What does 49 CFR 40.1 (Who does this regulation cover?) require?

Short answer

49 CFR 40.1 requires that all parties conducting drug and alcohol tests under Department of Transportation (DOT) agency regulations follow specific procedures. This includes transportation employers, safety-sensitive transportation employees, and service agents. The regulation applies to anyone who employs commercial motor vehicle drivers, including interstate and intrastate commerce operations.

The rule says

"This part tells all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use." (49 CFR 40.1(a))

"This part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents." (49 CFR 40.1(b))

In plain English

It applies to a wide range of individuals and entities, including employers, employees, and service agents. Employers must implement a testing program that includes pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing.

What to do

• Develop a comprehensive drug and alcohol testing program that meets DOT requirements
• Ensure all safety-sensitive employees are subject to the testing program
• Train personnel on the procedures for conducting tests and handling test results
• Maintain accurate records of all tests and results, and retain them for the required period