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DOT Modes of Transportation

Federal Aviation Administration – FAA

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive transportation employees in aviation.

The FAA Drug Abatement Division develops and implements regulations for DOT/FAA drug and alcohol testing. These regulations cover employers, safety-sensitive employees and service agents. These rules are encompassed in 49 CFR Part 40 and 14 CFR Part 120.

The division also oversees the aviation industry’s anti drug and alcohol misuse prevention program compliance. This oversight is accomplished with on-site inspections, guidance documents, and policies.

According to FAA’s drug and alcohol testing regulations (14 CFR Part 120), an employer (i.e., a Part 119 certificate holder with authority to operate under parts 121 and/or 135, an operator as defined in 14 CFR § 91.147, or an air traffic control facility not operated by FAA or under contract to the U.S. Military) or a contractor, who chooses to implement its own testing program, must ensure that any employee performing the following safety-sensitive functions directly or by contract (including subcontractors at any tier) are subject to drug and alcohol testing:

  • Flight crewmember duties
  • Flight attendant duties
  • Flight instruction duties
  • Aircraft dispatcher duties
  • Aircraft maintenance & preventative maintenance duties
  • Ground security coordinator duties
  • Aviation screening duties
  • Air traffic control duties

The individuals who are performing these safety-sensitive functions must be subject to pre-employment testing, reasonable suspicion/cause testing, random testing, return-to-duty, follow-up, and post-accident. The testing procedures are established in the Department of Transportation’s Workplace Procedures for Transportation Workplace Drug and Alcohol Testing Programs, Title 49 CFR Part 40.

At ITSA, aviation is our specialty!  Whether you are a large FAA employer or an aviation subcontractor, ITSA will help you get through the FAA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as FAA regulations as identified in 14 CFR Part 120. ITSA’s goal is to assist employers in having an “audit ready” program. These services include FAA required random drug & alcohol testing.

Expanded DOT program information is available at www.transportation.gov/odapc/employer_handbook: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]

Motor Carriers – FMCSA

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive transportation employees who operate Commercial Motor Vehicles (CMV).

The FMCSA regulations require alcohol and drug testing of drivers, who are required to have a CDL. The division also oversees the motor carrier industry’s compliance with drug and alcohol testing regulations. This oversight is accomplished with on-site inspections, guidance documents, and policies.

The FMCSA rules apply to safety-sensitive employees, who operate commercial motor vehicles requiring a CDL.

Examples of drivers and employers that are subject to these rules are (the following does not represent a complete listing):

  • Anyone who owns or leases commercial motor vehicles

    • Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

      • Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

      • Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or

      • Is designed to transport 16 or more passengers, including the driver; or

      • Any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

  • For-Hire Motor Carriers

  • Private Motor Carriers

  • Civic Organizations

  • Churches

ITSA will help you stay in compliance with FMCSA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as FMCSA regulations as identified in 49 CFR Part 382 including the Clearinghouse reporting requirements.  Our goal at ITSA is to keep each client in compliance and audit ready.

Expanded DOT program information is available at www.transportation.gov/odapc/employer_handbook: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]

Mass Transit – FTA

The Omnibus Transportation Employee Testing Act of 1991 requires anti-drug and alcohol misuse testing of safety-sensitive transportation employees who provide mass transit services. The Act requires the Federal Transit Administration (FTA) to issue regulations requiring recipients of federal transit funds under 49 U.S.C. 5307, 5309, and 5311, and 23 U.S.C. 103(e)(4) to test safety-sensitive employees for the use of alcohol or drugs in violation of law or federal regulation.

As a condition of FTA funding, the Act requires transit operators (employers) who receive these funds must establish and conduct a multifaceted anti-drug and alcohol misuse testing program. The regulation conditions financial assistance on the implementation of a program. Failure of an employer to develop and implement a program in compliance with this regulation may result in the suspension of federal transit funding.  This rule eliminates the distinction between large and small operators. The term “employer” is now used to include both small and large operators, as well as entities providing service under contract or other arrangement with the transit operator.

Testing under FTA regulations include pre-employment, (pre-employment alcohol testing is optional), random, reasonable suspicion, post-accident, return-to-duty and follow-up testing. The Act requires that recipients follow the testing procedures set out by the Department of Health and Human Services (DHHS).

ISTA will help you stay in compliance with FTA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as FTA regulations as identified in 49 CFR Part 655.  Our goal at ITSA is to keep each client in compliance and audit ready.

Expanded DOT program information is available at http://www.dot.gov/ost/dapc/index.html: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]

 

Federal Railroad Administration – FRA

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive transportation employees who provide rail services.

Federal Railroad Administration (FRA) regulations in 49 CFR Part 219 (as amended) establish minimum federal safety requirements for the control of alcohol and drug use in railroad operations. The regulations are designed to assist carriers in preventing accidents and casualties by implementing comprehensive drug and alcohol detection and deterrence programs.

