§ 40.81 What laboratories may be used for DOT drug testing?
Current wording, effective June 21, 2024.
(a) EmployersAs shall maintain records in a securedrug manner,testing solaboratory thatlocated disclosurein ofthe information to unauthorized persons does not occurU.
(b)Exceptyou asare requiredpermitted byto lawparticipate or expressly authorized or required in thisDOT section,drug notesting employeronly shallif releaseyou coveredare employeecertified informationby thatHHS isunder contained in the recordsNational requiredLaboratory toCertification beProgram maintained(NLCP) byfor thiseach partspecimen ortesting bymethodology DOTperformed agencyunder alcoholthis misuse rulespart.
(cb) AnAs employeea subjectdrug to testing islaboratory entitled,located uponin writtenCanada request,or toMexico obtainwhich copiesis ofnot anycertified recordsby pertainingHHS tounder the employee's use of alcoholNLCP, includingyou anyare recordspermitted pertaining to hisparticipate orin herDOT alcoholdrug tests.testing Theonly employer shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested.if:
(d1) EachThe employerDOT, shallbased permiton accessa towritten allrecommendation facilitiesfrom utilizedHHS, inhas complyingapproved withyour thelaboratory requirementsas ofmeeting thisHHS partlaboratory andcertification DOTstandards agencyor alcoholdeemed misuseyour ruleslaboratory tofully theequivalent Secretaryto of Transportation, any DOT agency with regulatory authority over the employer, or a statelaboratory agencymeeting withHHS regulatorylaboratory authoritycertification overstandards thefor employerall (astesting authorizedrequired byunder DOTthis agencypart; regulations).or
(e2) WhenThe requested by the Secretary of TransportationDOT, anybased DOTon agencya withwritten regulatoryrecommendation authorityfrom over the employerHHS, orhas recognized a stateCanadian agencyor withMexican regulatorycertifying authorityorganization over the employer (as authorizedhaving byequivalent DOTlaboratory agencycertification regulations),standards eachand employerprocedures shallto makethose available copies of allHHS, results for employer alcohol testing conducted under the requirements of this part and any other information pertaining to the employer'sCanadian alcoholor misuseMexican preventioncertifying program.organization Thehas informationcertified shallyour includelaboratory name-specificunder alcoholthose testequivalent results,standards records and reportsprocedures.
(fc) WhenAs requesteda bylaboratory theparticipating Nationalin Transportationthe SafetyDOT Boarddrug astesting part of an accident investigationprogram, anyou employermust shallcomply disclosewith information related to the employer'srequirements administration of anythis post-accident alcohol tests administered following the accident under investigationpart.
(g)AnYou employermust shallalso makecomply recordswith availableall toapplicable arequirements subsequent employer upon receipt of aHHS writtenin requesttesting fromDOT aspecimens, coveredwhether employee.or Disclosurenot by the subsequentHHS employerrequirements isare permittedexplicitly onlystated asin expresslythis authorized by the terms of the employee's written requestpart.
(hd) AnIf employerDOT maydetermines disclosethat informationyou requiredare toin benoncompliance maintainedwith under this part, pertainingyou tocould abe coveredsubject employee to thatPIE employeeproceedings or to the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of an alcohol test administered under theSubpart requirementsR of this part,. orIf from the employer'sDepartment determinationissues that the employee engaged in conduct prohibited by a DOTPIE agencywith alcoholrespect misuse regulation (including, but not limited to, a worker's compensationyou, unemploymentyou compensation,are orineligible other proceeding relating to aparticipate benefitin sought by the employee).DOT
(i)Andrug employertesting shallprogram releaseeven informationif regardingyou acontinue coveredto employee'smeet records as directed by the specific,requirements written consent of theparagraph employee(a) authorizingor release(b) of thethis informationsection.
[65 toFR an79526, identified personDec. Release19, of2000, suchas informationamended isat permitted88 onlyFR in27643, accordanceMay with2, the2023; terms89 ofFR the51983, employee'sJune consent.21, 2024]
(a) As a drug testing laboratory located in the U.S., you are permitted to participate in DOT drug testing only if you are certified by HHS under the National Laboratory Certification Program (NLCP) for each specimen testing methodology performed under this part.
(b) As a drug testing laboratory located in Canada or Mexico which is not certified by HHS under the NLCP, you are permitted to participate in DOT drug testing only if:
(1) The DOT, based on a written recommendation from HHS, has approved your laboratory as meeting HHS laboratory certification standards or deemed your laboratory fully equivalent to a laboratory meeting HHS laboratory certification standards for all testing required under this part; or
(2) The DOT, based on a written recommendation from HHS, has recognized a Canadian or Mexican certifying organization as having equivalent laboratory certification standards and procedures to those of HHS, and the Canadian or Mexican certifying organization has certified your laboratory under those equivalent standards and procedures.
(c) As a laboratory participating in the DOT drug testing program, you must comply with the requirements of this part. You must also comply with all applicable requirements of HHS in testing DOT specimens, whether or not the HHS requirements are explicitly stated in this part.
(d) If DOT determines that you are in noncompliance with this part, you could be subject to PIE proceedings under Subpart R of this part. If the Department issues a PIE with respect to you, you are ineligible to participate in the DOT drug testing program even if you continue to meet the requirements of paragraph (a) or (b) of this section.
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27643, May 2, 2023; 89 FR 51983, June 21, 2024]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27643, May 2, 2023; 89 FR 51983, June 21, 2024]
- [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27643, May 2, 2023]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.