[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.13]

[Page 598]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 
PROGRAMS--Table of Contents
 
                   Subpart B_Employer Responsibilities
 
Sec.  40.13  How do DOT drug and alcohol tests relate to non-DOT tests?

    (a) DOT tests must be completely separate from non-DOT tests in all 
respects.
    (b) DOT tests must take priority and must be conducted and completed 
before a non-DOT test is begun. For example, you must discard any excess 
urine left over from a DOT test and collect a separate void for the 
subsequent non-DOT test.
    (c) Except as provided in paragraph (d) of this section, you must 
not perform any tests on DOT urine or breath specimens other than those 
specifically authorized by this part or DOT agency regulations. For 
example, you may not test a DOT urine specimen for additional drugs, and 
a laboratory is prohibited from making a DOT urine specimen available 
for a DNA test or other types of specimen identity testing.
    (d) The single exception to paragraph (c) of this section is when a 
DOT drug test collection is conducted as part of a physical examination 
required by DOT agency regulations. It is permissible to conduct 
required medical tests related to this physical examination (e.g., for 
glucose) on any urine remaining in the collection container after the 
drug test urine specimens have been sealed into the specimen bottles.
    (e) No one is permitted to change or disregard the results of DOT 
tests based on the results of non-DOT tests. For example, as an employer 
you must not disregard a verified positive DOT drug test result because 
the employee presents a negative test result from a blood or urine 
specimen collected by the employee's physician or a DNA test result 
purporting to question the identity of the DOT specimen.
    (f) As an employer, you must not use the CCF or the ATF in your non-
DOT drug and alcohol testing programs. This prohibition includes the use 
of the DOT forms with references to DOT programs and agencies crossed 
out. You also must always use the CCF and ATF for all your DOT-mandated 
drug and alcohol tests.