Subpart A - Administrative Provisions

§ 40.1 - Who does this regulation cover?

§ 40.3 - What do the terms used in this part mean?

§ 40.5 - Who issues authoritative interpretations of this regulation?

§ 40.7 - How can you get an exemption from a requirement in this regulation?

§§ 40.5--40.19 - [Reserved]

Subpart B - Employer Responsibilities

§ 40.11 - What are the general responsibilities of employers under this regulation?

§ 40.13 - How do DOT drug and alcohol tests relate to non-DOT tests?

§ 40.14 - What collection information must employers provide to collectors?

§ 40.15 - May an employer use a service agent to meet DOT drug and alcohol testing requirements?

§ 40.17 - Is an employer responsible for obtaining information from its service agents?

§ 40.19 - [Reserved]

§ 40.21 - May an employer stand down an employee before the MRO has completed the verification process?

§ 40.23 - What actions do employers take after receiving verified test results?

§ 40.25 - Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

§ 40.26 - What form must an employer use to report Management Information System (MIS) data to a DOT agency?

§ 40.27 - May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?

§ 40.29 - Where is other information on employer responsibilities found in this regulation?

§ 40.39 - Use of certified laboratories.

Subpart C - Specimen Collection Personnel

§ 40.31 - Who may collect specimens for DOT drug testing?

§ 40.33 - What training requirements must a collector meet for urine collection?

§ 40.35 - What training requirements must a collector meet for oral fluid collection?

§ 40.36 - What information about the DER must employers provide to collectors?

§ 40.37 - Where is other information on the role of collectors found in this regulation?

§ 40.53 - Devices to be used for breath alcohol tests.

§ 40.55 - Quality assurance plans for EBTs.

§ 40.57 - Locations for breath alcohol testing.

§ 40.59 - The breath alcohol testing form.

§§ 40.71--40.77 - [Reserved]

Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine and Oral Fluid Collections

§ 40.40 - What form is used to document a DOT collection?

§ 40.41 - May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?

§ 40.42 - Where does a urine collection for a DOT drug test take place?

§ 40.43 - What steps must operators of collection sites and collectors take to protect the security and integrity of urine collections?

§ 40.44 - What materials are used to collect urine specimens?

§ 40.45 - What materials are used to send urine specimens to the laboratory?

§ 40.47 - Where does an oral fluid collection for a DOT drug test take place?

§ 40.48 - What steps must operators of collection sites and collectors take to protect the security and integrity of oral fluid collections?

§ 40.49 - What materials are used to collect oral fluid specimens?

§ 40.51 - What materials are used to send oral fluid specimens to the laboratory?

Subpart E - Specimen Collections

§ 40.61 - What are the preliminary steps in the drug testing collection process?

§ 40.63 - What steps does the collector take in the collection process before the employee provides a urine specimen?

§ 40.65 - What does the collector check for when the employee presents a urine specimen?

§ 40.67 - When and how is a directly observed urine collection conducted?

§ 40.69 - How is a monitored urine collection conducted?

§ 40.71 - How does the collector prepare the urine specimen?

§ 40.72 - What steps does the collector take in the collection process before the employee provides an oral fluid specimen?

§ 40.73 - How is an oral fluid specimen collected?

§ 40.74 - How does the collector prepare the oral fluid specimens?

§ 40.79 - How is the collection process completed?

§§ 40.75--40.78 - [Reserved]

Subpart F - Drug Testing Laboratories

§ 40.81 - What laboratories may be used for DOT drug testing?

§ 40.82 - What drugs do laboratories test for?

§ 40.83 - How do laboratories process incoming specimens?

§ 40.84 - How long does the laboratory retain specimens after testing?

§ 40.85 - What are the cutoff concentrations for urine drug tests?

§ 40.86 - What is urine validity testing, and are laboratories required to conduct it?

§ 40.87 - What validity tests must laboratories conduct on primary urine specimens?

