DOT breath alcohol testing guide for employers and safety managers

DOT testing rules apply to employees in safety-sensitive positions regulated by the operating agencies of the Department of Transportation. That includes commercial motor vehicle drivers who need a CDL under FMCSA rules, as well as covered workers in aviation, rail, transit, pipeline and maritime operations. Each agency has its own rule describing who is covered and when tests are required, while 49 CFR Part 40 sets the common procedures every regulated test must follow.

Typical reasons for a test include post-accident, reasonable suspicion, random selection, return to duty and follow-up. Pre-employment alcohol testing is permitted in some modes but handled differently from drug testing, so check your agency's rule. The authoritative sources are the DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) and, for motor carriers, the Federal Motor Carrier Safety Administration (FMCSA). Both publish the regulations, guidance and frequently asked questions online.

Construction firms, warehouses, manufacturers, sober living houses and many other employers test outside DOT rules. Here the employer writes the policy, within state law and any union agreement. A clear written policy usually covers who is tested and when, the cut off level the company uses, the device and procedure, who runs the test, what happens after a positive result, and how records are stored.

Many non-DOT employers borrow the DOT structure because it is well understood and defensible, for example a screening test followed by a confirmation on a more capable device. State laws on workplace testing differ widely, and some limit random testing or require specific notice to staff, so review your policy with employment counsel before you start. Our article on breath alcohol screening for employers covers the practical side of setting one up.

The right equipment depends on whether your tests fall under DOT rules and how many people you test.

• Screening or evidential. For DOT screening you can use an approved screening device or an evidential breath tester, but confirmations always need an evidential tester. Many smaller employers use a third party testing site for confirmations and keep screening devices in house.
• Federal lists. For DOT work, confirm the device appears on the relevant NHTSA conforming products list before you buy, and keep its quality assurance plan on file.
• Calibration logs. Professional devices need regular accuracy checks and calibration, often with dry gas standards. Budget for gas, the time of the person running checks and a written log. Our guide to calibrating a breathalyzer explains the methods.
• Mouthpieces and hygiene. Individually wrapped single use mouthpieces protect staff and keep samples consistent. Our page on breathalyzer mouthpieces covers compatibility.
• Records and printing. Devices that store results, print them or export them make audits and disputes easier.
• Total cost of ownership. Look past the purchase price to calibration, sensor life, consumables, training and downtime when a unit is away for service.

For screening at a shift start or site entrance, a wall mounted breathalyzer gives a fixed, supervised station. For handheld screening, start with our professional breathalyzer category and our review of the bactrack trace professional breathalyzer.

Breath test results are sensitive personal information. Limit access to the people who need it, store records securely and keep them only as long as your rules or policy require. Explain the program to staff in writing before testing starts, obtain acknowledgments where your policy or state law calls for them, and apply the rules the same way to everyone in the same role. Test in a private area, and give the employee a copy of the result. DOT rules contain their own confidentiality requirements for regulated tests, so follow those exactly. For anything specific to your state or workforce, consult employment counsel.