What does 49 CFR 40.13 (How do DOT drug and alcohol tests relate to non-DOT tests?) require?

Short answer

49 CFR 40.13 requires that DOT drug and alcohol tests be completely separate from non-DOT tests, with DOT tests taking priority and being conducted before non-DOT tests. It also prohibits using DOT forms for non-DOT tests and changing or disregarding DOT test results based on non-DOT tests.

The rule says

"DOT tests must be completely separate from non-DOT tests in all respects." (49 CFR 40.13(a))

"DOT tests must take priority and must be conducted and completed before a non-DOT test is begun." (49 CFR 40.13(b))

"No one is permitted to change or disregard the results of DOT tests based on the results of non-DOT tests." (49 CFR 40.13(f))

In plain English

This means that employers must keep their DOT and non-DOT drug and alcohol testing programs separate, using different forms and procedures for each. DOT tests must be given priority, and employers cannot use non-DOT test results to override or change the results of a DOT test.

What to do

• Ensure that DOT and non-DOT drug and alcohol testing programs are completely separate.
• Use different forms and procedures for DOT and non-DOT tests.
• Prioritize DOT tests and conduct them before non-DOT tests.
• Do not use non-DOT test results to change or disregard DOT test results.