The following FAQs are from the Department of Transportation's resource section. They are included for your convenience and reference.
For more answers go to http://www.dot.gov/odapc/faq
The following are some of the questions the Office for Drug and Alcohol Policy and Compliance (ODAPC) has received which did not require an interpretation but rather a general response. As such, the ODAPC staff thought that those subject to Department of Transportation (DOT) testing would benefit from the responses already provided.
These responses do not substitute for the regulations found in 49 CFR Part 40 or any other DOT agency or United States Coast Guard (USCG) specific regulation. If you have a question about the DOT drug and alcohol testing program rules, read the regulatory text.
The Department's regulations are silent on who is responsible for paying for the testing or SAP recommended treatment/education. Payment may be based an understanding between the employer and employee, including applicants for safety-sensitive positions.
An employer may not, however, refrain from sending a "split specimen" for testing because the employee does not pay for the test in advance.
49 CFR Part 40 (commonly referred to as "Part 40") states:
The DOT Agency and the USCG specific regulations state:
The DOT Agencies and the USCG incorporate Part 40 into their regulations and enforce compliance of all their respective regulations.
Section 391.41(b)(12) states: A person is physically qualified to drive a CMV if that person does not use a controlled substance identified in 21 CFR 1308.11, Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. Exception: A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who is familiar with the driver’s medical history and assigned duties; and has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a CMV. This exception does not apply to methadone.
Medical Examiners are required to give careful consideration to the effects of medications on a driver’s ability to operate a CMV safely before rendering the driver qualified.
For information on specific drugs and CMV driver qualification, please visit the Federal Motor Carrier Safety Administration's Medical Program website. Questions about the effects of many drugs and driver qualification are answered in the Frequently Asked Questions (FAQs) section. You may also e-mail your questions to the Physical Qualifications Division firstname.lastname@example.org or call and ask for a Specialist on (202) 366-4001.