Login / Register | 0 items - $ 0.00 CONTACT US

AlcoPro - Drug and Alcohol Testing Products & DOT Training

  • Products
  • Training
    • DOT Drug and Alcohol Training
    • Employer Substance Abuse Awareness Training
    • Hotels in Knoxville
    • Training Materials
    • DOT Regulations Knowledge Base
  • Knowledge Base
  • Repairs & Services
  • Resources
    • Catalogs
    • Knowledge Base
    • Buyer’s Guide
    • Product Document Library
    • Drug Test Finder
    • Drink Wheel
    • Window of Detection Tool
    • Breath Alcohol Instrument Mouthpiece Chart
  • News
    • News
    • AlcoPro Blog
    • Sign Up – AlcoPro Blog
  • Customer Service
    • Order & Return Policy
    • Shipping Information
    • Apply for Tax Exempt Status
    • Satisfaction & Warranty Policy
    • Repair Services and Technical Support
    • Privacy Policy
    • Customer Reviews
  • Contact Us
    • Contact Us
    • Quote Request
    • Catalog Request
    • Product Sample Request
    • BAC Wheel Request
    • Customer Reviews
  • About Us

800.227.9890

Follow Us on FacebookFollow Us on TwitterFollow Us on LinkedIn

U.S. Coast Guard and DOT: Is they is, or is they ain’t…?

July 3, 2017 by Jack Singleton 8 Comments

U.S. Coast Guard and DOT: Is they is, or is they ain’t?

On July 13, 2017 the Office of Drug and Alcohol Policy Compliance (ODAPC) published a new Part 40 Question and Answer regarding the United States Coast Guard.  With apologies to the movie Oh Brother Where Art Thou, the Q&A answered the question “Is they is, or is they ain’t… a DOT agency?”

Was there ever any confusion whether the US Coast Guard was a DOT agency?  Yes!  Here’s why we are confused.  The Coast Guard is not included anywhere on the DOT website’s list of operating agencies.  In fact, the US Coast guard is a branch of the US Armed Forces and operates under the Dept. of Homeland Security.

The new Part 40 Q&A attempts to clarify this issue.  The Answer begins with:

“Although included in the definition of a DOT Agency [see §40.3], the USCG is a DOT

Agency with respect to Part 40 only when the USCG regulation [e.g., 46 CFR Part 16 or

46 CFR Part 4] incorporates Part 40 to carry out its chemical testing regulation.”

The Q&A goes on to point out that the USCG regulation 46 CFR §16.113(a) states, “Drug testing programs required by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Testing Programs.”

The Q&A continues by reminding readers that the Coast Guard does not follow the alcohol testing procedures in 49 CFR Part 40.

We were still a little confused after reading this.  We know that the Coast Guard is not a part of the Department of Transportation.  Was there a typo?  Did they mean to say “Although not included in the definition of a DOT agency…?” So we looked up the relevant part of 49 CFR Part 40.3, which defines the terms used in the regulation.  It’s not a typo.  The regulation reads “DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the United States Coast Guard (USCG) …” 

We think that including the US Coast Guard in the definition of a DOT Agency is confusing, and we’re glad that DOT wrote this most recent Q&A to try to clear up the confusion.  But we also think it would be much less confusing if the US Coast Guard was not included in 40.3 in the definition of a DOT Agency.  Perhaps ODAPC will consider making this change the next time they revise Part 40.

So, is they is, or is they ain’t, a DOT agency?  Our answer is no, the US Coast Guard is not a DOT agency.  The USCG must follow the Part 40 procedures for drug testing, but that doesn’t make the Coast Guard a DOT agency.

Comments

  1. Lauren Hobbs says

    July 27, 2017 at 11:27 am

    I believe the USCG should not even be mentioned in anything related to DOT especially drug testing.

    What could be created for safety purposes is :

    FOSA
    Federal Oceanic Safety Adminisration

    This would cover any and all commercial boat/ship captains, crew in safety sensitive positions and mechanics.

    Reply
    • Jennie Lee-Pace says

      July 27, 2017 at 3:18 pm

      Hi Lauren. That’s very interesting. I never thought of that before.

      Reply
  2. Tamera Bean says

    August 29, 2017 at 2:09 pm

    Let me get this straight……If I have to do both on one donor, I would have to use a non-DOT form for the alcohol test and a Federal form for the drug screen? I guess that would only be in a post-accident situation. I have only done drug screens so far. Being listed under a DOT agency, are they not subject to breath alcohol testing?

    Reply
  3. Jennie Lee-Pace says

    August 29, 2017 at 3:15 pm

    Hi Tamera.
    You are correct. The Coast Guard does not follow DOT protocol for alcohol testing, only for drug testing.

    Reply
  4. Joe says

    April 25, 2018 at 8:08 am

    The Coast Guard is under the Department of Transportation a during peace time activities, and in times of war is then is assigned to the Department of the Navy.

    Reply
  5. Joe says

    April 25, 2018 at 8:12 am

    In 1967, the Coast Guard moved from the U.S. Department of the Treasury to the newly formed U.S. Department of Transportation, an arrangement that lasted until it was placed under the U.S. Department of Homeland Security in 2003 as part of legislation designed to more efficiently protect American interests

    Reply
    • Jennie Lee-Pace says

      May 3, 2018 at 10:33 am

      Correct. If you look at the DOT website, the listed agencies can be found. USCG is footnoted as technically a Dept of Homeland Security. However, they are subject to DOT drug and alcohol testing policies. https://www.transportation.gov/odapc/agencies

      Reply
  6. USCGC WHEC-720 vet 1994-1996 says

    November 22, 2020 at 2:08 am

    The coast guard was under the DOT and not DoD until after 9/11 when the DHS was created and control of the USCG shifted to DHS

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ABOUT ALCOPRO

Since 1982, AlcoPro has supplied and manufactured the most accurate drug and alcohol testing instruments, kits, and supplies for professional use. We take pride in maintaining our industry-wide reputation for accuracy and quality as we help you—our top priority—perform alcohol and drug screenings and tests with greater precision and confidence.

Subscribe to Our Blog

  • This field is for validation purposes and should be left unchanged.

800.227.9890
Follow Us on FacebookFollow Us on TwitterFollow Us on LinkedInFollow Us on YouTube

Privacy Policy

© 2023 AlcoPro.
All Rights Reserved.

Custom Website Design & Development by VIEO Design