49 CFR Part 40 and DOT Agency Regulations – What’s the Difference?
When it comes to DOT regulations sometimes it’s more useful to know where to look for an answer than it is to try to memorize all the answers. While CFR 49 Part 40 contains the answers to many questions regarding DOT regulations, this set of regulations is not the only source for information.
Consider the question “What is the criteria for a truck driver to take a post-accident alcohol test?” No matter how thoroughly you look in the Part 40 regulations, you won’t find the answer there. The answer is found in CFR 49 Part 382, the agency specific regulations for the Federal Motor Carrier Safety Administration (FMCSA). (Click here to see the answer.)
Here are the basic differences between Part 40 regulations and the agency specific regulations.
49 CFR Part 40 covers the following categories, and is applicable to every operating agency:
- how drug and alcohol testing is conducted,
- who is authorized to participate in the drug and alcohol testing program, and
- what employees must do before they may return-to-duty following a drug and/or alcohol violation.
The DOT agency specific regulations cover:
- the agency’s prohibitions on drug and alcohol use,
- who is subject to the regulations,
- what testing is authorized,
- when testing is authorized, and
- the consequences of non-compliance.
The DOT regulations, as well as the agency specific regulations, can be found at www.dot.gov/odapc. (Look under “Regulations and Interpretations” on the left-side menu.)
Every student who attends AlcoPro’s BAT training receives a manual that includes the references discussed above. This information is just a small part of the wealth of information included in AlcoPro’s training classes and manuals.