In 1991, the Omnibus Transportation Employee Testing Act created the following DOT Agencies which established drug and alcohol testing regulations to ensure that aircraft, trains, trucks, and buses were operated in a safe and responsible manner. As an employer or individual operating in a “Safety Sensitive” position, it is important to understand how these regulations impact you.

49 CFR Part 40 (commonly known as “part 40”) explains:

  • How drug and alcohol testing is conducted
  • Who is authorized to participate in the drug and alcohol testing program
  • What employees must do before they may return to duty after a drug and/or alcohol violation

Each DOT Agency and the USCG have specific regulations that cover:

  • The agency’s prohibitions on drug and alcohol use
  • Who is subject to comply with these regulations
  • What type of testing is required
  • When testing is required
  • Consequences of non-compliance