Compare a part between two dates
Pick a part and two dates. Every section whose wording changed in between is listed with a link to the exact diff. Built for the deposition question "has this rule changed since the crash?"
Part 40 — Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Between Sept. 30, 1998 and today (current through Oct. 22, 2026): 25 amended, 175 added, 13 removed, 0 unchanged.
Sept. 30, 1998 falls before day-level history begins (Jan. 1, 2017). It is read from the annual CFR edition in force that day (revised as of October 1), so an amendment that took effect earlier in that edition year is counted as already in place. Federal Register citations on each section give exact effective dates.
- Amended§ 40.1 Who does this regulation cover?View diffChanged Oct. 1, 2001
- Amended§ 40.3 What do the terms used in this part mean?View diffChanged 11 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2008; Oct. 1, 2010; Oct. 1, 2011; Oct. 1, 2015; Oct. 1, 2016; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.5 Who issues authoritative interpretations of this regulation?Read itAdded Oct. 1, 2001
- Removed§ 40.5-40.19 [Reserved]Read the removed textRemoved Oct. 1, 2001
- Added§ 40.7 How can you get an exemption from a requirement in this regulation?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2008
- AddedRead it
- Added§ 40.13 How do DOT drug and alcohol tests relate to non-DOT tests?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.14 What collection information must employers provide to collectors?Read itChanged 4 times: Oct. 1, 2010; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements?Read itChanged 3 times: Oct. 1, 2001; Oct. 1, 2011; Oct. 1, 2012
- Added§ 40.17 Is an employer responsible for obtaining information from its service agents?Read itAdded Oct. 1, 2001
- Added§ 40.19 [Reserved]Read itAdded Oct. 1, 2001
- Amended§ 40.21 May an employer stand down an employee before the MRO has completed the verification process?View diffChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Amended§ 40.23 What actions do employers take after receiving verified test results?View diffChanged 6 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2008; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Amended§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?View diffChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency?Read itChanged 6 times: Oct. 1, 2003; Nov. 13, 2017; Jan. 1, 2018; April 23, 2019; May 2, 2023; June 1, 2023
- Amended§ 40.27 May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?View diffChanged Oct. 1, 2001
- Removed§ 40.29 Laboratory analysis procedures.Read the removed textChanged 7 times: Oct. 1, 1999; Oct. 1, 2001; Oct. 1, 2002; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Amended§ 40.31 Who may collect specimens for DOT drug testing?View diffChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Amended§ 40.33 What training requirements must a collector meet for urine collection?View diffChanged 9 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2013; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023; Nov. 5, 2024; Dec. 5, 2024
- Amended§ 40.35 What training requirements must a collector meet for oral fluid collection?View diffChanged 7 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; June 21, 2024; Aug. 1, 2024; Nov. 5, 2024; Dec. 5, 2024
- AddedRead it
- Removed§ 40.37 Individual access to test and laboratory certification results.Read the removed textChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Removed§ 40.39 Use of certified laboratories.Read the removed textRemoved Oct. 1, 2001
- Added§ 40.40 What form is used to document a DOT collection?Read itAdded June 1, 2023
- Added§ 40.41 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.42 Where does a urine collection for a DOT drug test take place?Read itAdded June 1, 2023
- Added§ 40.43 What steps must operators of collection sites and collectors take to protect the security and integrity of urine collections?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.44 What materials are used to collect urine specimens?Read itAdded June 1, 2023
- Added§ 40.45 What materials are used to send urine specimens to the laboratory?Read itChanged 9 times: Oct. 1, 2001; Oct. 1, 2002; Oct. 1, 2010; Oct. 1, 2011; Oct. 1, 2015; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.47 Where does an oral fluid collection for a DOT drug test take place?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.48 What steps must operators of collection sites and collectors take to protect the security and integrity of oral fluid collections?Read itAdded June 1, 2023
- Added§ 40.49 What materials are used to collect oral fluid specimens?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2011; Oct. 1, 2012; May 2, 2023; June 1, 2023
- Amended§ 40.51 What materials are used to send oral fluid specimens to the laboratory?View diffChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Removed§ 40.53 Devices to be used for breath alcohol tests.Read the removed textRemoved Oct. 1, 2001
- Removed§ 40.55 Quality assurance plans for EBTs.Read the removed textRemoved Oct. 1, 2001
- Removed§ 40.57 Locations for breath alcohol testing.Read the removed textRemoved Oct. 1, 2001
- Removed§ 40.59 The breath alcohol testing form.Read the removed textRemoved Oct. 1, 2001
