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DOT and non-DOT drug tests are not the same, and knowing the difference matters for your job and compliance requirements.
DOT tests are federally regulated for safety-sensitive employees, while non-DOT tests are created and enforced by individual employers.
This guide breaks down what each test includes, who is tested, and what happens if you fail or refuse either one.
Key Takeaways
- DOT drug tests, mandated by the U.S. Department of Transportation for safety-sensitive workers at regulated companies, are five-panel tests conducted at specific times, and any failure or refusal requires the employee to complete the return-to-duty process before resuming work.
- Non-DOT drug tests are screens conducted by non-regulated employers according to internal company policies and can test for a wider range of substances. The consequences of failing a non-DOT drug test depend on company policy.
- If you fail a DOT drug test, contact American River Wellness for a fast, compliant SAP program to help you complete the return-to-duty process and get back to work.
What is The Difference Between a DOT and Non-DOT Drug Test
| Feature | DOT Drug Test | Non-DOT Drug Test |
| Governed by | Federal regulations under the U.S. Department of Transportation (49 CFR Part 40) and administration-specific regulations | Internal company drug and alcohol testing policies |
| Covered industries | DOT-regulated companies in transportation, aviation, railroad, transit, pipeline, and maritime industries | Wide range of companies in industries not regulated by the US DOT, including healthcare, construction, manufacturing, education, social services, retail, and hospitality |
| Substances tested for | 5-panel test that screens for marijuana, amphetamines/methamphetamine, opiates (heroin, oxycodone, hydrocodone, hydromorphone, etc.), cocaine, and phencyclidine (PCP) | Varies based on the employer’s drug and alcohol testing policy, but can screen for many more substances than a DOT drug test. Employers can choose 5-panel, 10-panel, or 12-panel tests or might request custom panels to check for additional drugs, including benzodiazepines, barbiturates, ecstasy, etc. |
| Specimen type | Urinalysis is the standard under DOT regulations. Split-specimen collection is mandatory, where the sample is split into two bottles (A and B) for confirmation testing if needed. | May include urine, hair follicle, blood, or saliva tests, depending on the employer’s choice and state laws. |
| Testing frequency | Mandated frequency for tests, including pre-employment, random, post-accident, return-to-duty, and follow-up. | The employer sets the testing frequency, and tests can be conducted randomly, for pre-employment, under reasonable suspicion, post-incident, or annually. |
| Confidentiality and reporting | Strict federal reporting requirements. A positive result is reported to a DOT clearinghouse and can result in significant penalties, including removal from safety-sensitive duties. | Results are not reported to a federal database. The privacy of the information is determined by company policy, relevant state laws, and multiple federal privacy laws, such as the Fair Credit Reporting Act (FCRA), Americans with Disabilities Act (ADA), the Drug-Free Workplace Act, and the Health Insurance Portability and Accountability Act (HIPAA) (for healthcare entities) |
| Consequences | A positive test removes you from safety-sensitive duties and requires you to complete the full RTD process, including a SAP evaluation, any recommended treatment or education, a directly observed RTD test, and follow-up testing before returning to work. | Consequences are determined by the company’s specific drug-free workplace policy and can vary widely. |
What is a DOT Drug Test?
DOT drug tests are mandatory screenings that regulated employers must conduct for workers in safety-sensitive roles, as required by the U.S. Department of Transportation.
Are You Required to Take a DOT Drug Test?
You must take a DOT drug test if you work in a safety-sensitive position for an employer regulated by one of the U.S. Department of Transportation agencies, including:
Federal Motor Carrier Safety Administration (FMCSA)
- CDL truck drivers
- Bus drivers and motorcoach operators
- Drivers who transport hazardous materials
- Commercial vehicle operators in interstate commerce
Federal Aviation Administration (FAA)
- Airline pilots
- Flight attendants
- Flight crews
- Aircraft mechanics
- Air traffic controllers
- Aviation dispatch and ground crew roles
Federal Railroad Administration (FRA)
- Train engineers
- Conductors
- Train dispatchers
- Signal maintainers
- Roadway workers
- Safety-sensitive rail support staff
Federal Transit Administration (FTA)
- Mass transit vehicle operators
- Transit maintenance workers
- Safety-sensitive public transportation staff
Pipeline and Hazardous Materials Safety Administration (PHMSA)
- Pipeline controllers
- Technicians and maintenance crews
- Workers handling hazardous materials for transport
Maritime Administration (USCG/MARAD)
- Commercial vessel crew members
- Merchant mariners
- Operators of commercial boats and ships
When Are You Required to Take a DOT Drug Test?
