If an employee performs safety-sensitive functions that would subject him to the DOT testing programs of more than one DOT agency (e.g. FMCSA and PHMSA), the employee shall be subject to random alcohol and/or controlled substances testing at the annual percentage rate established for the calendar year by the DOT agency regulating more than 50% of the employee’s safety-sensitive work. See 49 CFR §382.305(n) and (o). This situation may occur where an employee performs both CDL functions and pipeline maintenance functions for a DOT-regulated employer.
When an employee is subject to the drug and alcohol testing rules of more than one DOT agency, which DOT agency’s random testing rate applies?
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About the Author: Tim Thoelecke
Tim Thoelecke, CSAPA, is the founder of InOut Labs.
InOut Labs is a nationwide provider of employee drug testing services, and your best choice for affordable, direct-to-consumer health tests. Tim Thoelecke is a Certified Substance Abuse Program Administrator, Breath Alcohol Technician Trainer and a Certified Professional Collector Trainer, certified in drug and alcohol testing for DOT and non-DOT employers. He is a graduate of Duke University, the Keller Graduate School of Business, the Goldman Sachs 10,000 Small Businesses program, and he founded InOut Labs to help employers and individuals take control of their health, culture and safety. InOut Labs also provides corporate wellness screenings, flu shot clinics, DNA testing and direct-to-consumer lab tests and B12 shots.
Tim is an enthusiastic networker and enjoys connecting people.
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