No. An employer may not include non-CDL drivers in the DOT random testing pool. The DOT and Federal Motor Carrier Safety Administration drug and alcohol testing regulations apply to any person who operates a CMV, as defined in 49 CFR 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383. Including non-CDL drivers in the random testing pool violates the DOT drug and alcohol testing rules. An employer may perform testing beyond that required by the DOT rules, but the employer may not represent such testing as a DOT test and must keep non-DOT drug and alcohol testing completely separate from DOT testing. See 49 CFR 382.305 random testing and published regulatory guidance question No. 15.