DOT drug and alcohol testing happens at specific, federally defined times to ensure ongoing safety.
DOT tests are required:
- Pre-employment: Before a safety-sensitive employee can begin work
- Random testing: Conducted throughout the year through a DOT-approved random selection process
- Post-accident testing: After certain accidents involving citations, injuries requiring medical treatment, or vehicle disabling damage
- Reasonable suspicion: When a trained supervisor observes signs of possible drug or alcohol use
- Return-to-duty testing: After a violation, once the employee completes the SAP process
- Follow-up testing: A minimum of six tests during the first 12 months after returning to duty, additional testing for up to five years based on SAP recommendations
What Shows Up on a DOT Drug Test
DOT drug tests are five-panel urine tests that screen for:
- Marijuana (THC)
- Cocaine
- Amphetamines (Methamphetamines, methylenedioxyamphetamine (MDA), and methylenedioxymethamphetamine (MDMA))
- Opiates (Codeine, morphine, heroin, hydrocodone, hydromorphone, oxycodone, oxymorphone)
- Phencyclidine (PCP)
DOT Drug Test Procedures
DOT drug tests follow a standardized, federally mandated process outlined in 49 CFR Part 40, and the procedure is the same across all DOT agencies.
How the DOT drug testing procedures work:
- Identification: The employee provides a
- valid ID at the collection site.
- Custody & Control Form (CCF): The collector completes the DOT CCF, documenting the chain of custody.
- Urine collection: The employee provides a urine specimen in a controlled, private setting (unless direct observation is required, eg, for return-to-duty and follow-up testing).
- Split specimen: The sample is divided into Bottle A and Bottle B.
- Lab analysis: A certified HHS lab tests Bottle A.
- Medical Review Officer (MRO) review: A DOT-qualified MRO reviews results and contacts the employee to verify any legitimate medical explanations.
- Result reporting: Verified results are sent to the employer, and positive/refusal results are reported to the appropriate DOT system (e.g., FMCSA Clearinghouse).
Note: DOT alcohol testing is separate from the drug test and performed using an approved breath alcohol device.
Compliance & Legal Guidelines
DOT drug tests are governed by the requirements found in 49 CFR Part 40. Each administration also has additional regulations under various parts of the Code of Federal Regulations as follows:
- FMCSA – 49 CFR Part 382
- FAA – 14 CFR Part 120
- FRA – 49 CFR Part 219
- PHMSA – 49 CFR Part 199
- FTA – 49 CFR Part 655
- FHWA – 49 CFR Part 382
- NHTSA – 49 CFR Part 40 (Doesn’t have separate regulations but instead enforces the overarching DOT drug testing rules)
- U.S. Coast Guard/MARAD – 46 CFR Parts 4, 5, and 16
These rules govern safety-sensitive workers, regulated employers, medical review officers (MROs), and DOT-approved labs, and outline:
- When tests must be performed
- How they should be conducted
- How specimens should be analyzed
- The consequences of failing or refusing a DOT drug test or otherwise violating the DOT drug and alcohol rules.
What Happens if You Fail a DOT Drug Test?
If you fail or refuse a DOT drug or alcohol test, you will face the following consequences:
- Immediate removal from safety-sensitive duties
- For CDL drivers, placement into “prohibited” status in the FMCSA Clearinghouse
- Suspension of CDL, FAA, or other license until the Return-to-Duty process is completed
Before you can return to work, you must complete the Return-to-Duty process:
1. Schedule a SAP Evaluation
Start by scheduling an evaluation with a DOT-qualified Substance Abuse Professional (SAP).
At American River Wellness, we offer fast, virtual SAP evaluations, often same-day, to help you begin the process without delay.
2. Receive a Personalized Plan
During your evaluation, the SAP will assess your substance use history, medical background, and the circumstances of your violation to develop a tailored treatment or education plan.
3. Complete the Required Program
Your SAP’s recommendations may include one or more of the following, depending on the severity of your violation:
- Drug and alcohol education classes
- Outpatient counseling
- Group therapy or support meetings
- Inpatient treatment (if necessary)
4. Attend a Follow-Up SAP Evaluation
After finishing your program, you’ll meet with your SAP again to confirm you’ve completed all requirements.
5. Take a Return-to-Duty (RTD) Test
You must take and pass a directly observed DOT drug test before you’re eligible to return to safety-sensitive work.
6. SAP Reporting
Your SAP will report your successful completion and negative test result to your employer and the FMCSA Drug and Alcohol Clearinghouse.
