49 C.F.R. § 40.13

How do DOT drug and alcohol tests relate to non-DOT tests?

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(a) DOT tests must be completely separate from non-DOT tests in all respects.

(b) DOT tests must take priority and must be conducted and completed before a non-DOT test is begun. When conducting a urine DOT drug test, you must discard any excess urine left over from a DOT test and collect a separate urine void for the subsequent non-DOT test.

(c) Except as provided in paragraph (d) of this section, you must not perform any tests on DOT specimens other than those tests specifically authorized by this part or DOT agency regulations. For example, you must not test a DOT specimen for additional drugs. In addition, a laboratory is prohibited from making a DOT specimen available for a DNA test or other types of specimen identity testing.

(d) When a DOT urine drug test collection is conducted as part of a physical examination required by DOT agency regulations, it is permissible to conduct medical tests related to this physical examination (e.g., for glucose) on any specimen remaining in the collection container after the DOT portion has been sealed into the specimen bottles.

(e) A non-DOT drug or alcohol test administered, as part of a physical examination, is not a DOT drug or alcohol test for purposes of this part and/or related DOT agency drug and alcohol testing rules, if that test was performed to determine if an employee is medically qualified for a license or certificate. Consequently, the results of such a test do not have consequences under this part.

(f) No one is permitted to change or disregard the results of DOT tests based on the results of non-DOT tests. For example, as an employer you must not disregard a verified positive DOT drug test result because the employee presents a negative test result from a blood or urine specimen collected by the employee's physician or a DNA test result purporting to question the identity of the DOT specimen.

(g) As an employer, you must not use the CCF or the ATF in your non-DOT drug and alcohol testing programs. This prohibition includes the use of the DOT forms with references to DOT programs and agencies crossed out. You also must always use the CCF and ATF for all your DOT-mandated drug and alcohol tests.

(h) No one is permitted to conduct a DOT drug or alcohol test on an individual who is not a DOT-regulated employee, as defined by the DOT agency regulations.

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27637, May 2, 2023]

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2012–2025 · leading case: Grimsrud v. Dep't of Transp., 902 F.3d 1364 (Fed. Cir. 2018).

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Grimsrud v. Dep't of Transp., 902 F.3d 1364 (Fed. Cir. 2018). · cites it 3× “49 C.F.R. § 40.13 (c) ("[A] laboratory is prohibited from making a DOT urine specimen available for a DNA test or other types of specimen identity testing.”

Swaters v. United States Dep't of Transp., 826 F.3d 507 (D.C. Cir. 2016). · cites it 2× “Because the purpose of the request was to conduct DNA testing on the sample, Bechdolt explained, there was little she could do in light of the DoT’s “long-standing position,” codified in 49 C.F.R. § 40.13 , against “allowing] DNA testing on DoT specimens.”

Quest Diagnostics Inc. v. Swaters, 94 So. 3d 635 (Fla. 4th DCA 2012). “49 CFR § 40.13 (c) provides: (c) Except as provided in paragraph (d) of this section, you must not perform any tests on DOT urine or breath specimens other than those specifically authorized by this part or DOT agency regulations.”

Tilson v. DISA, INC. (M.D. La. 2019). · cites it 2× “Summary judgment as to those claims is GRANTED. 2. HHS Regulations DISA contends that it is entitled to summary judgment on Plaintiffs’ HHS claims.”

Danzy v. CSX Transp., Inc. (E.D.N.C. 2025). · cites it 2× “12 See 49 C.F.R. § 40.13 (“How do DOT drug and alcohol tests relate to non-DOT tests?”).”

Kelly v. North Am. Cent./Wisconsin Cent. (E.D. Wis. 2022). “303 (indicating DOT does not require post-accident drug testing of drivers under circumstances like Kelly’s); 49 C.F.R. §40.13 (“DOT tests must be completely separate from non-DOT tests in all respects.”

Moreno v. ODACS, Inc., 2014 Ohio 5007 (Ohio Ct. App. 2014). “” 49 C.F.R. 40.13(c). The regulations also state that if a laboratory is ordered by a court to release a urine specimen contrary to the regulations, the laboratory is required to “take necessary legal steps to contest the issuance of the order (e.”

— 49 C.F.R. § 40.13(c) — 1 case

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