- Amended§ 40.61 What are the preliminary steps in the drug testing collection process?View diffChanged 4 times: Oct. 1, 2001; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Amended§ 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?View diffChanged 4 times: Oct. 1, 2001; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Amended§ 40.65 What does the collector check for when the employee presents a urine specimen?View diffChanged 5 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; May 11, 2026; June 10, 2026
- Amended§ 40.67 When and how is a directly observed urine collection conducted?View diffChanged 11 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; Oct. 1, 2008; Oct. 1, 2009; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023; May 11, 2026; June 10, 2026
- Amended§ 40.69 How is a monitored urine collection conducted?View diffChanged 5 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; May 11, 2026; June 10, 2026
- Added§ 40.71 How does the collector prepare the urine specimen?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Removed§ 40.71-40.77 [Reserved]Read the removed textRemoved Oct. 1, 2001
- Added§ 40.72 What steps does the collector take in the collection process before the employee provides an oral fluid specimen?Read itAdded June 1, 2023
- Added§ 40.73 How is an oral fluid specimen collected?Read itChanged 9 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2015; May 2, 2023; June 1, 2023; June 21, 2024; Aug. 1, 2024; Nov. 5, 2024; Dec. 5, 2024
- Added§ 40.74 How does the collector prepare the oral fluid specimens?Read itAdded June 1, 2023
- Added§ 40.75-40.78 [Reserved]Read itAdded June 1, 2023
- Amended§ 40.79 How is the collection process completed?View diffChanged June 1, 2023
- Amended§ 40.81 What laboratories may be used for DOT drug testing?View diffChanged 4 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.82 What drugs do laboratories test for?Read itAdded June 1, 2023
- Amended§ 40.83 How do laboratories process incoming specimens?View diffChanged 9 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2008; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.84 How long does the laboratory retain specimens after testing?Read itAdded June 1, 2023
- Added§ 40.85 What are the cutoff concentrations for urine drug tests?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.86 What is urine validity testing, and are laboratories required to conduct it?Read itAdded June 1, 2023
- Added§ 40.87 What validity tests must laboratories conduct on primary urine specimens?Read itChanged 7 times: Oct. 1, 2001; Oct. 1, 2010; Oct. 1, 2012; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.88 What criteria do laboratories use to establish that a urine specimen is dilute or substituted?Read itAdded June 1, 2023
- Added§ 40.89 What are the adulterant cutoff concentrations for initial and confirmation urine tests?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.90 What criteria do laboratories use to establish that a urine specimen is invalid?Read itAdded June 1, 2023
- Amended§ 40.91 What are the cutoff concentrations for oral fluid drug tests?View diffChanged 4 times: Oct. 1, 2001; Oct. 1, 2005; May 2, 2023; June 1, 2023
- Added§ 40.92 What is oral fluid validity testing, and are laboratories required to conduct it?Read itAdded June 1, 2023
- Amended§ 40.93 What validity tests must laboratories conduct on primary oral fluid specimens?View diffChanged 4 times: Oct. 1, 2001; Oct. 1, 2005; May 2, 2023; June 1, 2023
- Removed§ 40.95 Quality assurance plans for non-evidential screening devices.Read the removed textChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Amended§ 40.97 What do laboratories report and how do they report it?View diffChanged 10 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; Oct. 1, 2008; Oct. 1, 2010; Oct. 1, 2011; Oct. 1, 2012; May 2, 2023; June 1, 2023; June 21, 2024
- Removed§ 40.99 Testing forms.Read the removed textChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Amended§ 40.101 What relationship may a laboratory have with an MRO?View diffChanged Oct. 1, 2001
- Removed§ 40.103 Refusals to test and uncompleted tests.Read the removed textChanged 5 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018
- Removed§ 40.105 Inability to provide an adequate amount of breath or saliva.Read the removed textChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; Nov. 13, 2017; Jan. 1, 2018
- Amended§ 40.107 Who may inspect laboratories?View diffChanged Oct. 1, 2001
- Amended§ 40.109 What documentation must the laboratory keep, and for how long?View diffChanged Oct. 1, 2001
- Amended§ 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains?View diffChanged 6 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2011; Oct. 1, 2012; May 2, 2023; June 1, 2023
- Added§ 40.121 Who is qualified to act as an MRO?Read itChanged 7 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.123 What are the MRO's responsibilities in the DOT drug testing program?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.125 What relationship may an MRO have with a laboratory?Read itAdded Oct. 1, 2001
- Added§ 40.127 What are the MRO's functions in reviewing negative test results?Read itChanged 4 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; Nov. 8, 2023
