Which Employers are covered under DOT Drug & Alcohol Testing Regulations?

Many employers question whether they fall under U.S. Department of Transportation (DOT) drug and alcohol testing regulations. DOT regulations cover various industries, all governed by 49 CFR Part 40, with specific rules for each mode of transportation. Below is a breakdown of different DOT-covered sectors and their respective regulations:

1) Aviation (FAA)

If you work in a safety-sensitive role in aviation, such as a pilot, flight attendant, flight instructor, aircraft dispatcher, operations control specialist, or air traffic controller, you must comply with FAA (14 CFR Part 120) drug and alcohol testing regulations.

2) Truck or School Bus (FMCSA)

If you operate a truck or bus with a gross weight of 26,001 lbs or more, or any vehicle transporting hazardous materials requiring placarding, you must comply with FMCSA (49 CFR Part 382) drug and alcohol testing regulations.

These rules also apply to individuals who occasionally operate such vehicles, including mechanics performing test drives and supervisors filling in for unavailable drivers.

3) Public transportation (FTA)

If you operate a transit revenue service vehicle, a non-revenue vehicle or armed security vehicle you are covered under following regulation

• FTA (49 CFR part 655)

4) Pipeline and Hazardous Materials (PHMSA)

If you handle operational maintenance or emergency functions for pipelines transporting liquefied natural gas (49 CFR Part 193) or natural gas (49 CFR Part 192), you must follow PHMSA (49 CFR Part 199) drug and alcohol testing regulations.

PHMSA regulations do not authorize random alcohol testing. However, the required random drug testing rate is higher compared to other regulatory modes.

5) Railroad (FRA)

If you work as a train employee, dispatch employee, or signal employee, you must comply with FRA (49 CFR Part 219) drug and alcohol testing regulations at least once every quarter. These rules apply to locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.

FRA’s post-accident testing rule mandates urine and blood specimen collection from surviving employees. Additionally, it requires tissue collection from deceased employees. These procedures extend beyond the standard Part 40 regulations.

6) Coast Guard (USCG)

The Coast Guard operates differently because it also includes military personnel. Anyone on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner’s document falls under its jurisdiction.

The regulation also covers individuals employed on U.S.-owned vessels if their operation requires personnel with a license, certificate of registry, or merchant mariner’s document. USCG rules for alcohol testing are outlined in 46 CFR Part 4.06 and 33 CFR Part 95.035.