By Prokopis A. Christou, PE
Let's try to shed some light on the applicability of this requirement.
U.S. Department of Transportation (DOT) regulations at 49 CFR Part 40, first issued in 1988, require drug testing of employees in safety-sensitive positions in the aviation, motor carrier, rail, transit, maritime, and pipeline industries. Alcohol testing was added to the requirement in 1994. This rule requires affected employees to submit to random drug tests as well as tests in pre-employment job application situations, during routine physicals, upon reasonable suspicion of use, and after an accident. DOT made changes to this rule on December 19, 2000.
Part 40 applies, through regulations that reference it issued by agencies of the Department of Transportation, to transportation employers, including self-employed individuals, required to conduct drug and/or alcohol testing programs by DOT agency regulations and to such transportation employers' officers, employees, agents and contractors (including, but not limited to, consortia). Employers are responsible for the compliance of their officers, employees, agents, consortia and/or contractors with the requirements of this part.
Let's review some of the frequently asked applicability questions.
Q1. Do personnel who are DOT Hazmat Trained also have to be DOT drug tested?
Personnel considered Hazmat Employees perform covered functions within the meaning of the hazmat regulations (49 CFR Parts 171- 180). The DOT hazmat regulations (49 CFR Parts 171- 180) do not require Hazmat Employers to conduct drug or alcohol testing of "Hazmat Employees" (definition at 171.8).
Q2. Does 49 Part 199 apply to Hazmat Employees (49 CFR 171.8)?
Part 199 drug testing regulations apply to pipeline operators. Pipeline regulations are administered by of Office of Pipeline, a division of DOT's Research and Special Programs Administration (RSPA).
Q3. Does 49 CFR Part 382 apply to Hazmat Employees (49 CFR 171.8)?
Part 382 drug and alcohol testing regulations apply to motor carriers who employ vehicle operators required to have commercial driver license (CDL). Drivers of vehicles transporting hazmats are also considered hazmat employees under 49 CFR 171.8. They must be trained in the hazmat regs and also get a hazmat endorsement on their CDL. Motor carriers regulations are administered by DOT's Federal Motor Carrier Administration.
Q4. Does 49 CFR Part 40 apply to Hazmat Employees (49 CFR 171.8)?
Part 40 regulations are uniform procedures for drug and alcohol testing that must be followed for drug and alcohol test programs required by DOT agency, if they are referenced in the DOT agency regulations.
Q5. What are the citations for mandatory DOT drug testing regulations?
49 Part 40 -- Test procedures for drug and alcohol testing.
49 part 382 -- Federal Motor Carrier Safety Administration.
49 Part 121 -- Federal Aviation Administration.
49 Part 219 -- Federal Railroad Administration.
49 Part 199 -- RSPA Pipeline Office.
49 Part 653 -- Federal transit Administration.
46 Part 16 -- U.S. Coast Guard
Q6. Do businesses and government agencies have Alcohol and Drug Policies?
Many businesses and government agencies have implemented anti-drug and anti-alcohol plans programs because they recognize that the state of employees' health can affect work performance, organizational assets, and the health and safety of employees and the community. Organizations that have implemented such programs usually assign their Human Resources or their safety Department to administer it. Some programs are listed to pre-employment screening. Other programs may include random testing.
More information
Regulations: See citations
Website: http://www.dot.gov
About the Author
Prokopis Christou, P.E. has 14 years of diverse experience in managerial,
technical, and teaching responsibilities in environmental, safety,
transportation, regulatory, and engineering matters. Email: prokopis@hotmail.com