DOT

• What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?
• What information do laboratories report to MROs regarding split specimen results?
• Through what methods and to whom must a laboratory report split specimen results?
• What does the MRO do with split specimen laboratory results?
• Where is other information concerning split specimens found in this regulation?
• What are the consequences for refusing to take a DOT drug test?
• What happens when an employee does not provide a sufficient amount of urine for a drug test?
• What happens when an individual is unable to provide a sufficient amount of urine for a pre-employment follow-up or return-to-duty test because of a permanent or long-term medical condition?
• What happens when an employer receives a report of a dilute specimen?
• What is a Shy Bladder?
• What problems always cause a drug test to be cancelled?
• What problems always cause a drug test to be cancelled and may result in a requirement for another collection?
• What problems cause a drug test to be cancelled unless they are corrected?
• How are drug test problems corrected?
• What is the effect of a cancelled drug test?
• What problem requires corrective action but does not result in the cancellation of a test?
• What procedural problems do not result in the cancellation of a test and do not require corrective action?
• What training requirements must STTs and BATs meet?
• What information about the DER do employers have to provide to BATs and STTs?
• Where is other information on the role of STTs and BATs found in this regulation?
• Where does an alcohol test take place?
• What steps must be taken to protect the security of alcohol testing sites?
• What form is used for an alcohol test?
• May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?
• What devices are used to conduct alcohol screening tests?
• Is the United States Coast Guard (USCG) a DOT Agency with respect to the DOT’s drug and alcohol testing regulation, 49 CFR Part 40?
• What devices are used to conduct alcohol confirmation tests?
• What are the requirements for proper use and care of EBTs?
• What are the requirements for proper use and care of ASDs?
• What are the first steps in any alcohol screening test?
• What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?
• What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?
• What are the consequences for refusing to take an alcohol test?
• What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?
• What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?
• What procedures does the BAT or STT follow after a screening test result?
• What are the first steps in an alcohol confirmation test?
• What are the procedures for conducting an alcohol confirmation test?
• What happens next after the alcohol confirmation test result?
• What problems always cause an alcohol test to be cancelled?
• What problems cause an alcohol test to be cancelled unless they are corrected?
• What is the effect of a cancelled alcohol test?
• How are alcohol testing problems corrected?
• What is the effect of procedural problems that are not sufficient to cancel an alcohol test?
• Are alcohol tests other than saliva or breath permitted under these regulations?
• Who is qualified to act as a SAP?
• How does a certification organization obtain recognition for its members as SAPs?
• When is a SAP evaluation required?
• What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?
• Are employers required to provide SAP and treatment services to employees?
• What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?
• What is the SAP’s function in conducting the initial evaluation of an employee?
• May employees or employers seek a second SAP evaluation if they disagree with the first SAP’s recommendations?
• Video: “What do I do if the seals from the CCF tear?”
• Does anyone have the authority to change a SAP’s initial evaluation?
• What is the SAP’s role and what are the limits on a SAP’s discretion in referring employees for education and treatment?
• What is the SAP’s function in the follow-up evaluation of an employee?
• What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?
• How does the return-to-duty process conclude?
• What is the SAP’s function in prescribing the employee’s follow-up tests?
• What are the employer’s responsibilities with respect to the SAP’s directions for follow-up tests?
• What are the requirements concerning SAP reports?
• Where is other information on SAP functions and the return-to-duty process found in this regulation?
• What is the general confidentiality rule for drug and alcohol test information?
• May program participants release drug or alcohol test information in connection with legal proceedings?
• When must the MRO report medical information gathered in the verification process?
• What information must laboratories, MROs, and other service agents release to employees?
• To what additional parties must employers and service agents release information?
• What drug-testing records must employers keep?
• Must service agents comply with DOT drug and alcohol testing requirements?
• What functions may C/TPAs perform with respect to administering testing?
• What tasks may a service agent perform for an employer?
• In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?
• What records may a service agent receive and maintain?
• What confidentiality requirements apply to service agents?
• What principles govern the interaction between MROs and other service agents?
• What limitations apply to the activities of service agents?
• What is the purpose of a public interest exclusion (PIE)?
• On what basis may the Department issue a PIE?
• What is an MRO Assistant?
• What is the Department’s policy concerning starting a PIE proceeding?
• Who initiates a PIE proceeding?
• What is the discretion of an initiating official in starting a PIE proceeding?
• On what information does an initiating official rely in deciding whether to start a PIE proceeding?
• Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?
• How does the initiating official start a PIE proceeding?
• Who decides whether to issue a PIE?
• How do you contest the issuance of a PIE?
• What information do you present to contest the proposed issuance of a PIE?
• What procedures apply if you contest the issuance of a PIE?
• Who bears the burden of proof in a PIE proceeding?
• What matters does the Director decide concerning a proposed PIE?
• What factors may the Director consider?
• What is the scope of a PIE?
