• There are several considerations when deciding whether an in-house DOT drug and alcohol testing facility is a fit for your motor carrier.

The headache of finding a clinic or the cost of arranging a test could be reasons why a motor carrier may toy with the idea of bringing DOT testing in-house.

But the plan may be more of an undertaking than you realize when you look at the detailed requirements in 49 CFR Part 40, in addition to potential liabilities.

Consider the following areas if you’re looking into the option of conducting DOT tests internally.

Trained internal personnel

Both drug specimen collectors and alcohol testing personnel must receive specific training at least once every 5 years. Training covers basic regulatory information and procedures, step-by-step instructions on conducting a drug or alcohol test, and how to handle problems that may occur during the test. Training is concluded by demonstrating proficiency through error-free mock tests monitored by a qualified collector or technician.

In the event a collector or technician’s mistake causes a drug or alcohol test to be cancelled, the testing personnel must undergo error correction training within 30 days of learning of the mistake. This training is overseen by qualified collectors or technicians who observe error-free mock tests addressing the area that caused the test to be cancelled.

Claims of wrongdoing

To reduce any claims of wrongdoing, many carriers keep testing out of the hands of safety or operations personnel. An on-site facility may be the best option — using a company nurse or doctor with no relationship with drivers. This is especially important for urine collections that require direct observation.

“To avoid the appearance of a conflict of interest,” the drug testing rules limit who may act as a specimen collector, including:

• Anyone related to the employee being tested (e.g., spouse, ex-spouse, relative) or a close friend; and
• The immediate supervisor of the employee, unless no other collector is available and permitted under 49 CFR Part 382.

The alcohol testing rules have a similar stipulation restricting the immediate supervisor of the employee, unless no other technician is available and it’s permitted under Part 382.

When you examine Part 382, there’s one absolute to note in 382.307. The trained supervisor who requests a reasonable suspicion alcohol test can’t conduct the test. But it’s probably best not to allow this supervisor to conduct a drug test either, unless no one else is available.

Facility requirements

Both drug and alcohol clinics must be secure and private. For urine specimen collections:

• The water must be turned off in the bathroom,
• There must be no access to soap or other adulterants, and
• The toilet water must be blue.

Collectors must secure areas and items (e.g., ledges, trash receptacles, paper towel holders, under-sink areas) that appear suitable for concealing contaminants. If this facility is used for other purposes, access to collection materials and specimens must be restricted, and no one is permitted access during the collection.

For alcohol testing, in addition to general privacy and security requirements, the site must have a suitable clean surface for writing, and all testing equipment must be stored in a secure place when not in use.

Equipment and forms

Only approved drug specimen collection kits can be used for DOT drug tests, along with Federal Drug Testing Custody and Control Forms (CCFs). Employers aren’t permitted to use rapid tests or other testing methods (e.g., hair, blood), use a non-DOT (forensic) testing form, or test for drugs or thresholds outside of the DOT drug panel.

For alcohol testing, tests can only be performed using a device on the approved DOT list, along with a DOT alcohol testing form (ATF). If the employer’s site is only equipped with a non-evidential device for screening tests — and they’re unable to perform a confirmation test using an evidential breath testing (EBT) device — the in-house clinic must be prepared to transport the driver to an alternative facility to complete the test.

And just like an off-site alcohol testing facility:

• The employer’s clinic must maintain records on the EBT’s inspection, maintenance, and calibration.
• The technician must report the results to the company’s designated employer representative (DER). If the confirmation test is .02 BAC or greater, they immediately transmit the result directly to the DER in a confidential manner.

Handling of drug testing specimens

The employer-based clinic is required to send drug test specimens for analysis to a certified lab. The results must be reviewed by a medical review officer (MRO) who’ll provide an official result. This means the in-house facility must securely store the collected specimen until it can be sent via courier to the lab as soon as possible (no later than 24 hours or during the next business day). The collector must send the MRO and DER their respective copies of the CCF within 24 hours and retain the clinic’s copies for at least 30 days.