Guidance on whether non-DOT covered employees may be placed in the DOT random testing pool.

Question

Testing Pool Inclusions: Can an employer include in the DOT random testing pool non-CDL drivers who operate motor vehicles weighing less than 26,001 pounds?

Answer

No, an employer may not include non-CDL drivers in the DOT random testing pool. See 49 CFR §382.103, §40.347(b)(2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who is subject to the CDL requirements of 49 CFR part 383 and who operates a CMV, as defined in §382.107, in commerce. 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 employees in a random drug and alcohol testing pool that is completely separate from the random testing pool for DOT-covered employees. See §382.305, question 15.