• How long does a PIE stay in effect?
• Can you settle a PIE proceeding?
• When does the Director make a PIE decision?
• How does the Department notify service agents of its decision?
• How does the Department notify employers and the public about a PIE?
• Must a service agent notify its clients when the Department issues a PIE?
• May the Federal courts review PIE decisions?
• What does the issuance of a PIE mean to transportation employers?
• May a service agent ask to have a PIE reduced or terminated?
• What is the role of the DOT Inspector General’s office?
• What criteria do laboratories use to establish that a specimen is invalid?
• Who May Perform a DOT Alcohol Test?
• Must a BAT or STT receive refresher training?
• What is a “positive” test for DOT alcohol testing?
• What is a “negative” test for DOT alcohol testing?
• What are the requirements to re-certify as a BAT Instructor?
• Are employers and their service agents in the Department of Transportation (DOT) drug and alcohol testing program required to obtain employee written authorizations in order to disclose drug and alcohol testing information?
• Is a drug test that is done in conjunction with a physical to renew a Commercial Driver’s License (CDL) considered a DOT test or a Non-DOT test?
• DOT Urine Specimen Collection Guidelines
• Missing Test Numbers: Alcomonitor CC – Cal Review
• Air Blank not .000: Alcomonitor CC
• May a union rep be present for drug test?
• Shy Bladder – May employee drink liquids brought with?
• “High Blank” display with Alcomonitor CC
• What is the CDL Drug and Alcohol Clearinghouse?
• Do you have to remove your hat for a Drug Test?
• Does a simulator meet Department of Transportation (DOT) requirements to do accuracy checks and calibration adjustments on an evidential breath tester?
• When doing a DOT specimen collection when is it appropriate to check the “Other” box for reasons for test on the Federal CCF form?
• May an employer conduct pre-employment alcohol testing?
• How does the Department’s Public Interest Exclusion (PIE) process work when a service agent has been convicted for an offense related to non-compliance with Part 40 or DOT Agency drug and alcohol testing rules?
• During periods of hot weather, how may Medical Review Officers (MROs) handle laboratory results reported as invalid because of pH greater than or equal to 9.0 but less than or equal to 9.5?
• Do the DOT Part 40 Questions and Answers provide official regulatory guidance?
• Are there any circumstances for which an employee should be given more than 3 hours and 40 ounces of fluids to provide a sufficient amount of urine during a collection?
• Must a test result be cancelled by the MRO when it is discovered the employee did not have a full three hours to provide a sufficient amount of urine?
• In addition to information needed for billing purposes, does DOT authorize other information to be included outside the boundaries of the Alcohol Testing Form (ATF)?
• Can a collector mark through pre-printed employer, MRO, collection site, and/or laboratory information on the CCF if that information is not accurate for a particular collection?
• What are some examples of an employee’s failure to cooperate with the testing process that would cause a refusal to test and how should the collector handle them?
• If an employee fails to provide a sufficient amount of urine during an observed collection, can an employer remove the employee from performing safety-sensitive functions pending receipt of the verified result from the Medical Review Officer (MRO)?
• Is a Medical Review Officer (MRO) permitted to accept an employee’s prescription for medication obtained over the Internet?
• What does an MRO do when a drug test result is invalid due to “color discrepancy?”
• Will FMCSA- and FAA-regulated employers complying with the drug and alcohol information records check be considered compliant with 40.25?
• What must an MRO do when he or she determines that there is no split laboratory capable of testing the adulterant identified by the primary laboratory after the employee has asked for the split to be tested?
• May the previous employer delay sending an employee’s drug and alcohol testing information to the gaining employer pending payment for the cost of the information?
• If an applicant admits to testing positive within the past two years, must the applicant be held out of safety-sensitive duties if he or she did not complete the return-to-duty process?
• When an employee leaves an employer for a period of time (but not exceeding two years) and returns must the employer once again seek to obtain information it may have received previously from other employers?
• Because Part 40 requires collectors, MROs, BATs and STTs, and SAPs to maintain their own training records, can employers or training entities refuse to provide these service agents their training records?
• Is error correction training required if a drug test is cancelled due to a specimen having an insufficient amount of urine?
• Where can billing information be entered onto the Federal Drug Testing Custody and Control Form (CCF)?
• What actual address is required for “Collection Site Address” in Step 1 of the CCF, and what telephone number should the collector provide?
• If the primary laboratory must redesignate bottle B for bottle A, can the laboratory test the specimen if only 15 mL of urine is present in the redesignated bottle A?
• Must a certifying scientist’s signature be on Copy 1 of the CCF if the drug test result is negative?
• Is it appropriate for the MRO to attempt to contact the employee after normal office hours?
• May the MRO report an “interim” or “preliminary” test result to the employer (or C/TPA) while awaiting receipt of the MRO copy and/or the laboratory result?
• Can someone other than the employee direct that an MRO have the employee’s split specimen tested?