- Added§ 40.129 What are the MRO's functions in reviewing laboratory confirmed non-negative drug test results?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Added§ 40.131 How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; Oct. 1, 2008
- Added§ 40.133 Without interviewing the employee, under what circumstances may the MRO verify a test result as positive, or as a refusal to test because of adulteration or substitution, or as cancelled because the test was invalid?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2008
- Added§ 40.135 What does the MRO tell the employee at the beginning of the verification interview?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.137 On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, semi-synthetic opioids, or PCP?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.139 On what basis does the MRO verify test results involving 6-acetylmorphine, codeine, and morphine?Read itChanged 7 times: Oct. 1, 2001; Oct. 1, 2010; Oct. 1, 2012; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.141 How does the MRO obtain information for the verification decision?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.143 [Reserved]Read itAdded Oct. 1, 2001
- Added§ 40.145 On what basis does the MRO verify test results involving adulteration or substitution?Read itChanged 8 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; May 2, 2023; June 1, 2023; June 21, 2024; May 11, 2026; June 10, 2026
- Added§ 40.147 [Reserved]Read itAdded Oct. 1, 2001
- Added§ 40.149 May the MRO change a verified drug test result?Read itChanged 3 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010
- Added§ 40.151 What are MROs prohibited from doing as part of the verification process?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Added§ 40.153 How does the MRO notify employees of their right to a test of the split specimen?Read itAdded Oct. 1, 2001
- Added§ 40.155 What does the MRO do when a negative or positive test result is also dilute?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; Oct. 1, 2008
- Added§ 40.157 [Reserved]Read itAdded Oct. 1, 2001
- Added§ 40.159 What does the MRO do when a drug test result is invalid?Read itChanged 6 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.160 What does the MRO do when a valid test result cannot be produced and a negative result is required?Read itAdded Oct. 1, 2008
- Added§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.162 What must MROs do with multiple verified results for the same testing event?Read itChanged 3 times: Oct. 1, 2008; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.163 How does the MRO report drug test results?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2010; Oct. 1, 2011; May 2, 2023; June 1, 2023
- Added§ 40.165 To whom does the MRO transmit reports of drug test results?Read itAdded Oct. 1, 2001
- AddedRead it
- Added§ 40.171 How does an employee request a test of a split specimen?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2008
- Added§ 40.173 Who is responsible for paying for the test of a split specimen?Read itAdded Oct. 1, 2001
- AddedRead it
- Added§ 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.179 What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.181 What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.183 What information do laboratories report to MROs regarding split specimen results?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2008
- Added§ 40.185 Through what methods and to whom must a laboratory report split specimen results?Read itAdded Oct. 1, 2001
- Added§ 40.187 What does the MRO do with split specimen laboratory results?Read itChanged 7 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2008; Oct. 1, 2010; Oct. 1, 2015; May 2, 2023; June 1, 2023
- Added§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?Read itChanged 8 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2006; Oct. 1, 2008; Oct. 1, 2010; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.193 What happens when an employee does not provide a sufficient amount of specimen for a drug test?Read itChanged 6 times: Oct. 1, 2001; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.195 What happens when an individual is unable to provide a sufficient amount of specimen for a pre-employment, follow-up, or return-to-duty test because of a permanent or long-term medical condition?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.197 What happens when an employer receives a report of a dilute urine specimen?Read itChanged 6 times: Oct. 1, 2001; Oct. 1, 2003; Oct. 1, 2005; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.199 What problems always cause a drug test to be cancelled?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- Added§ 40.203 What problems cause a drug test to be cancelled unless they are corrected?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2010; Oct. 1, 2011; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.205 How are drug test problems corrected?Read itAdded Oct. 1, 2001