§ 40.88 - What criteria do laboratories use to establish that a urine specimen is dilute or substituted?

§ 40.89 - What are the adulterant cutoff concentrations for initial and confirmation urine tests?

§ 40.90 - What criteria do laboratories use to establish that a urine specimen is invalid?

§ 40.91 - What are the cutoff concentrations for oral fluid drug tests?

§ 40.92 - What is oral fluid validity testing, and are laboratories required to conduct it?

§ 40.93 - What validity tests must laboratories conduct on primary oral fluid specimens?

§ 40.95 - What are the adulterant cutoff concentrations for initial and confirmation tests?

§ 40.96 - What criteria do laboratories use to establish that a specimen is invalid?

§ 40.97 - What do laboratories report and how do they report it?

§ 40.99 - How long does the laboratory retain specimens after testing?

§ 40.101 - What relationship may a laboratory have with an MRO?

§ 40.103 - What are the requirements for submitting blind specimens to a laboratory?

§ 40.105 - What happens if the laboratory reports a result different from that expected for a blind specimen?

§ 40.107 - Who may inspect laboratories?

§ 40.109 - What documentation must the laboratory keep, and for how long?

§ 40.111 - When and how must a laboratory disclose statistical summaries and other information it maintains?

§ 40.113 - Where is other information concerning laboratories found in this regulation?

Subpart G - Medical Review Officers and the Verification Process

§ 40.121 - Who is qualified to act as an MRO?

§ 40.123 - What are the MRO's responsibilities in the DOT drug testing program?

§ 40.125 - What relationship may an MRO have with a laboratory?

§ 40.127 - What are the MRO's functions in reviewing negative test results?

§ 40.129 - What are the MRO's functions in reviewing laboratory confirmed non-negative drug test results?

§ 40.131 - How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results?

§ 40.133 - Without interviewing the employee, under what circumstances may the MRO verify a test result as positive, or as a refusal to test because of adulteration or substitution, or as cancelled because the test was invalid?

§ 40.135 - What does the MRO tell the employee at the beginning of the verification interview?

§ 40.137 - On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, semi-synthetic opioids, or PCP?

§ 40.139 - On what basis does the MRO verify test results involving 6-acetylmorphine, codeine, and morphine?

§ 40.140 - On what basis does the MRO verify test results for 6-acetylmorphine (6-AM)?

§ 40.141 - How does the MRO obtain information for the verification decision?

§ 40.143 - [Reserved]

§ 40.145 - On what basis does the MRO verify test results involving adulteration or substitution?

§ 40.147 - [Reserved]

§ 40.149 - May the MRO change a verified drug test result?

§ 40.151 - What are MROs prohibited from doing as part of the verification process?

§ 40.153 - How does the MRO notify employees of their right to a test of the split specimen?

§ 40.155 - What does the MRO do when a negative or positive test result is also dilute?

§ 40.157 - [Reserved]

§ 40.159 - What does the MRO do when a drug test result is invalid?

§ 40.160 - What does the MRO do when a valid test result cannot be produced and a negative result is required?

§ 40.161 - What does the MRO do when a drug test specimen is rejected for testing?

§ 40.162 - What must MROs do with multiple verified results for the same testing event?

§ 40.163 - How does the MRO report drug test results?

§ 40.165 - To whom does the MRO transmit reports of drug test results?

§ 40.167 - How are MRO reports of drug results transmitted to the employer?

§ 40.169 - Where is other information concerning the role of MROs and the verification process found in this regulation?

Subpart H - Split Specimen Tests

§ 40.171 - How does an employee request a test of a split specimen?

§ 40.173 - Who is responsible for paying for the test of a split specimen?

§ 40.175 - What steps does the first laboratory take with a split specimen?

§ 40.177 - What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?

§ 40.179 - What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?

§ 40.181 - What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?

§ 40.183 - What information do laboratories report to MROs regarding split specimen results?

