Last updated : March 31, 2025
The Department of Transportation (DOT) oversees the safety-sensitive workforce to keep our roads and other means of travel safe for the public. Safety-sensitive employers must follow strict rules and regulations to comply with the federal government to avoid penalties and fines. The DOT drug testing program is no exception; in addition to fines and penalties, however, failure to comply can devastate a company when an accident occurs.
Especially, when someone dies.
Sadly, that was the case in September 2022, when Peter Michael Davis was killed at a construction site in St. Paul, Minnesota. He was 61 years old. He was working at an intersection downtown when Dawson James Richard Barber, employed by Ti-Zack Concrete, Inc., struck him. According to an ABC news report, Barber tested “presumptive positive” for cocaine and THC after the crash. It was later discovered that Ti-Zack violated the DOT drug testing protocol attempting to cover up his drug use.
It resulted in the company being held accountable for the wrongful death and the Davis family was awarded $8.5 million last month.
Safety First
The Department of Transportation is committed to public safety and employers of the safety-sensitive workforce should be focused on that too. Drug testing plays an important role because it causes impairment.
Cognitive skills are adversely affected. Motor skills are too. That means that if someone is impaired by drug use while on the job, they—and everyone working around them, as in the case of Peter Davis—are at higher risk of being involved in an accident.
Those who operate trucking companies and other businesses that transport goods—or the public for that matter—within the United States must adhere to the strict drug testing regulations in place over the safety-sensitive workforce or suffer the consequences.
Weeding out bad seeds
The DOT drug testing program deters drug use in some cases. All things considered, many people decide that the risk of losing their jobs is more important than feeling high for a few hours and choose to live drug-free..
The program also weeds out those who feel that even though it’s against the rules, it’s okay if they use drugs because they aren’t adversely affected by them. The problem with that line of thinking, however, is that their thought process is likely impaired by drug use.
For instance, some over-the-road drivers use cocaine or amphetamines to stay awake for those long, lonely overnight hauls. Justifying their substance abuse will be hit with a good dose of reality should they ever be involved in an accident. They may not have been the cause, but would the outcome be different if their response time weren’t slowed down due to drugs?
Sticking to the plan
The DOT demands that safety-sensitive employees be drug tested under certain conditions.
They are:
- Pre-employment drug testing—Potential new hires must test negative for drug use before they are allowed to get on the road. Moreover, employers are responsible for querying the Federal Motor Carriers Safety Administration (FMCSA) Drug and Alcohol Clearinghouse to ensure the driver doesn’t have any outstanding drug or alcohol violations.
- Random drug testing—Once hired, an employee’s name is added to the random drug testing pool. The tests are spread out throughout the year, and if an employee’s name is drawn, they are expected to report for a drug test within a specified block of time.
- Reasonable suspicion drug testing—When an employee exhibits signs of drug use, management personnel documents the incident or incidents in writing before approaching the employee. They are asked to report for a drug test immediately.
- Post-accident drug testing—Blood tests determine if someone is high in the moment because they detect the parent drug. Blood tests are completed ASAP after an accident occurs.
- Return-to-duty drug testing—Safety-sensitive employees who have completed their customized return-to-duty process and have rejoined the workforce must agree to a set number of random drug tests over a predetermined length of time.
The DOT tests for the following drugs:
No ifs, ands, or buts
The DOT has strict rules and regulations in place and expects safety-sensitive employers to comply with them at all times. Employees are unable to put off a scheduled drug test for any reason. The drug testing protocol stipulates that not showing up for a test is the same as refusing one outright. The employee is pulled from service and terminated immediately.
Employers who don’t adhere to protocol are hit with costly penalties and fines. They can add up in a hurry! However, that’s not the main reason that employers should comply with DOT regulations. They should comply because using drugs or drinking while driving is prohibited. It puts lives unnecessarily at risk every hour of every day.
This DOT won’t tolerate substance abuse in its ranks. Substance abuse is listed as one of the top three causes of vehicular accidents along with distracted driving and speeding. All three of these things could happen when a driver is impaired by drug use.
No, the DOT won’t be backing down on its stance—and neither should you.