- Added§ 40.207 What is the effect of a cancelled drug test?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.208 What problems require corrective action but do not result in the cancellation of a test?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.209 What procedural problems do not result in the cancellation of a test and do not require correction?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2007; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Added§ 40.210 What kinds of drug tests are permitted under the regulations?Read itChanged 4 times: Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.211 Who conducts DOT alcohol tests?Read itAdded Oct. 1, 2001
- Added§ 40.213 What training requirements must STTs and BATs meet?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.215 What information about the DER do employers have to provide to BATs and STTs?Read itAdded Oct. 1, 2001
- Added§ 40.221 Where does an alcohol test take place?Read itAdded Oct. 1, 2001
- Added§ 40.223 What steps must be taken to protect the security of alcohol testing sites?Read itAdded Oct. 1, 2001
- Added§ 40.225 What form is used for an alcohol test?Read itChanged 8 times: Oct. 1, 2001; Oct. 1, 2010; Oct. 1, 2011; Oct. 1, 2012; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?Read itAdded Oct. 1, 2001
- Added§ 40.229 What devices are used to conduct alcohol screening tests?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.231 What devices are used to conduct alcohol confirmation tests?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.233 What are the requirements for proper use and care of EBTs?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.235 What are the requirements for proper use and care of ASDs?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.241 What are the first steps in any alcohol screening test?Read itAdded Oct. 1, 2001
- Added§ 40.243 What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?Read itAdded Oct. 1, 2001
- Added§ 40.245 What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2002; Oct. 1, 2003; Oct. 1, 2007; June 21, 2024
- Added§ 40.247 What procedures does the BAT or STT follow after a screening test result?Read itAdded Oct. 1, 2001
- Added§ 40.251 What are the first steps in an alcohol confirmation test?Read itAdded Oct. 1, 2001
- AddedRead it
- Added§ 40.255 What happens next after the alcohol confirmation test result?Read itAdded Oct. 1, 2001
- Added§ 40.261 What is a refusal to take an alcohol test, and what are the consequences?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?Read itAdded Oct. 1, 2001
- Added§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?Read itAdded Oct. 1, 2001
- Added§ 40.267 What problems always cause an alcohol test to be cancelled?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2002; Oct. 1, 2003; Oct. 1, 2006; Oct. 1, 2007
- Added§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2006
- Added§ 40.271 How are alcohol testing problems corrected?Read itAdded Oct. 1, 2001
- Added§ 40.273 What is the effect of a cancelled alcohol test?Read itAdded Oct. 1, 2001
- Added§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test?Read itAdded Oct. 1, 2001
- Added§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?Read itAdded Oct. 1, 2001
- Added§ 40.281 Who is qualified to act as a SAP?Read itChanged 8 times: Oct. 1, 2001; Oct. 1, 2004; Oct. 1, 2006; Oct. 1, 2008; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.283 How does a certification organization obtain recognition for its members as SAPs?Read itChanged 6 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2011; Oct. 1, 2012; May 2, 2023; June 1, 2023
- Added§ 40.285 When is a SAP evaluation required?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?Read itAdded Oct. 1, 2001
- Added§ 40.289 Are employers required to provide SAP and treatment services to employees?Read itAdded Oct. 1, 2001
- Added§ 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?Read itChanged 4 times: Oct. 1, 2001; May 2, 2023; June 1, 2023; June 21, 2024
- Added§ 40.293 What is the SAP's function in conducting the initial evaluation of an employee?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?Read itAdded Oct. 1, 2001
- Added§ 40.297 Does anyone have the authority to change a SAP's initial evaluation?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.299 What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2006
- Added§ 40.301 What is the SAP's function in the follow-up evaluation of an employee?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2013; May 2, 2023; June 1, 2023
- AddedRead it
- Added§ 40.305 How does the return-to-duty process conclude?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.307 What is the SAP's function in prescribing the employee's follow-up tests?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Added§ 40.309 What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?Read itAdded Oct. 1, 2001
- Added§ 40.311 What are the requirements concerning SAP reports?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.321 What is the general confidentiality rule for drug and alcohol test information?Read itAdded Oct. 1, 2001
- Added§ 40.323 May program participants release drug or alcohol test information in connection with legal proceedings?Read itAdded Oct. 1, 2001
- Added§ 40.325 [Reserved]Read itAdded Oct. 1, 2001
- Added§ 40.327 When must the MRO report medical information gathered in the verification process?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- Added§ 40.329 What information must laboratories, MROs, and other service agents release to employees?Read itAdded Oct. 1, 2001
