[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.13]



[Page 635]

 

                        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.