Dot safety sensitive position definition Covered employees also include supervisors who possess a Commercial Driver’s Because of the safety-sensitive nature of the job, the DOT mandates these safety-sensitive employees to comply with substance abuse-free rules in the performance of their duties. In either case you could lose your job. The first step in this process is a May 2, 2025 · 1. Note: The Department of Transportation (DOT) and Federal Aviation Administration (FAA) drug and alcohol testing regulations (49 CFR part 40 and 14 CFR part 120) require specific steps to take when hiring any individual for or transferring any employee into a safety-sensitive position. 49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return Aug 29, 2023 · Part 40 DOT - Summary of Changes; Part 40 DOT - CCF Notice; Part 40 DOT - Policies Notice : November, 2017: ODAPC Random Testing Rates : HTML May, 2023: Note: The Office of Drug & Alcohol Policy & Compliance (ODAPC) maintains the following related pages: 49 CFR Part 40 and related Questions and Answers Employees Covered Under DOT Testing Regulation 49 CFR Part 40 Federal Motor Carrier Safety Administration (FMCSA) 49 CFR Part 382 Covered employee: A person who operates (i. 49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return In today’s world, companies across industries like transportation, construction, healthcare, and energy need to define “safety-sensitive positions”. 215. The act requires drug and alcohol testing of all safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation industries. Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i. Dec 13, 2024 · For example, the Department of Transportation (DOT) has specific guidelines for safety-sensitive roles in industries like aviation, railroads, and trucking. Employers are responsible for developing and implementing successful DOT workplace drug and alcohol programs that have as their components clear policies, provisions for education and training, drug and alcohol testing, and when needed, referral for Oct 18, 2023 · What Constitutes a Safety-Sensitive Position? A safety-sensitive position refers to a job where an employee’s performance directly affects the safety of themselves or others, including roles where inadequate task performance or failure to perform could lead to safety incidents. 953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. 31, 2023). FTA has provided clear direction when addressing this category of employee, stating call-taking, scheduling, and assigning routes are not considered safety-sensitive functions. It is one where the employee is expected to operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL). Nov 22, 2022 · The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 5T of this subchapter, and § 40. Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's Jan 17, 2025 · Contact Us. com Feb 26, 2025 · Safety-sensitive positions can be classified in US Department of Transportation (DOT) workplace settings and non-DOT workplace settings. These roles often require precision, alertness, and adherence to strict safety protocols. Jun 26, 2023 · It is the employer, rather than you, who must decide whether to put the employee back to work in a safety-sensitive position. Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 866. Drug and alcohol testing. So, these positions must take part in the federal drug testing program. Some of the safety-sensitive positions that our team at CannAmm tests for are: Jul 29, 2024 · Simply put, a position that is considered safety-sensitive indicates that there could be an increased chance of danger associated with that job. (b) You must request the information listed in this paragraph (b) from DOT-regulated employers Safety sensitive position is a job or position where the employee holding this position has the responsibility for his/her own safety or other people's safety. to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. For Non-DOT it will up to the company drug free workplace policy. Another part of FAA drug testing that is specific to FAA-regulated companies is the list of safety-sensitive positions. Performing (a safety-sensitive function) means a covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform Oct 1, 2021 · The Department of Transportation (DOT) defines a safety-sensitive employee as someone in a position that can impact both their own safety and the safety of the public. Multimodal Coverage An employer may use a contract employee who is not included under that employer's FAA-mandated drug and alcohol testing program to perform a safety-sensitive function only if that contract employee is included under the contractor's FAA-mandated drug and alcohol testing program and is performing a safety-sensitive function on behalf of that Dec 2, 2024 · Before finalizing your safety-sensitive definition, verify the applicable state law and/or federal regulations to ensure that you are in compliance. That goes for your random testing pools, too. Performing (a safety-sensitive function) means a covered employee is considered to be performing a safety- May 13, 2021 · The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT Agencies to implement drug and alcohol testing of safety-sensitive transportation employees. See full list on drugfreebiz. Dist, LEXIS 16187 (W. To be considered safety-sensitive, the employer must be able to prove that impaired performance in the position would significantly impact the employee’s safety and the safety Subd. Sep 26, 2024 · What steps must I take to return to the performance of safety-sensitive functions after I violated the FAA's drug and alcohol testing regulation? I tested positive for marijuana on a DOT/FAA drug test, but recreational use of marijuana is legal in my state. 4:22-cv-04076, 2023 U. 3 of this title, except as provided in this section— . perform a safety-sensitive function, but instead oversee an employee who does. 1. The DOT defines a safety-sensitive worker as someone who holds a job that can impact both their own safety and the safety of the public. Safety-sensitive functions shall include: (1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; (2) All time inspecting equipment as required by §§ 392. Department of Transportation. This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i. 105 and 120. What is a Safety-Sensitive Function? A “safety-sensitive function” refers to all time from the point a driver begins to work or is required to be ready to work until the time he or she is relieved from work and all responsibilities for performing work. Remember your DOT testing program must always be separate and distinct from your private company or non-DOT testing program. 