C.F.R. » Title 49 » PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS › Subpart F—Drug Testing Laboratories

49 C.F.R. § 40.81

What laboratories may be used for DOT drug testing?

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(a) As a drug testing laboratory located in the U.S., you are permitted to participate in DOT drug testing only if you are certified by HHS under the National Laboratory Certification Program (NLCP) for each specimen testing methodology performed under this part.

(b) As a drug testing laboratory located in Canada or Mexico which is not certified by HHS under the NLCP, you are permitted to participate in DOT drug testing only if:

(1) The DOT, based on a written recommendation from HHS, has approved your laboratory as meeting HHS laboratory certification standards or deemed your laboratory fully equivalent to a laboratory meeting HHS laboratory certification standards for all testing required under this part; or

(2) The DOT, based on a written recommendation from HHS, has recognized a Canadian or Mexican certifying organization as having equivalent laboratory certification standards and procedures to those of HHS, and the Canadian or Mexican certifying organization has certified your laboratory under those equivalent standards and procedures.

(c) As a laboratory participating in the DOT drug testing program, you must comply with the requirements of this part. You must also comply with all applicable requirements of HHS in testing DOT specimens, whether or not the HHS requirements are explicitly stated in this part.

(d) If DOT determines that you are in noncompliance with this part, you could be subject to PIE proceedings under Subpart R of this part. If the Department issues a PIE with respect to you, you are ineligible to participate in the DOT drug testing program even if you continue to meet the requirements of paragraph (a) or (b) of this section.

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27643, May 2, 2023; 89 FR 51983, June 21, 2024]
Notes of Decisions
Cited in 8 cases, 2001–2013 · leading case: UGI Utils., Inc. v. Unemployment Comp. Bd. of Review, 851 A.2d 240 (Pa. Commw. Ct. 2004).
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UGI Utils., Inc. v. Unemployment Comp. Bd. of Review, 851 A.2d 240 (Pa. Commw. Ct. 2004). “” 49 C.F.R. § 40.81 (a). 14 . DOT regulations define a MRO as "[a] person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s *247 drug testing program and evaluating medical explanations for certain drug…”
Int'l Bhd. of Teamsters v. United States Dep't of Transp., 724 F.3d 206 (D.C. Cir. 2013). “See 49 C.F.R. § 40.81 . The Drivers Association contends that the pilot program violates this regulation because the program allows for specimens to be collected in Mexico.”
Crager v. Bd. of Educ. of Knott Cnty., Ky., 313 F. Supp. 2d 690 (E.D. Ky. 2004). “69; the laboratory test *699 ing requirements, 49 C.F.R. §§ 40.81 , 40.83, 40.85, 40.87; the process for review by the medial review officer, 49 C.”
Quest Diagnostics Inc. v. Swaters, 94 So. 3d 635 (Fla. 4th DCA 2012). “As well, 49 CFR § 40.81 (c) and (d) provide: § 40.”
Owner-Op Indepen Drivers Assoc v. FMCSA (D.C. Cir. 2013). “See 49 C.F.R. § 40.81 . The Drivers Association contends that the pilot program violates this regulation because the program allows for specimens to be collected in Mexico.”
Owner-Op Indepen Drivers Assoc v. FMCSA (D.C. Cir. 2013). “See 49 C.F.R. § 40.81 . The Drivers Association contends that the pilot program violates this regulation because the program allows for specimens to be collected in Mexico.”
State, Dep't of Transp. v. Plummer, 774 So. 2d 945 (Fla. 1st DCA 2001). “See also 49 C.F.R. § 40.81 (governing workplace alcohol testing procedures and permitting an employer to disclose “information required to be maintained under this part pertaining to a covered employee to that employee or to the decisionmaker in a lawsuit, grievance, or other…”
Int'l Bhd. of Teamsters v. United States Dep't of Transp., 714 F.3d 580 (D.C. Cir. 2013). “See 49 C.F.R. § 40.81 . The Drivers Association contends that the pilot program violates this regulation because the program allows for specimens to be collected in Mexico.”
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