Differences Between DOT and non-DOT drug testing?

It appears that all drug testing is similar, but there are key differences in the process and protocol between DOT and non-DOT testing.

The DOT test, often referred to as the 5-panel test, includes marijuana (THC), cocaine, phencyclidine (PCP), amphetamines, and the recently expanded list of opioids. DOT employers are free to test other drugs, but these tests must be separate from DOT testing. Of course, non-DOT employers can choose any number of panels, and many choose to test for some of the most commonly abused prescription drugs, as well as others not covered by the typical 5-panel test. Tests are typically available from 4 panel tests to a comprehensive 12 panel test.

Test Type
Drug testing is done for a number of reasons, with tightly controlled regulations for DOT-covered employers:
Random test
Depending on the particular agency managing

your workplace, 25-50% of employees will need to be randomly tested. Note that some agencies, including the Federal Transportation Administration (FTA) and the United States Coast Guard (USCG), recently changed their tax rates from 25% to 50%.
Tests before employment
Negative results must be present before an employee begins work in a security-sensitive position.
Posttest
This type of test is very narrowly defined and is typically applied when an employee is involved.
Justified Doubt Test
This cannot be based on hunches or guesses, but must be based on the manager’s observation of acute signs such as behavior, words or appearance. (For more information, see What constitutes reasonable suspicion? Find out the criteria for workplace drug testing).
rework test
DOT employees who fail a drug test must undergo a return-to-work test before returning to security-sensitive positions. They also underwent at least six random tests during the first year after returning to work. Workplace Substance Abuse Specialists (SAPs) may prescribe additional random testing.
Follow-up Examination
DOT employees in security-sensitive positions are subject to a follow-up drug test for up to five years, at SAP’s discretion, after a positive drug test result.
Non-Outlet Employer Test
For non-DOT employers, the rules are generally more flexible and are primarily governed by state and local laws, the Americans with Disabilities Act (ADA), and your company policies. For example, reasonable suspicion may be based on acute and ongoing signs and patterns of drug use, and new employees may be tested at any time during their first 30 days of employment. It is critical that every decision you make applies equally to all employees. For example, random tests must be truly random. You cannot run random tests on a specific worker.
Test Sample
The DOT drug test is a rigorous urine test. While a DOT breathalyzer can be a breath test or a saliva test, a confirmatory alcohol test must be performed using an approved breathalyzer called a probative breathalyzer. Non-DOT testing can include different types of samples: saliva, hair, sweat, urine, and breath.
Unauthorized Testing
While non-DOT tests can be used for a variety of purposes, by law, DOT tests must be used for the specific purpose become who they are meant to be. For example, while non-DOT drug tests can be used to test for DNA, DOT drug tests cannot.
Test Certificate
Laboratories used for DOT drug testing must be accredited by the Substance Abuse and Mental Health Services Administration (SAMHSA). DOT drug testing labs are not necessarily accredited to perform non-DOT drug testing. The non-DOT laboratory is accredited by the Society of American Pathologists and the Clinical Laboratory Improvement Act. DOT drug testing also requires employees to have a Designated Employer Representative (DER) to receive results and make decisions about testing and removing employees from safety-sensitive positions. Substance abuse professionals (SAPs) must also make decisions about education and return to work, including decisions about retesting. Non-DOT employers are not required to have DER or SAP. A Medical Review Officer (MRO) reviews all positive DOT tests and may request additional medical information from employees, including prescription confirmation. While not a federally required non-DOT test, MRO is required by many states and is often a good idea for liability purposes.
Chain of Custody Form
DOT drug testing requires specific Chain of Custody Forms (CCFs) and Alcohol Testing Forms (ATFs) to ensure proper administration of the test and to track test progress. Non-DOT testing is not permitted to use these forms, but you must still trace the Chain of Custody with non-DOT drug testing.
Positive Test Result
While it is up to the employer to decide what to do with a positive non-DOT drug test, DOT-covered employees who confirm a positive test must be immediately removed from all safety-sensitive positions and strict protocols must be in place regarding be present on recovery and follow-up visits. It’s important to remember that non-DOT employers should ensure they apply consequences fairly and consistently and are consistent with their established workplace drug testing policies.
Drug Testing Policy
While non-DOT employers have a lot of leeway in their drug testing programs, they also lack the inherent protections offered by more stringent DOT regulations. This means that non-DOT employers should develop clear and comprehensive policies around their drug testing programs, covering everything from drug education to the consequences of a positive drug test. Equally important, these policies are written in accordance with all applicable federal, state, and local laws.
Mixed Workplace
If your company has both DOT and non-DOT covered employees, or if you choose to have drug or alcohol testing outside of DOT requirements, here’s what you need to know:
• DOT and non-DOT testing must be performed separately in all areas
• DOT testing always takes precedence and must be completed before non-DOT testing
• The rest of the DOT test must not be used for non-DOT tests, new samples must be taken
• DOT tests provide final results independent of the results of subsequent non-DOT tests