Frequently Asked Questions
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Does HIPAA Apply to Drug Test Results?
Usually not. HIPAA covers health plans, clearinghouses and providers, not employers acting as employers. A covered provider's drug test result can be protected health information.
Read moreWhat Is the HIPAA Breach Notification Rule?
It requires covered entities and business associates to give notice after discovering a breach of unsecured protected health information (45 CFR 164.400 to 164.414).
Read moreWhat Are the HIPAA Security Rule Administrative Safeguards?
They are administrative actions, policies and procedures that manage security measures protecting ePHI. 45 CFR 164.308 sets nine standards, including security management process and security awareness and training.
Read moreWhat Do DOT Employee Assistance Program Rules Require?
FAA (14 CFR 120.115), PHMSA (49 CFR 199.113) and the Coast Guard (46 CFR 16.401) require an EAP. Employers can run it internally or contract it out, and must provide education and training on drug use.
Read moreWhat Does a Drug-Free Workplace Program Include?
SAMHSA says most successful programs have five parts: a written policy, employee education, supervisor training, drug testing, and an Employee Assistance Program (EAP).
Read moreWhat Drug Testing Do USCG Rules Require for Crewmembers?
Coast Guard crewmember testing is under 46 CFR Part 16. It follows 49 CFR Part 40, uses HHS-certified labs, and includes pre-employment testing, which the employer may waive if a recent required test was passed.
Read moreWhich Railroad Employees Are Covered by FRA Drug and Alcohol Rules?
49 CFR Part 219 covers railroads and their contractors. It applies to regulated employees: covered employees performing covered service, plus maintenance-of-way and mechanical employees.
Read moreWhat Is FRA Post-Accident Toxicological Testing?
It is blood and urine testing by FRA under 49 CFR Part 219 Subpart C for regulated employees involved in a qualifying accident. Specimens go to FRA using Form FRA 6180.73, and FRA testing takes priority.
Read moreHow Do FRA Peer Support and Self-Referral Programs Work?
Under 49 CFR Part 219 Subpart K, railroads adopt a self-referral program and a co-worker referral program. Employees can seek counseling or treatment from a Drug and Alcohol Counselor before a violation is detected.
Read moreWho Is a Safety-Sensitive Employee under FTA Rules?
Under 49 CFR Part 655, anyone, including an applicant or transferee, who performs a safety-sensitive function such as operating or maintaining a revenue service vehicle or dispatching it.
Read moreWhat Is Sexual Harassment According to the EEOC?
Under 29 CFR 1604.11, unwelcome sexual advances, requests for sexual favors and other sexual conduct are harassment when tied to employment terms or decisions, or when they create a hostile environment.
Read moreWhat Is the NRC Fitness-for-Duty Program?
The NRC FFD program in 10 CFR Part 26 applies to nuclear power reactor licensees and certain other licensees. It aims to ensure workers are trustworthy, reliable and not impaired, and it covers early detection.
Read moreWhat Are the DEA Drug Schedules?
The DEA has five schedules created by the Controlled Substances Act, based on abuse potential, accepted medical use and safety (21 U.S.C. 812). Schedule I includes heroin, LSD and marihuana (21 CFR 1308.11).
Read moreWhich Drivers Does FMCSA Drug and Alcohol Testing Cover?
Part 382 covers drivers who operate a commercial motor vehicle in commerce and are subject to CDL requirements under Part 383 (49 CFR 382.103(a)). A CMV includes vehicles of 26,001 pounds or more.
Read moreWhat Must a DOT Drug and Alcohol Policy Include?
FMCSA, FTA and PHMSA each require written policy content, such as testing triggers, refusal consequences and who answers questions. FMCSA drivers also sign a certificate of receipt.
Read moreHow Does DOT Follow-Up Testing Work after a Violation?
After return-to-duty, a SAP sets unannounced follow-up testing: at least six tests in the first 12 months, extendable up to 60 months. The employer picks the dates and keeps them unannounced.
Read moreHow Do DOT Employers Check Previous Employer Drug Test Records?
Before first safety-sensitive duty, the employer gets the employee's written consent and requests two years of testing history from previous DOT employers (49 CFR 40.25).
Read moreHow Long Must DOT Drug and Alcohol Testing Records Be Kept?
Part 40 sets five years for positives and refusals, three for previous-employer data, two for breath device records and one for negatives. FMCSA, FTA and PHMSA add their own periods.
Read moreWhat Is the DOT MIS Report and Who Must File It?
The MIS report is an annual summary of the prior year's DOT testing results. Each agency sets who files; reporting deadlines are generally March 15 when filing applies.
Read moreWhich Drug and Alcohol Violations Fail an FMCSA New Entrant Audit?
Five drug and alcohol violations cause an automatic failure of the FMCSA new entrant audit, including no testing program, no random program, and using a driver who tested positive or refused.
Read moreHow Does an FMCSA Voluntary Self-Identification Program Work?
A voluntary self-identification program lets a driver admit a problem before reporting for duty without triggering referral and treatment rules, if the written program meets the rule.
Read moreWhat Is Actual Knowledge under FMCSA Drug and Alcohol Rules?
Actual knowledge means the employer knows of use through direct observation, a previous employer, a traffic citation, or the driver's admission (49 CFR 382.107). Signs of impairment do not count.
Read moreWhat Drug and Alcohol Conduct Do FMCSA Rules Prohibit?
Subpart B of Part 382 bars alcohol at 0.04 or higher, on-duty use, use within four hours before duty, use after an accident, certain drug use, positive or tampered tests, and refusals.
Read moreCan a DOT Employer Also Run Non-DOT Tests on Covered Employees?
Yes. Non-DOT tests must stay completely separate from DOT tests: the DOT test goes first, uses its own forms, and no DOT result can be changed or ignored based on a non-DOT result (49 CFR 40.13).
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