can quickly become a harmful disease. The use and abuse of alcohol and drugs are serious health issues that should not be ignored or minimized. If left untreated, abuse can develop into drug dependence or alcoholism. As a result, it is important to recognize the signs and symptoms of alcohol and drug abuse early.

•Signs of Drug And Alcohol Abuse

•You have problems at work or school because of your drinking/drug use, such as being late or not going at all.

•You drink/do drugs in risky situations, such as before or while driving a car.

•After drinking/doing drugs, you can't remember what happened while you were drinking/doing drugs (blacking out).

•You have legal or work problems because of your drinking/drug use, such as being arrested for harming someone or driving while drunk.

•Your friends, family members or co-workers are worried about your drinking/drug use.

Signs of Drug and Alcohol Dependence or Addiction

•You cannot quit or control how much you drink/do drugs.

•You need to drink/do drugs more to get the same effect.

•You have withdrawal symptoms when you stop drinking/doing drugs. These include feeling sick to your stomach, sweating,

•shakiness, and anxiety.

•You spend a lot of time drinking/doing drugs and recovering.

•You have given up other activities so you can drink/do drugs.

•You keep drinking/doing drugs even though it harms your relationships and causes health problems.

Where Can I Find More Information on Treatment and Recovery?

•Drug and alcohol addiction are treatable problems. Treatment programs are offered at many levels of care from intensive inpatient 24 hour-care to outpatient care. Call The 24/7 Drug Abuse & Addiction Hotline | National Drug Helpline