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Testing Pool Inclusions: Can an employer include non-CDL drivers, who operate CMVs with 18,000 lbs. GVWR, in the DOT random testing pools?

No, an employer may not include non-CDL drivers in the DOT random testing pool. Please see 49 CFR § 40.347 (B) (2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who operates a CMV, as defined in § 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383,.  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 place non-DOT covered employee drug and alcohol testing in a pool that is completely separate from the DOT covered testing pool.  See §382.305 Question15.

Last Updated : May 20, 2015
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