• Can a split specimen be sent to a second laboratory that is under the same corporate title as the primary laboratory?
• Can the MRO require an employee’s split specimen test request to be in writing rather than verbal?
• Do the five days within which an employee is given to obtain a medical evaluation after providing an insufficient amount of urine or breath include holidays and weekends, or does this refer to five business days?
• Is an employer considered to be in compliance with Part 40 if EBTs are not available within 30 minutes of an alcohol screening test location?
• Is error correction training required if an alcohol test is cancelled due to equipment failure?
• May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?
• If an employee requests his/her records from the MRO, do these records include the MRO’s notes and comments or only copies of the CCF and laboratory result?
• § 40.3 List of Terms Used in Drug and Alcohol Regulation
• § 40.1 Who does this regulation cover?
• § 40.5 Who issues authoritative interpretations of this regulation?
• § 40.7 How can you get an exemption from a requirement in this regulation?
• § 40.11 What are the general responsibilities of employers under this regulation?
• How do DOT drug and alcohol tests relate to non-DOT tests?
• § 40.23 What actions do employers take after receiving verified test results?
• May an employer use a service agent to meet DOT drug and alcohol testing requirements?
• § 40.21 May an employer stand down an employee before the MRO has completed the verification process?
• Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
• § 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency?
• May an employer require an employee to sign a consent or release form in connection with a DOT drug and alcohol test?
• § 40.29 Where is other information on employer responsibilities found in this regulation?
• § 40.31 Who may collect urine specimens for DOT drug testing?
• § 40.33 What training requirements must a DOT drug testing collector meet?
• § 40.35 What information about the DER must employers provide to collectors?
• § 40.37 Where is other information on the role of collectors found in this regulation?
• § 40.41 Where does a urine collection for a DOT drug test take place?
• § 40.43 What steps must operators of collection sites take to protect the security and integrity of urine collections?
• § 40.45 What form is used to document a DOT urine collection?
• § 40.47 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?
• § 40.49 What materials are used to collect urine specimens?
• § 40.61 What are the preliminary steps in the collection process?
• § 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?
• § 40.65 What does the collector check for when the employee presents a specimen?
• § 40.67 When and how is a directly observed collection conducted?
• § 40.69 How is a monitored collection conducted?
• § 40.71 How does the collector prepare the specimens?
• § 40.73 How is the collection process completed?
• § 40.81 What laboratories may be used for DOT drug testing?
• § 40.83 How do laboratories process incoming specimens?
• § 40.85 What drugs do laboratories test for?
• What are the cutoff concentrations for initial and confirmation tests?
• § 40.89 What is validity testing, and are laboratories required to conduct it?
• What criteria do laboratories use to establish that a specimen is dilute or substituted?
• § 40.91 What validity tests must laboratories conduct on primary specimens?
• What criteria do laboratories use to establish that a specimen is adulterated?
• What do laboratories report and how do they report it?
• How long does the laboratory retain specimens after drug-testing?
• What relationship may a laboratory have with an MRO?
• What are the requirements for submitting blind specimens to a laboratory?
• What happens if the laboratory reports a result different from that expected for a blind specimen?
• Who may inspect drug-testing laboratories?
• What documentation must the laboratory keep, and for how long?
• When and how must a laboratory disclose statistical summaries and other information it maintains?
• Where is other information concerning laboratories found in this regulation?
• Who is qualified to act as an MRO?
• What are the MRO’s responsibilities in the DOT drug testing program?
• What relationship may an MRO have with a laboratory?
• What are the MRO’s functions in reviewing negative test results?
• What are the MRO’s functions in reviewing laboratory confirmed positive, adulterated, substituted, or invalid drug test results?
• How does the MRO or DER notify an employee of the verification process after a confirmed positive, adulterated, substituted, or invalid test result?
• Under what circumstances may the MRO verify a test as positive, or as a refusal to test because of adulteration or substitution, without interviewing the employee?
• What does the MRO tell the employee at the beginning of the verification interview?
• On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, or PCP?
• How does the MRO obtain information for the verification decision?
• On what basis does the MRO verify test results involving adulteration or substitution?
• May the MRO change a verified positive drug test result or refusal to test?
• What are MROs prohibited from doing as part of the verification process?
• How does the MRO notify employees of their right to a test of the split specimen?
• What does the MRO do when a negative or positive test result is also dilute?
• What does the MRO do when a drug test result is invalid?
• What does the MRO do when a drug test specimen is rejected for testing?
• How does the MRO report drug test results?
• To whom does the MRO transmit reports of drug test results?
• How are MRO reports of drug results transmitted to the employer?
• Where is other information concerning the role of MROs and the verification process found in this regulation?
• How does an employee request a test of a split specimen?
• Who is responsible for paying for the test of a split specimen?
• What steps does the first laboratory take with a split specimen?
• What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?
• What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?