§ 40.185 - Through what methods and to whom must a laboratory report split specimen results?

§ 40.187 - What does the MRO do with split specimen laboratory results?

§ 40.189 - Where is other information concerning split specimens found in this regulation?

Subpart I - Problems in Drug Tests

§ 40.191 - What is a refusal to take a DOT drug test, and what are the consequences?

§ 40.193 - What happens when an employee does not provide a sufficient amount of specimen for a drug test?

§ 40.195 - What happens when an individual is unable to provide a sufficient amount of specimen for a pre-employment, follow-up, or return-to-duty test because of a permanent or long-term medical condition?

§ 40.197 - What happens when an employer receives a report of a dilute urine specimen?

§ 40.199 - What problems always cause a drug test to be cancelled?

§ 40.201 - What problems always cause a drug test to be cancelled and may result in a requirement for another collection?

§ 40.203 - What problems cause a drug test to be cancelled unless they are corrected?

§ 40.205 - How are drug test problems corrected?

§ 40.207 - What is the effect of a cancelled drug test?

§ 40.208 - What problems require corrective action but do not result in the cancellation of a test?

§ 40.209 - What procedural problems do not result in the cancellation of a test and do not require correction?

§ 40.210 - What kinds of drug tests are permitted under the regulations?

Subpart J - Alcohol Testing Personnel

§ 40.211 - Who conducts DOT alcohol tests?

§ 40.213 - What training requirements must STTs and BATs meet?

§ 40.215 - What information about the DER do employers have to provide to BATs and STTs?

§ 40.217 - Where is other information on the role of STTs and BATs found in this regulation?

Subpart K - Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing

§ 40.221 - Where does an alcohol test take place?

§ 40.223 - What steps must be taken to protect the security of alcohol testing sites?

§ 40.225 - What form is used for an alcohol test?

§ 40.227 - May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?

§ 40.229 - What devices are used to conduct alcohol screening tests?

§ 40.231 - What devices are used to conduct alcohol confirmation tests?

§ 40.233 - What are the requirements for proper use and care of EBTs?

§ 40.235 - What are the requirements for proper use and care of ASDs?

Subpart L - Alcohol Screening Tests

§ 40.241 - What are the first steps in any alcohol screening test?

§ 40.243 - What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?

§ 40.245 - What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?

§ 40.247 - What procedures does the BAT or STT follow after a screening test result?

Subpart M - Alcohol Confirmation Tests

§ 40.251 - What are the first steps in an alcohol confirmation test?

§ 40.253 - What are the procedures for conducting an alcohol confirmation test?

§ 40.255 - What happens next after the alcohol confirmation test result?

Subpart N - Problems in Alcohol Testing

§ 40.261 - What is a refusal to take an alcohol test, and what are the consequences?

§ 40.263 - What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

§ 40.265 - What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?

§ 40.267 - What problems always cause an alcohol test to be cancelled?

§ 40.269 - What problems cause an alcohol test to be cancelled unless they are corrected?

§ 40.271 - How are alcohol testing problems corrected?

§ 40.273 - What is the effect of a cancelled alcohol test?

§ 40.275 - What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

§ 40.277 - Are alcohol tests other than saliva or breath permitted under these regulations?

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process

§ 40.281 - Who is qualified to act as a SAP?

§ 40.283 - How does a certification organization obtain recognition for its members as SAPs?

§ 40.285 - When is a SAP evaluation required?

§ 40.287 - What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?

§ 40.289 - Are employers required to provide SAP and treatment services to employees?

§ 40.291 - What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?

§ 40.293 - What is the SAP's function in conducting the initial evaluation of an employee?

§ 40.295 - May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

§ 40.297 - Does anyone have the authority to change a SAP's initial evaluation?

§ 40.299 - What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?

§ 40.301 - What is the SAP's function in the follow-up evaluation of an employee?

§ 40.303 - What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?

