What happens if an employee who commits a DOT drug or alcohol violation in one mode switches to a job in another mode?

A DOT drug or alcohol violation occurring under another DOT-regulated mode (pipeline, air, transit, maritime, rail) follows an employee to an FMCSA position. The employee must fulfill the return-to-duty process in order to operate a CMV.

For example, an applicant worked for an employer and tested positive under the authority of the Pipeline and Hazardous Materials Safety Administration (PHMSA). If the person applies for a position as a driver of a CDL CMV, the motor carrier would be required to contact this former DOT-regulated employer and request the DOT testing history. Even though the pipeline employer is not a former FMCSA-regulated employer, it was a DOT-regulated employer and the driver was subject to Part 40 testing. The violation under PHMSA applies to the individual’s driving career under FMCSA.