What Is a Non-DOT Alcohol Test?
A non-DOT alcohol test is an alcohol test that is not required by U.S. Department of Transportation rules. Federal rule 49 CFR 40.13 says DOT tests must be completely separate from non-DOT tests in all respects, so an employer's own test follows company policy and state law, not the DOT process.
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How it differs from a DOT test
DOT alcohol testing is set by 49 CFR Part 40 plus the rules of each DOT agency. A non-DOT test is anything an employer does outside those rules, such as a test required by company policy.
Section 40.13 says DOT tests must be “completely separate from non-DOT tests in all respects.” If both are needed, the DOT test takes priority and must be finished before the non-DOT test begins.
Forms
Employers, breath alcohol technicians and screening test technicians may not use the DOT Alcohol Testing Form (ATF) for non-DOT alcohol tests. They also may not use non-DOT forms for DOT tests. Doing either can lead to enforcement action under DOT agency regulations (49 CFR 40.227).
Results and consequences
Under Part 40, a DOT result of 0.04 or higher means the employer must immediately remove the employee from safety-sensitive duties. A result of 0.02 to 0.039 means temporary removal, as set out in the DOT agency regulations that apply to that job.
Those numbers belong to DOT tests. On the pages we read, we found no federal rule that sets cutoffs or penalties for non-DOT tests. Those depend on the employer’s written policy and on state law.
Part 40 also says nobody may change or disregard a DOT result based on a non-DOT result. If you are unsure which kind of test you were given, ask your employer or HR office, or a lawyer if your job is at stake.
People also ask
What is the difference between a DOT and a non-DOT alcohol test?
A DOT test is required by DOT rules and follows 49 CFR Part 40. A non-DOT test is the employer's own test, and DOT tests must be kept completely separate from it (49 CFR 40.13).
Can an employer use the DOT form for a non-DOT test?
No. 49 CFR 40.227 bars employers and testers from using the DOT Alcohol Testing Form for non-DOT alcohol tests.
Are the 0.02 and 0.04 limits used for non-DOT tests?
Those limits are described in Part 40 for DOT tests. We found no federal rule setting non-DOT limits; they come from employer policy and state law.
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