How does 49 CFR Part 40 differ from the DOT Agency specific regulations?

49 CFR Part 40 (commonly referred to as “Part 40”) states:

  • how drug and alcohol testing is conducted,
  • who is authorized to participate in the drug and alcohol testing program, and
  • what employees must do before they may return-to-duty following a drug and/or alcohol violation.

The DOT Agency and the USCG specific regulations state:

  • the agency’s prohibitions on drug and alcohol use,
  • who is subject to the regulations,
  • what testing is authorized,
  • when testing is authorized, and
  • the consequences of non-compliance.

The DOT Agencies and the USCG incorporate Part 40 into their regulations and enforce compliance of all their respective regulations.

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