Do DOT Drug Tests Check for Nicotine?

No. DOT drug tests do not check for nicotine. Under 49 CFR 40.82, laboratories test DOT specimens for five drugs or classes of drugs, marijuana metabolites, cocaine metabolites, amphetamines, opioids and phencyclidine (PCP), and "must not test 'DOT specimens' for any other drugs." Nicotine is not on that list, and it is not among the drugs named in the definition of drugs in 49 CFR 40.3. The only use of the word tobacco in Part 40 is in 49 CFR 40.72(a), where the collector checks the employee's mouth for items such as tobacco that could interfere with an oral fluid collection.

Apart from medical tests tied to a physical examination required by DOT agency regulations under 40.13(d), 49 CFR 40.13(c) bars any tests on DOT specimens other than those specifically authorized by Part 40 or DOT agency regulations, and gives the example that a DOT specimen must not be tested for additional drugs.

Any nicotine or tobacco test an employer runs is outside the DOT program. Under 40.13, such a non-DOT test:

• Is completely separate from the DOT test in all respects (40.13(a))
• Is conducted only after the DOT test is completed, with a separate urine void for a urine test (40.13(b))
• Does not use the Federal CCF (40.13(g))

Part 40 does not address whether an employer may test for nicotine under its own policy.

Learn Laws® offers Non-DOT Designated Employer Representative Training (DER), a course of about two hours for those who run a non-DOT drug and alcohol testing program under company policy and state law.

Many Drug Testing profiles in the MyDrugTesting.com directory name the specimen types a provider collects, such as Urine, Hair or Oral Fluid, in a Services section.