7. Employer Decision
Your employer reviews the SAP report and test results to determine whether to reinstate you. They are not required to do so.
If your current employer does not reinstate you, the completed RTD process is still required before working for another DOT-regulated company.
8. Follow-Up Testing
Once reinstated, you’ll be subject to follow-up testing, at least six tests in the first 12 months, with possible continued testing for up to five years.
What is a Non-DOT Drug Test?
Non-DOT drug tests apply to employers not regulated by the DOT and follow internal company policies rather than federal rules.
DOT-regulated companies can also perform them for workers who do not hold safety-sensitive jobs.
Non-DOT testing is commonly done for:
- Healthcare workers (nurses, doctors, CNAs, EMTs, paramedics, etc.)
- Construction workers
- Manufacturing workers
- Retail and hospitality workers
- Office workers
- K-12 teachers
- Workers serving vulnerable populations (elderly, disabled, or children)
When Employers Use Non-DOT Drug Tests
Non-DOT testing may occur at several points in the hiring or employment process, depending on company policy, including:
- Pre-employment drug tests – Conducted before a job offer is finalized
- Annual drug tests – Tests required each year as a part of an employee’s annual performance evaluation
- Random drug tests – Tests performed randomly on a pre-selected percentage of workers through a randomized process
- Post-incident tests – For example, following a workplace accident, such as a forklift accident in a warehouse
- Reasonable suspicion tests – For example, when an employee appears to be under the influence at work
What Non-DOT Drug Test Panel Tests For
These tests vary widely in panel type, frequency, and consequences.
Common non-DOT panels include:
- Standard 5-panel tests
- 10-panel screenings
- 12-panel tests
- Custom tests (benzodiazepines, barbiturates, methadone, ecstasy, synthetic opioids, etc.)
Non-DOT Drug Test Procedures
Non-DOT drug testing can differ based on industry, state rules, and whether the employer uses lab-based or rapid testing.
Most non-DOT drug tests include:
- ID verification: The employee provides identification.
- Company paperwork: A non-DOT chain-of-custody form is used.
- Specimen collection: Depending on policy, employers may use urine, saliva, hair, or blood.
- Lab or rapid testing:
• Lab-based tests: Sent to a certified lab for analysis.
• Rapid tests: Provide instant results on-site. - MRO review (varies): Some employers use an MRO for positives; others do not.
- Result reporting: Results are sent to HR according to company policy and state law.
Note: Non-DOT alcohol testing may also be performed separately using breath, saliva, or blood tests, depending on an employer’s policy.
Compliance & Legal Guidelines
Non-DOT testing isn’t federally regulated, but must comply with:
- State laws (which vary widely)
- Workplace drug and alcohol policies
- ADA and EEOC rules on privacy and fairness
- State marijuana testing rules in a few states (i.e., California and Washington State)
What Are the Consequences if You Fail?
Consequences depend on the employer’s policy and state laws.
Possible outcomes include:
- Having a conditional job offer rescinded
- Immediate termination
- Being offered treatment through an Employee Assistance Program (EAP)
- Some employers allow retesting or have second-chance policies
Note: Unlike DOT tests, non-DOT violations do not require a mandatory SAP process unless an employer chooses to use one.
Start Your DOT-SAP or Non-DOT Program With American River Wellness
If you have failed or refused a DOT drug test, you must complete the RTD process before you can get back to work.
American River Wellness can help you complete your DOT SAP program quickly, and we can also assist you with a company-policy–based NON-DOT return-to-duty process.
Contact us today to schedule your evaluation and get started on your return to work: (833)436-8727
DISCLAIMER: This information is intended solely for educational and informational purposes. It should not be interpreted as legal counsel or guidance.
FAQ
If your employer is regulated by any of the administrations under the U.S. Department of Transportation, you will be required to submit to DOT drug tests if you apply for or work in a safety-sensitive role.
Even if you work for a company that isn’t regulated by the DOT, you might still be required to undergo non-DOT drug testing under your company’s drug and alcohol policy.
No. CDL drivers do not lose their licenses for failing a non-DOT drug test under FMCSA rules. Instead, DOT and non-DOT testing must be kept completely separate.
No. DOT drug tests do not check for alcohol, but alcohol testing is still required under DOT regulations. Alcohol is tested separately through a breath alcohol test.
DOT rules don’t ban CBD, but using CBD can still trigger a positive THC test, and DOT does not accept CBD use as an excuse.
Since CBD products are often mislabeled and may contain more THC than advertised, any positive THC result will count as a DOT drug test failure.
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