02 prior to performance of safety-sensitive functions. What is a safety-sensitive task? Those classified as performing safety-sensitive tasks as defined by the US Department of Transportation (DOT) include pipelines Aug 17, 2019 · FAA Safety-Sensitive Positions. For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, "Safety-sensitive functions" are tasks performed by CMV drivers that are applicable to prohibited conduct, testing, and consequences under these alcohol and drug testing regulations. D. CFI is generally not a DOT required drug testing position. May 16, 2023 · Under the Amendment, a safety-sensitive job could be any position so designated by an employer. Jun 5, 2023 · This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" mean analysis of a body component sample according to the standards established under one of the programs listed in section 181. E. Effective Drug and Alcohol Testing: Employees in safety-sensitive positions are often subject to more stringent drug and alcohol testing policies. The extent of an employer’s ability to designate a job as safety-sensitive was recently examined in the case Prinsen v. safety-sensitive function, what type of alcohol test must be conducted first? An on-call employee in this situation must take a DOT pre-employment alcohol test with an alcohol concentration of less than 0. An employee in a safety-sensitive role is not just accountable for their own well-being but also for the safety of their colleagues and even the wider community in specific situations or roles. A safety-sensitive employee means a person, including an applicant, transferee, or volunteer who performs or will perform a safety-sensitive function on a regular or occasional basis. The term includes jobs where performing a task poorly or failure to perform it at all could result in a safety incident. Employees are covered only if they perform a safety-sensitive function, which includes: operating revenue service vehicle, even when not in revenue service; operating a non-revenue service vehicle requiring a CDL; controlling dispatch or movement of a revenue service vehicle; maintaining (including repairs Sep 9, 2022 · Moreover, a safety sensitive position is categorized as one where incapacity due to drug or alcohol impairment can put a worker or others at risk of harm. Safety-sensitive functions include: DOT safety-sensitive duties or DOT-safety sensitive functions means functions or duties designated by a DOT agency, the performance of which makes an individual subject to the drug testing and/or alcohol testing requirements of that DOT agency. Jan 10, 2025 · A safety-sensitive position is defined as a role in which an individual’s actions, decisions, or errors have the potential to impact the safety of others, the environment, or the operation itself. Why is the Designation of a Position as Safety-Sensitive Important? The most talked about reason for designating positions as safety-sensitive is due to medical and/or recreational marijuana laws. Only DOT safety-sensitive employees may be part of the DOT random pool or pools. An employee, including any assistant, helper or individual in a training status, who performs a Feb 3, 2019 · A safety-sensitive position is a job or work duty in which an employee’s performance of the job impacts the safety of themselves or others. Driver activities that fall under this definition include:Waiting to be di May 7, 2019 · Some states provide only vague language, such as “unless the employee/applicant is in a safety-sensitive position the employer cannot take action based on a medical marijuana cardholders’ positive test for THC metabolites. The safety-sensitive nature of work, while temporary employee transfers into a safety-sensitive position). Jul 31, 2024 · The Omnibus Transportation Employee Testing Act of 1991 is the most important piece of federal legislation affecting safety-sensitive industries. S. The definition of “safety-sensitive” roles varies by mode. See table 2. Drug-only TDPs. For example, some supervisors with a Commercial Driver’s License (CDL) may be considered safety-sensitive—even if they rarely or never drive. rug and alcohol TDPs. 8 of this subchapter or otherwise Performing (a safety-sensitive function) means a covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. Office of Drug & Alcohol Policy & Compliance. Mechanics can be a gray area. , No. Jan 1, 2020 · U. CHECKLIST: New Hire/Transfer for Safety-Sensitive Position . Jul 19, 2010 · individual who is hired, either directly or by contract, or transferred into a position to perform a safety-sensitive function for an employer. ” This definition would include those employees who perform safety-sensitive functions on a temporary or short-term basis. Apr 13, 2023 · The Federal Motor Carrier Safety Administration (FMCSA) clearly defines a safety-sensitive position. Defining safety-sensitive positions can be helpful for compliance with some states’ laws, particularly regarding marijuana testing and nonregulated random testing. If you were doing sight seeing tours in accordance with regulations, that would be a DOT regulated position (required drug testing). (d) As the employer, if a SAP who is otherwise fully qualified under this subpart performed a remote evaluation of the employee outside the geographic jurisdiction for their credential(s), the employee who they evaluated to be performing a safety-sensitive function any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. Pursuant to implementing regulations promulgated by the United States Department of Transportation ( DOT) agencies occupational title. (2) Who a State must waive from the requirements of part 383 of this subchapter. Only these drivers can be placed in the motor carrier’s DOT drug and alcohol testing program under 49 CFR Safety-sensitive position means any position, including a supervisory or management position in which a drug impairment would constitute an immediate and direct threat to public health or safety, including but not limited to mechanics. 