Go Ahead ... Ask

October 2017

“I employ truck drivers who are covered under the Department of Transportation’s (DOT’s) drug and alcohol regulations. I also hire workers who are not covered by DOT. Can I just have one drug-free workplace policy that covers everyone or do I need two?”

We recommend you keep them separate. Granted, there are many similarities between DOT and non-DOT drug-free programs – e.g., the type of testing you’ll do, what constitutes a positive drug and/or alcohol test and general statements about the company’s commitment to safety and productivity. BUT there are some MAJOR differences between the two that make operating your programs difficult if everything is combined into one document.

To name a few:

	DOT Program	Non-DOT Program
Accident Definition	Very narrow and applicable primarily to driving situations	Applicable for both driving and non-driving situations
Tested Drugs	Only permitted to test for 5 specific drugs	Tests typically look for more than 5 drugs, including the more widely abused prescription medications
Random Testing	25% for drugs and 10% for alcohol	Drugs only, at whatever percentage suits your individual needs or mandated by another authority (i.e., BWC’s Drug-Free Safety Program)
Reasonable Suspicion	Can only be based on acute signs and symptoms (i.e., here and now )	Can be based on acute and long-term signs and symptoms
Testing for New Employees	Result must be received before driver can start (i.e., pre-employment)	Can be more flexible to test within the new-hire period (e.g., first 30 days of employment)

Because of these and several other differences, having one policy can cause confusion – particularly to supervisors who are responsible for implementing the program. When an alcohol/drug situation arises with a CDL, you must first to refer to the DOT policy (i.e., complying with federal law first), and then to refer to your non-DOT policy to pick-up where DOT leaves off or is silent. When there’s duplication (e.g., if you have random drug testing in both policies), you may choose to apply only the DOT policy and forego testing under both.

Effectively blending your DOT and non-DOT programs does not need to be difficult, but it’s imperative that you have a clear and legally-sensitive game plan. Contact a team member at Working Partners® to learn more.