What does 49 CFR 40.3 (What do the terms used in this part mean?) require?

Short answer

49 CFR 40.3 requires that the terms used in this part have specific meanings, which are defined in the section. The definitions include terms such as "Adulterated specimen", "Affiliate", "DOT", and "Drugs".

The rule says

"Adulterated specimen. A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance." (49 CFR 40.3)

"DOT, The Department, DOT Agency. These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST)." (49 CFR 40.3)

"Drugs. The drugs for which tests are required under this part and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids." (49 CFR 40.3)

In plain English

49 CFR 40. The definitions help to clarify the meaning of terms such as "adulterated specimen" and "DOT agency, and provide a clear understanding of what substances are considered .drugs" for the purpose of testing.

What to do

• Review the definitions in 49 CFR 40.3 to ensure understanding of key terms
• Ensure that all employees and service agents are aware of the definitions and their implications
• Use the definitions to guide drug and alcohol testing procedures and policies
• Consult with legal counsel or regulatory experts if there are any questions or concerns about the definitions or their application