2. The US Department of Transportation provides a complete set of regulations for safety-sensitive positions, but who is subjected under DOT guidelines — let’s explore DOT-covered employees. Jan. Will my test be cancelled? My employer told me that I refused to test. 5. DOT safety-sensitive duties or DOT-safety sensitive functions means functions or duties designated by a DOT agency, the performance of which makes an individual subject to the drug testing and/or alcohol testing requirements of that DOT agency. , a new hire, an employee transferring into a safety-sensitive position). In the Federal Motor Carrier Safety Administration (FMCSA), safety-sensitive employees include truck drivers operating commercial These positions require the highest degree of trust and confidence. But I didn't. safety sensitive function for such recipient or other entity. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear For all other purposes of this part, this term means: only the Commercial Driver's License (CDL) number and State of issuance for drivers tested under the authority of the Federal Motor Carrier Safety Administration (FMCSA); and, for all drivers and other safety-sensitive employees tested under the authority of the other DOT agencies, this can Congress enacted the Omnibus Transportation Employee Testing Act of 1991 to require transportation industry employers throughout the United States to test employees who perform safety-sensitive functions for drug and alcohol use. Safety-Sensitive Positions and Covered Employees. e. If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions. It would be particularly dangerous if such an employee is using drugs or alcohol while on job. (a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. 7 and 392. Misclassifying or not clearly defining these roles can lead to serious problems, including legal issues, compliance violations, and safety risks. It really references certain positions, GSC is one example (ground security coordinator). Jan 27, 2022 · Requirements While Not Performing Safety-Sensitive Functions: A CDL driver is selected for a random drug test and the employer directs the driver to be tested when he was (off duty) not performing a safety-sensitive function. Ark. O. Domtar Paper Co. This category also excludes functions performed by operations supervisors, such as day-to-day Words or phrases used in this part are defined in §§ 386. Mar 28, 2025 · Learn how to define safety-sensitive positions and stay compliant with DOT and state drug testing laws in regulated and non-regulated industries. 835. Safety sensitive positions often involve jobs working with heavy machinery, vehicles, or hazardous materials. 3. gov Phone: 202-366-3784 Alt Phone: 800-225-3784 Jun 6, 2024 · Covered employee: A person who performs flight crewmember duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties; ground security coordinator duties; aviation screening duties; air traffic control duties, and operations control specialist duties. DOT and non-DOT random testing pools must be completely separate. Employees whose position require access to Confidential, Secret, Top Secret information are included as TDPs regardless of their organization or occupation. Definition of Safety Sensitive Employees a. Each DOT mode defines safety-sensitive positions differently, which determines who must undergo drug and alcohol testing and what training they might receive. This term includes subrecipients, operators, and contractors. The employee must before returning to the DOT covered safety sensitive position complete the SAP process FTA means the Federal Transit Administration, an agency of the U. Definitions of Safety-Sensitive Positions. Mar 17, 2022 · Failing or refusing a drug test is a violation of company policy and if a DOT test a violation of the DOT regulations. Email: ODAPCWebMail@dot. 12564 requires drug testing of safety- and security-sensitive positions in DOT. § 655. The most common safety-sensitive positions include: Drivers Oct 5, 2021 · As employers grapple with evolving marijuana laws and their impact on the workplace, they should note that many states that provide employment protections for cannabis users have exceptions for Apr 22, 2025 · Key Differences Across DOT Modes. To clarify, a safety-sensitive position is any position that has functions that may affect public safety. 5322 (866-TELL-FAA) Contact Us Jun 1, 2023 · Safety is the number one priority in the transportation industry, and DOT-covered agencies and employees are at the forefront of ensuring it. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Sep 15, 2015 · The Department of Transportation (DOT) mandates that all individuals employed in safety-sensitive positions within the transportation industry are subject to workplace drug and alcohol testing. FTA means the Federal Transit Administration, an agency of the U. , drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or. Dec 15, 2020 · A safety-sensitive function is defined as the time from when an individual begins work or is required to be ready for work until the time that individual is relieved from all work and all responsibilities for performing work. 41 Pre-employment drug testing. Apr 29, 2024 · Simply holding a CDL does not require inclusion in an FTA drug and alcohol program. 2 and 390. 1 for a complete description of the various safety-sensitive functions. ”Others provide exhaustive lists of which positions qualify as safety-sensitive for the purpose of testing. For purposes of this part, regulated service has been designated by FRA as a DOT safety-sensitive Feb 18, 2015 · Substance Abuse Professional Process (SAP) – When an employee refuses to test or tests positive on a DOT drug or alcohol test must be immediately removed from a DOT covered safety sensitive position and given a list of qualified SAPs. Jan 17, 2025 · Employers of safety-sensitive transportation employees play a vital role in ensuring the safety of their employees and the traveling public. For DOT besides the company policy consequence, you will be removed from your DOT safety sensitive position. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer. The safety-sensitive functions are listed under 14 CFR §§ 120. fanvyk tuwzu rytk veajcl azdrc stts mkuzl kzkwqf ivwpy xjugg