CFR-2025-title49-vol1-sec40-213 - § 40.210-40.213 Drug and Alcohol Testing Rules

Sep 4, 2026

Uploaded by Theodore

Regulations specify which drug and alcohol testing methods and personnel are permitted under DOT rules. Employers may collect either urine or oral fluid at the start of a testing event, but not both simultaneously, and may select a different specimen type if collection problems require a second collection. Drug testing is limited to urine and oral fluid specimens screened and confirmed at HHS-certified laboratories; point-of-collection urine, hair, and instant tests are not authorized. The document also defines authorized DOT alcohol testing personnel (STTs and BATs) and the training, qualification, and proficiency requirements for these roles.

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§ 40.210 What kinds of drug tests are permitted under the regulations?

§ 40.211 Who conducts DOT alcohol tests?

§ 40.213 What training requirements must STTs and BATs meet?

§ 40 .210 49 CFR Subtitle A (10–1–25 Edition) (10) Claims that the employee was improperly selected for testing. (11) The failure to use a new CCF fora second collection after an insufficient specimen was conducted under a different methodology (e.g. , failing to use a new CCF for an oral fluid test after an insufficient quantity of urine was produced on a urine test. ) (c) As an employer or service agent, these types of errors, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or action under Subpart R of this part. [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001; 75 FR 59108, Sept. 27, 2010; 88 FR 27649, May 2, 2023] § 40.210 What kinds of drug tests are permitted under the regulations? Both urine and oral fluid specimens are authorized for collection and testing under this part. An employer can use one or the other, but not both atthe beginning of the testing event. For example, if an employee is sent for a test, either a urine or oral fluid specimen can be collected, but not both simultaneously. However, if there is a problem in the collection that necessitates a second collection (e.g. , insufficient quantity of urine, temperature out of range, or insufficient saliva), then a different specimen type could be chosen by the employer (i.e. , through a standing order or a discussion with the collector) or its service agent (i.e. , if there is no standing order and the service agent cannot contact the DER) to complete the collection process for the testing event. Only urine and oral fluid specimens screened and confirmed at HHS-certified laboratories (see § 40 .81) are allowed for drug testing under this part. Point-of-collection (POC) urine, POC oral fluid drug testing, hair testing, or instant tests are not authorized. [88 FR 27649, May 2, 2023] Subpart J—Alcohol Testing Personnel § 40.211 Who conducts DOT alcohol tests? (a) Screening test technicians (STTs) and breath alcohol technicians (BATs) meeting their respective requirements of this subpart are the only people authorized to conduct DOT alcohol tests. (b) An STT can conduct only alcohol screening tests, but a BAT can conduct alcohol screening and confirmation tests. (c) As a BAT-or STT-qualified immediate supervisor of a particular employee, you may not act as the STT or BAT when that employee is tested, unless no other STT or BAT is available and DOT agency regulations do not prohibit you from doing so. § 40.213 What training requirements must STTs and BATs meet? To be permitted to act as a BAT or STT in the DOT alcohol testing program, you must meet each of the requirements of this section: (a) You must be knowledgeable about the alcohol testing procedures in this part and the current DOT guidance. Procedures and guidance are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE. , Washington, DC 20590, 202–366–3784, or on the ODAPC Web site, [http://](http://)[ ](http://)[www.transportation.gov/odapc](www.transportation.gov/odapc)) . You must keep current on any changes to these materials. You must subscribe to the ODAPC list-serve at ([https://](https://)[ ](https://)[www.transportation.gov/odapc/get-odapc](www.transportation.gov/odapc/get-odapc)email-updates) . (b) Qualification training. You must receive qualification training meeting the requirements of this paragraph (b) . (1) Qualification training must be in accordance with the DOT Model BATor STT Course, as applicable. The DOT Model Courses are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue, SE. , Washington DC, 20590, 202–366–3784, or on the ODAPC web site, [http://](http://)[ ](http://)[www.dot.gov/ost/dapc](www.dot.gov/ost/dapc)) . The training can also be provided using a course of instruction equivalent to the DOT Model Courses. On request, ODAPC will review BAT and STT instruction courses for equivalency. (2) Qualificat

FAQs

Which specimen types are authorized for DOT drug testing under this part?

Authorized specimen types are urine and oral fluid. Point-of-collection urine, point-of-collection oral fluid drug testing, hair testing, and instant tests are not authorized.

Can an employer collect both urine and oral fluid at the beginning of a DOT testing event?

No. The employer can use one or the other at the beginning of the testing event, but not both simultaneously.

What training and proficiency requirements must STTs and BATs meet?

Candidates must meet each requirement of § 40.213, including alcohol testing procedure knowledge, qualification training aligned to DOT model courses (or an equivalent course approved for equivalency), and an initial proficiency demonstration with consecutive error-free mock tests or error-free tests.

Sep 4, 2026

Uploaded by Theodore