- Added§ 40.331 To what additional parties must employers and service agents release information?Read itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.333 What records must employers keep?Read itAdded Oct. 1, 2001
- Added§ 40.341 Must service agents comply with DOT drug and alcohol testing requirements?Read itAdded Oct. 1, 2001
- Added§ 40.343 What tasks may a service agent perform for an employer?Read itAdded Oct. 1, 2001
- Added§ 40.345 In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?Read itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- AddedRead it
- Added§ 40.349 What records may a service agent receive and maintain?Read itAdded Oct. 1, 2001
- Added§ 40.351 What confidentiality requirements apply to service agents?Read itAdded Oct. 1, 2001
- Added§ 40.353 What principles govern the interaction between MROs and other service agents?Read itAdded Oct. 1, 2001
- Added§ 40.355 What limitations apply to the activities of service agents?Read itChanged 5 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2010; May 2, 2023; June 1, 2023
- Added§ 40.361 What is the purpose of a public interest exclusion (PIE)?Read itAdded Oct. 1, 2001
- Added§ 40.363 On what basis may the Department issue a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.365 What is the Department's policy concerning starting a PIE proceeding?Read itChanged 5 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- Added§ 40.367 Who initiates a PIE proceeding?Read itAdded Oct. 1, 2001
- Added§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?Read itAdded Oct. 1, 2001
- Added§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?Read itAdded Oct. 1, 2001
- Added§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?Read itAdded Oct. 1, 2001
- Added§ 40.375 How does the initiating official start a PIE proceeding?Read itAdded Oct. 1, 2001
- Added§ 40.377 Who decides whether to issue a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.379 How do you contest the issuance of a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.381 What information do you present to contest the proposed issuance of a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.383 What procedures apply if you contest the issuance of a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.385 Who bears the burden of proof in a PIE proceeding?Read itAdded Oct. 1, 2001
- AddedRead it
- Added§ 40.389 What factors may the Director consider?Read itAdded Oct. 1, 2001
- Added§ 40.391 What is the scope of a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.393 How long does a PIE stay in effect?Read itAdded Oct. 1, 2001
- Added§ 40.395 Can you settle a PIE proceeding?Read itAdded Oct. 1, 2001
- Added§ 40.397 When does the Director make a PIE decision?Read itAdded Oct. 1, 2001
- Added§ 40.399 How does the Department notify service agents of its decision?Read itAdded Oct. 1, 2001
- Added§ 40.401 How does the Department notify employers and the public about a PIE?Read itChanged 3 times: Oct. 1, 2001; Nov. 13, 2017; Jan. 1, 2018
- Added§ 40.403 Must a service agent notify its clients when the Department issues a PIE?Read itAdded Oct. 1, 2001
- Added§ 40.405 May the Federal courts review PIE decisions?Read itAdded Oct. 1, 2001
- Added§ 40.407 May a service agent ask to have a PIE reduced or terminated?Read itAdded Oct. 1, 2001
- Added§ 40.409 What does the issuance of a PIE mean to transportation employers?Read itChanged 2 times: Oct. 1, 2001; Oct. 1, 2010
- Added§ 40.411 What is the role of the DOT Inspector General's office?Read itAdded Oct. 1, 2001
- Added§ 40.413 How are notices sent to service agents?Read itAdded Oct. 1, 2001
- AddedAppendix A to Part 40 Appendix A to Part 40—DOT Standards for Urine Collection KitsRead itAdded Oct. 1, 2001
- AddedAppendix B to Part 40 Appendix B to Part 40—Oral Fluid Collection Kit ContentsRead itChanged 8 times: Oct. 1, 2001; Oct. 1, 2008; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018; Jan. 22, 2018; May 2, 2023; June 1, 2023
- AddedAppendix C to Part 40 [Reserved] Appendix C to Part 40 [Reserved]Read itAdded June 1, 2023
- AddedAppendix D to Part 40 Appendix D to Part 40—DOT Drug Testing Semi-Annual Laboratory Report to EmployersRead itChanged 7 times: Oct. 1, 2001; Oct. 1, 2006; Oct. 1, 2008; Nov. 13, 2017; Jan. 1, 2018; May 2, 2023; June 1, 2023
- AddedAppendix E to Part 40 Appendix E to Part 40—Drug Testing Semi-Annual Laboratory Report to DOTRead itChanged 3 times: Oct. 1, 2001; May 2, 2023; June 1, 2023
- AddedAppendix F to Part 40 Appendix F to Part 40—Report Format: Split Specimen Failure To ReconfirmRead itChanged 4 times: Oct. 1, 2001; Oct. 1, 2008; May 2, 2023; June 1, 2023
- AddedAppendix G to Part 40 Appendix G to Part 40—SAP Equivalency Requirements for Certification OrganizationsRead itChanged 4 times: Oct. 1, 2001; Oct. 1, 2010; May 2, 2023; June 1, 2023
- AddedAppendix H to Part 40 Appendix H to Part 40—Drug and Alcohol Testing Information that C/TPAs May Transmit to EmployersRead itChanged 7 times: Oct. 1, 2003; Oct. 1, 2010; Nov. 13, 2017; Jan. 1, 2018; April 23, 2019; May 2, 2023; June 1, 2023
- AddedAppendix I to Part 40 Appendix I to Part 40—Alcohol Testing FormRead itAdded June 1, 2023
- AddedAppendix J to Part 40 Appendix J to Part 40—DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection FormRead itAdded June 1, 2023