A regulated employee means a covered employee, maintenance-of-way employee, or mechanical employee who performs regulated service for a railroad subject to the requirements part 219.

A covered employee is defined as a person who either performs service during a duty tour or is assigned to perform service subject to the hours of service laws. That person may be an employee, contractor, or volunteer. Applicants for a position which has covered service responsibilities is considered a covered employee for all applicable purposes in Part 219. In general, train and engine service employees (including some hostlers), dispatching service employees, signal employees, and select other personnel (such as utility employees) are likely subject to Part 219 regulations.

A railroad affected by Part 219 must be operating on a standard gage track which is part of the general railroad system of transportation. This affects both freight and passenger operations, and certain commuter and other short-haul passenger service. Part 219 does not affect a railroad which only operates on tracks inside an installation and/or is not part of the general transportation system (i.e. plant railroads and rapid transit operations within an urban area).

Ultimately, Part 219 is intended to be a human factors regulation which reduces both the economic cost to railroad operations and the loss of personnel because of the use of drugs and the misuse of alcohol. To properly comply with its intricacies, carriers must be prepared to devote quality personnel and apply sufficient operational resources to make this essential safety program successful. FRA holds carriers fully accountable and responsible for the proper performance of its program, its program personnel, and its program’s service providers.

Testing under FRA regulations includes pre-employment (pre-employment alcohol testing is optional), random, reasonable suspicion, post-accident, return-to-duty and follow-up testing. The Act requires that recipients follow the testing procedures set out by the Department of Health and Human Services (DHHS). The current random testing rates for the FRA are 25% for drug and 10% for alcohol.

ITSA, will help you stay in compliance with FRA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as FRA regulations as identified in 49 CFR Part 219. Our goal at ITSA is to keep each client in compliance and audit ready.

Expanded DOT program information is available at www.transportation.gov/odapc/employer_handbook: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]

Pipeline – PHMSA

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive employees who provide services conducted on pipelines or Liquid Natural Gas (LNG) facilities.

49 CFR Part 199 (PHMSA drug and alcohol testing regulation) require operators to conduct drug and alcohol testing of transporters of hazardous materials and employees who perform operation, maintenance, or emergency-response functions regulated by 49 CFR Parts 192, 193, or 195.

The Act mandates four types of testing: pre-employment, random (Note: random alcohol testing is not allowed under PHMSA rules), reasonable suspicion and post-accident. In addition, the Act permits return-to-duty and follow-up testing under specific circumstances. The Act requires that recipients follow the testing procedures set out by the Department of Health and Human Services (DHHS).

ITSA will help keep your company in compliance with PHMSA program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 as well as PHMSA regulations as identified in 49 CFR Part 199. These services include PHMSA required random drug testing.

PHMSA Program Note: PHMSA requires covered employers to have both an Anti-Drug Plan and a separate Alcohol Misuse Plan both available and written by industry experts who are part of ITSA’s team.

Expanded DOT program information is available at www.transportation.gov/odapc/employer_handbook: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]

United States Coast Guard

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing transportation employees; however, the provisions in 49 CFR Part 40 for alcohol testing do not apply to the Coast Guard or to marine employers.

The Act mandates five types of testing: random (Note: pre-employment and random alcohol testing are not allowed under USCG rules), periodic (Note: Periodic drug testing is defined as renewal of a license or a certificate of registry, a raise in grade of a license, a higher grade of COR, an original issuance of a merchant mariner’s document (MMD), the first endorsement as an able seaman, lifeboat man, qualified member of the engine department, or tanker man, or a reissuance of an MMD with a new expiration date shall be required to pass a chemical test for dangerous drugs. Additionally, each pilot required to receive an annual physical examination must pass a chemical test for dangerous drugs as a part of that examination. Reasonable suspicion and post-accident (49 CFR Part 4, Serious Marine Incident) are allowed. The Act permits return-to-duty and follow-up testing under specific circumstances. (Note: The MRO determines when a crewmember returns to work and provides the follow-up schedule.)

49 CFR Part 16 provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug-free and safe work environment. These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs. As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold.

Crewmembers subject to testing include those on board a vessel acting under the authority of a license, certificate of registry, or merchant mariner’s document issued under this subchapter, whether or not the individual is a member of the vessel’s crew; or those engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a license, certificate of registry, or merchant mariner’s document.

Additionally, those covered under Part 16 will be subject to the civil penalties set forth in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation.

ITSA will help keep your company in compliance with USCG program requirements by establishing a complete substance abuse testing program that complies with both the Department of Transportation (DOT) regulations as specified in 49 CFR Part 40 and 49 CFR Part 4 and 16. These services include USCG required random drug testing.

Expanded DOT program information is available at www.transportation.gov/odapc/employer_handbook: What Employers Need To Know About DOT Drug and Alcohol Testing [Guidance and Best Practices]