49 C.F.R. § 40.1
Who does this regulation cover?
(a) This part tells all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use.
(b) This part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents.
(c) Nothing in this part is intended to supersede or conflict with the implementation of the Federal Railroad Administration's post-accident testing program (see 49 CFR 219.200).
Notes of Decisions
Cited in 25
cases (2 in the last 5 years), 1992–2025 · leading case: Mission Petroleum Carriers, Inc. v. Solomon, 106 S.W.3d 705 (Tex. 2003).
Mission Petroleum Carriers, Inc. v. Solomon, 106 S.W.3d 705 (Tex. 2003). “See 49 C.F.R. §§ 40.1 -.39, 382.305 (1996). [2] As authorized by these regulations, Mission used its own employees to collect the drivers' urine samples for testing by outside laboratories.”
Phillips v. Quality Terminal Servs., LLC, 855 F. Supp. 2d 764 (N.D. Ill. 2012). “Here, Plaintiff contends that 49 C.F.R. § 40.1 et seq. defined QTS’s duty of care.”
Barbuto v. Advantage Sales & Mktg., LLC, 78 N.E.3d 37 (Mass. 2017). “See 49 C.F.R. §§ 40.1 (b), 40.11(a) (2001). See also United States Department of Transportation, DOT “Medical Marijuana” Notice (updated June 20, 2017), https://www.”
S. California Gas Co. v. Util. Workers Union of Am., Local 132, Afl-Cio, 265 F.3d 787 (9th Cir. 2001). “49 C.F.R. §§ 40.1 — 40.39. Employers are responsible for compliance by their officers, employees, agents, consortia and/or contractors.”
Kindernay v. Hillsboro Area Hosp., 851 N.E.2d 866 (Ill. App. Ct. 2006). “On June 7, 2002, the plaintiff filed a complaint in the circuit court of Montgomery County, alleging that she suffered lost wages and emotional distress due to the defendant’s failure to administer her drug test in accordance with the United States Department of Transportation…”
UGI Utils., Inc. v. Unemployment Comp. Bd. of Review, 851 A.2d 240 (Pa. Commw. Ct. 2004). “See 49 C.F.R. §§ 40.1 — 40.413 (2004). 4 . DOT regulations require a testing laboratory to use this form to document the chain of custody of the specimen within the lab.”
Davis v. Lewis, 376 F. Supp. 3d 629 (E.D.N.C. 2019). “" 49 C.F.R. § 40.1 (a). It also provides "[t]his part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents.”
Burton v. Southwood Door Co., Mea, Inc., 305 F. Supp. 2d 629 (S.D. Miss. 2003). “305 , and also require that the drug testing procedures comply with the scientific and technical procedures set forth in the DHHS Procedures for Transportation Workplace Drug and Alcohol Testing Programs regulations, 49 C.F.R. § 40.1 et seq., see 49 C.F.R. § 382.”
Matter of Harold (Commr. of Labor), 133 A.D.3d 1069 (N.Y. App. Div. 2015). “While some indicia of control by Leonard was mandated by federal regulations (see 49 USC §§ 13906 , 14102 [a] [3]; 49 CFR 40.1 et seq., 376.12 [b], [c] [1], [4]; [d]-[f], [h]-[k]; 382.”
Rector v. LabOne, Inc., 208 F. Supp. 2d 987 (E.D. Ark. 2002). “The regulations also require that the drug testing procedures comply with the scientific and technical procedures set forth in the DHHS Procedures for Transportation Workplace Drug and Alcohol Testing Programs regulations, 49 C.F.R. § 40.1 et seq. See 49 C.F.R. § 382.”
Hall v. United Labs, Inc., 31 F. Supp. 2d 1039 (N.D. Ohio 1998). “” 49 C.F.R. § 40.1 (emphasis added). Therefore, Plaintiffs has failed to identify a duty owed to him by Defendants, and, consequently, his negligence claim must be dismissed as a matter of law.”
Exxon Shipping Co. v. Exxon Seamen's Union, 788 F. Supp. 829 (D.N.J. 1992). “§ 121 , Appendix I (1991); Procedures for Transportation Workplace Drug Testing Programs, 49 C.F.R. § 40.1 (1991) (Dep’t of Transp.”
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