§ 40.305 - How does the return-to-duty process conclude?

§ 40.307 - What is the SAP's function in prescribing the employee's follow-up tests?

§ 40.309 - What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?

§ 40.311 - What are the requirements concerning SAP reports?

§ 40.313 - Where is other information on SAP functions and the return-to-duty process found in this regulation?

Subpart P - Confidentiality and Release of Information

§ 40.321 - What is the general confidentiality rule for drug and alcohol test information?

§ 40.323 - May program participants release drug or alcohol test information in connection with legal proceedings?

§ 40.325 - [Reserved]

§ 40.327 - When must the MRO report medical information gathered in the verification process?

§ 40.329 - What information must laboratories, MROs, and other service agents release to employees?

§ 40.331 - To what additional parties must employers and service agents release information?

§ 40.333 - What records must employers keep?

Subpart Q - Roles and Responsibilities of Service Agents

§ 40.341 - Must service agents comply with DOT drug and alcohol testing requirements?

§ 40.343 - What tasks may a service agent perform for an employer?

§ 40.345 - In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?

§ 40.347 - What functions may C/TPAs perform with respect to administering testing?

§ 40.349 - What records may a service agent receive and maintain?

§ 40.351 - What confidentiality requirements apply to service agents?

§ 40.353 - What principles govern the interaction between MROs and other service agents?

§ 40.355 - What limitations apply to the activities of service agents?

Subpart R - Public Interest Exclusions

§ 40.361 - What is the purpose of a public interest exclusion (PIE)?

§ 40.363 - On what basis may the Department issue a PIE?

§ 40.365 - What is the Department's policy concerning starting a PIE proceeding?

§ 40.367 - Who initiates a PIE proceeding?

§ 40.369 - What is the discretion of an initiating official in starting a PIE proceeding?

§ 40.371 - On what information does an initiating official rely in deciding whether to start a PIE proceeding?

§ 40.373 - Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

§ 40.375 - How does the initiating official start a PIE proceeding?

§ 40.377 - Who decides whether to issue a PIE?

§ 40.379 - How do you contest the issuance of a PIE?

§ 40.381 - What information do you present to contest the proposed issuance of a PIE?

§ 40.383 - What procedures apply if you contest the issuance of a PIE?

§ 40.385 - Who bears the burden of proof in a PIE proceeding?

§ 40.387 - What matters does the Director decide concerning a proposed PIE?

§ 40.389 - What factors may the Director consider?

§ 40.391 - What is the scope of a PIE?

§ 40.393 - How long does a PIE stay in effect?

§ 40.395 - Can you settle a PIE proceeding?

§ 40.397 - When does the Director make a PIE decision?

§ 40.399 - How does the Department notify service agents of its decision?

§ 40.401 - How does the Department notify employers and the public about a PIE?

§ 40.403 - Must a service agent notify its clients when the Department issues a PIE?

§ 40.405 - May the Federal courts review PIE decisions?

§ 40.407 - May a service agent ask to have a PIE reduced or terminated?

§ 40.409 - What does the issuance of a PIE mean to transportation employers?

§ 40.411 - What is the role of the DOT Inspector General's office?

§ 40.413 - How are notices sent to service agents?

Appendix A to Part 40 - DOT Standards for Urine Collection Kits

Appendix B to Part 40 - Oral Fluid Collection Kit Contents

Appendix C to Part 40 - [Reserved]

Appendix D to Part 40 - DOT Drug Testing Semi-Annual Laboratory Report to Employers

Appendix E to Part 40 - Drug Testing Semi-Annual Laboratory Report to DOT

Appendix F to Part 40 - Report Format: Split Specimen Failure To Reconfirm

Appendix G to Part 40 - SAP Equivalency Requirements for Certification Organizations

Appendix H to Part 40 - Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers

Appendix I to Part 40 - Alcohol Testing Form

Appendix J to Part 40 - DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form