Can an Instant Drug Test Be Used for a DOT Drug Test?

No. An instant drug test cannot be used for a DOT drug test. Under 49 CFR 40.210, only urine and oral fluid specimens screened and confirmed at HHS-certified laboratories are allowed for DOT drug testing, and point-of-collection (POC) urine tests, POC oral fluid tests, hair testing and instant tests "are not authorized."

Under 49 CFR 40.81(a), a drug testing laboratory located in the U.S. may take part in DOT drug testing only if HHS certifies it under the National Laboratory Certification Program (NLCP) for each specimen testing methodology it performs. The DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) adds on its laboratories page that HHS-certified Instrumented Initial Testing Facilities are not authorized for use in the DOT drug testing program.

An employer that also uses instant tests under its own non-DOT policy keeps them apart from DOT testing. Under 49 CFR 40.13:

• DOT tests are completely separate from non-DOT tests in all respects (40.13(a))
• The DOT test takes priority and is completed before a non-DOT test begins, and for a urine DOT test any excess urine is discarded and a separate void is collected for the non-DOT test (40.13(b))
• No one may change or disregard the results of DOT tests based on the results of non-DOT tests (40.13(f))
• The Federal CCF is not used in non-DOT testing programs (40.13(g))

Learn Laws® offers Non-DOT Urine Specimen Collector Training, an online non-DOT urine collector course on collect-only tests, instant rapid-dip panels, chain of custody, state law and live virtual mock collections.

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