What Does 49 CFR Part 40 Mean?
49 CFR Part 40, also called Part 40, is a specific section in the Code of Federal Regulations (CFR) that applies to Department of Transportation (DOT) agencies covering all transportation industries such as aviation, commercial motor vehicles (CMV), and railroad. In 1991, the Omnibus Transportation Employee Testing Act passed, introducing DOT drug and/or alcohol testing regulations for employers to adopt and follow. Part 40 encompasses standard drug and/or alcohol testing methods in administering, collecting, analyzing, and confirming specimen results. These industry-specific guidelines and rules are established in helping employers determine whether applicants and/or current employees are fit to occupy a safety-sensitive position.
WorkplaceTesting Explains 49 CFR Part 40
DOT agencies are obligated to abide to 49 CFR part 40 regulations when appointing individuals to safety-sensitive positions. DOT-regulated drug and/or alcohol testing procedures follow a set criteria based on job position/status, using proper testing equipment/materials, and eligibility (applicants) and/or reinstatement (current employees) to new or existing positions.
Employers within a specific industries have some latitude in conducting relevant drug and/or alcohol testing methods prior to and throughout term of employment. While Part 40 is a comprehensive DOT agency mandate for drug and/or alcohol testing protocol, conditions for testing can vary between industries and are often based on specific job requirements. For this reason, employers are responsible for informing all personnel about current safety policy and procedures exclusive to their line of work.
Applicants and/or employees who test positive after initial drug and/or alcohol testing can refuse additional testing to support original findings. However, exercising this right, depending on the circumstances, can lead to potential disqualification and/or termination per DOT-regulated clauses.