Can a DOT Employer Also Run Non-DOT Tests on Covered Employees?

A DOT-regulated employer may run its own non-DOT drug and alcohol tests on employees who are also covered by DOT rules, such as a company-wide pre-employment panel or a broader drug panel. 49 CFR 40.13 sets the rules for keeping the two programs apart.

Keep the tests separate. DOT tests must be completely separate from non-DOT tests (49 CFR 40.13(a)). The differences between DOT and non-DOT tests cover panels, forms and procedures.

DOT test first. The DOT test takes priority and is finished before a non-DOT test begins. For urine tests, the collector discards excess urine from the DOT collection and collects a separate void for the non-DOT test (49 CFR 40.13(b)).

No extra testing on DOT specimens. A DOT specimen cannot be tested for additional drugs or made available for DNA or other identity testing. A narrow exception allows medical tests, such as glucose, on leftover urine when the DOT collection is part of a DOT-required physical (49 CFR 40.13(c) and (d)).

Separate forms. The employer cannot use the federal custody and control form (CCF) or the alcohol testing form (ATF) for non-DOT tests, even with DOT references crossed out. Each DOT test uses the CCF or ATF (49 CFR 40.13(g)). Proper chain of custody applies to both programs.

No overriding DOT results. No one can change or disregard a DOT result based on a non-DOT result. For example, an employer cannot set aside a verified positive DOT drug test because the employee brings in a negative test from a personal physician (49 CFR 40.13(f)).

DOT tests only for DOT employees. No one may conduct a DOT test on a person who is not a DOT-regulated employee under the agency rules (49 CFR 40.13(h)). Workers who are not DOT-regulated employees fall under the employer's non-DOT policy, if it has one.

Physical exam tests. A non-DOT test given as part of a physical to decide whether an employee is medically qualified for a license or certificate is not a DOT test and has no consequences under Part 40 (49 CFR 40.13(e)).

When FMCSA driver materials include company policies that go beyond Part 382, those policies must be clearly described as based on the employer's independent authority (49 CFR 382.601(c)).