What’s the difference between a regulated and non-regulated drug test?
Regulated vs. Non-Regulated drug testing follows strict government regulations. Most regulated drug tests fall under the U.S. Department of Transportation (DOT) guidelines, which apply to several agencies, including:
- FMCSA
- FAA
- FRA
- FTA
- PHMSA
- USCG
Since these tests must comply with 49 CFR Part 40, they follow specific rules regarding the specimen type, test panel, and collection process. Although the regulations cover much more, the most important thing to know is that regulated drug tests follow strict procedures.
Here’s what makes a regulated drug test unique:
- The specimen must be urine.
- The test panel always includes five drug categories: THC, Cocaine, Amphetamines (including MDMA and methamphetamine), PCP, and Opioids (including codeine, morphine, heroin, oxycodone, and hydrocodone).
- Collection uses a Federal Custody and Control Form to maintain accuracy and security.
- Only trained and certified collectors can perform federal collections.
By following these strict guidelines, regulated drug testing ensures consistency, reliability, and compliance with federal laws.
Non-regulated testing is everything else
In non-regulated drug testing, employers can use urine, hair or saliva specimens, and select which drugs they want to test for. There are many non-federal test forms, usually labeled “Forensic Custody and Control Form” or something similar.
Although the collection process is similar, and a chain of custody must be maintained, employers have more choices with non-regulated testing.
Some of the choices employers can make in no-federal drug testing:
- Tests for more drugs, like benzodiazepines, fentanyl or synthetic marijuana
- Tests for fewer drugs. Some employers are dropping marijuana from the test panel.
- Instant urine testing for same-day results.
- Conduct a hair test alongside a Federal or non-Federal urine test to get a longer window of detection.
- Test with oral fluid for post-accident or suspicion since because saliva is useful for detecting recent use.
Many employers have implemented non-regulated testing to supplement their regulated testing program. The most common specimen for testing is urine, though there is increasing interest in alternative specimens.
Employers who drug test under company authority (non-regulated) use the following criteria when determining their policy:
- Accuracy
- Fairness
- Efficiency, followed by cost
Hair testing and oral fluid (saliva) testing are gaining momentum with employers, and are available in most areas.
Non-regulated employers usually start with pre-employment drug testing and usually include post-accident and reasonable suspicion/cause testing. Many will run their non-regulated and regulated programs side by side.
Drug and alcohol testing is proven to improve safety and productivity. These days with legal marijuana and daily reports of prescription drug abuse, employers must remain vigilant.
