Most motor carriers subject to DOT drug and alcohol testing also have a non-DOT program, according to a recent poll of Compliance Network subscribers.

When asked which statement most accurately reflects their operation, motor carriers responded as follows:

• 66.7 percent: Subject to Part 382 and have a non-DOT testing program.
• 14.3 percent: Subject to Part 382 but don’t have a non-DOT program.
• 9.5 percent: Not subject to Part 382 but have a non-DOT program.
• 9.5 percent: Not subject to Part 382 and don’t have a non-DOT program.

The information suggests that those who are already invested in DOT testing are more likely to create a non-DOT testing program. Of those who are not mandated to have a Part 382 program, it’s evenly split on whether they pursue a non-DOT testing program.

Why create a non-DOT program?

Motor carriers test under their own authority to help identify impaired employees and deter others from engaging behaviors that affect motor carrier safety as a risk management tool.

Programs often include employees who are not subject to mandated testing but affect motor carrier safety. Some policies include testing drivers who are subject Part 382 under circumstances not permitted in the safety regulations (e.g., crash criteria not met).

Consider the following when developing a non-DOT testing program.

Other job titles

Non-DOT drug and alcohol testing often includes drivers in non-safety-sensitive positions, technicians, dispatchers, and others within the organization. Impaired judgment on the part of any one of these employees has the potential for personal injury or the injury of others.

Federal and state laws

Managing a non-DOT program is no easy task. Unlike DOT testing, which leaves little wiggle room for program administration, much is left to the discretion of the employer for non-DOT testing. An administrator must look to other federal and state laws for guidance. For example, an employer:

• Can’t perform random non-DOT alcohol testing since it’s prohibited under federal employment law. Alcohol testing should be based on a reason.
• Must be familiar with state requirements when considering on-site versus off-site testing. Some states allow for rapid drug tests, while others require employers to use a certified lab to process urine specimens for drugs.
• Must know state marijuana laws to know if the drug can be included in the testing panel.

Separate testing programs

When setting up contracts with service providers, motor carriers must ensure the DOT and non-DOT programs are separated. It’s especially important at the collection site. DOT testing forms and drug testing kits can’t be used for a non-DOT program and vice versa. When using the same vendor, staff must know which to use.

Non-DOT drug & alcohol policy

A non-DOT policy, just like a DOT policy, should educate employees on the company’s drug and alcohol policy as well as what the consequences are for not abiding by it. The level of detail and explanation of processes are left to the discretion of the employer. Consider the latest state laws, including marijuana, when creating and updating a non‑DOT policy.

Key to remember: When setting up a non-DOT testing program, carriers must consider which employees will be included, testing standards, and state and federal employment law.