What Is a Non-DOT Drug Test? Non-DOT Drug Testing Explained

Organizations may conduct non-DOT drug testing without regulation from the Department of Transportation (DOT) for various reasons. Often, this is performed solely to ensure that working environments are drug-free. It might not only be conducted for safety purposes, but also to ensure that there aren’t problems with productivity or customer interactions. Read on to discover more about the differences and why understanding employee rights is essential. 

What Is Non-DOT Drug Testing

Non-DOT testing refers to any drug or alcohol screening that isn’t regulated by federal DOT rules. It’s typically used by employers in non-regulated industries, such as manufacturing and retail, who want to set their own testing policies. 

How Non-Dot Testing Works

Since non-DOT testing isn’t a legal requirement, it must be conducted voluntarily and is unregulated. Often this is done through urine tests, but depending on the employer, you may also be required to give a saliva or hair follicle sample. The frequency of these tests will also depend on your employer; they might opt for pre-employment-only, annual, or random testing. 

The types of drugs that are tested are generally grouped into different “panels” depending on the thoroughness of the drug test. The severity of the test will vary depending on where it is administered. After the sample is collected, it’s then sent off for analysis. 

How Does Non-Drug Testing Differ From DOT Testing

Key Regulatory and Oversight Differences

DOT testing 

• Uses five-panel testing, including marijuana, cocaine, opiates (opium and codeine derivatives), amphetamines and methamphetamines, phencyclidine (PCP)
• Tests must be conducted at a SAMHSA-certified lab
• DOT requires testing for alcohol and cannabis
• Governed by federal guidelines
• Test failure will result in the removal of your position 

Non-DOT testing 

• Can test for more than the five main groups 
• Tests can be conducted at any lab
•  Non-DOT doesn’t require alcohol and cannabis
• Governed by state laws 
• The consequence of failing the test will be at the employer’s discretion

Who Uses Non-DOT Drug Testing and When Is It Required?

Industries That Commonly Use Non-DOT Testing

A wide range of industries utilize non-DOT testing to ensure their workspaces are efficient and safe. For example, these could include: construction, manufacturing, healthcare, retail, hospitality, and education. In all of these sectors, it’s crucial for the safety of the public, colleagues, or students (often, children) that tests are conducted. 

Typical Situations When Employers Order Non-DOT Tests

Pre-Employment

As part of the pre-employment process, you might find that a non-DOT test is requested; you can ask your employer why this is necessary, because it’s within your rights to do so. However, this is usually to verify that you are as responsible as you appear to be and that you can be trusted to be responsible with the people you work with. For some companies, the only time you’ll be asked to do a drug test will be in this pre-employment stage. However, for other companies, this could be done more regularly. 

Random

Random drug testing is often done for the same reasons as pre-employment non-DOT testing, as it’s to check that you’re remaining sober while at work and not endangering anyone or misrepresenting the company. Often, random testing is conducted to ensure that no one feels targeted or discriminated against without reasonable suspicion.

Post Accident 

If an accident occurs while you’re at work, then your employer needs to understand why this accident happened, and the company needs to ensure where the “fault” lies so as not to risk repeating the incident. Often, employers may ask for a post-accident non-DOT test to rule out any involvement of drugs altogether. It’s likely that your employer doesn’t suspect anything specifically but needs to rule it out for legal reasons. 

Reasonable Suspicion

Reasonable suspicion means that your employer has evidence that you might be under the influence of drugs while at work, rather than simply having a hunch. For example, they’ve noticed your speech is blurred, or you’re unsteady on your feet. There are several reasons why this might be the case, but often your employer needs to prioritise the safety of those around you. 

What Panels and Test Methods Are Used in Non-DOT Programs

The DOT uses the 5-panel (including the five main drugs requiring observation); however, non-DOT testing can use a range of panels, expanding to 12+, so that employers can gain insight into other possible substances, such as benzodiazepines. Depending on the panel, you may be tested through a urine sample, hair follicle testing, saliva sample, or blood test. 

Frequently Asked Questions

Can an Employer Use One Policy for Both DOT and Non-DOT Testing?

Usually, an employer can’t simply combine DOT and non-DOT testing because different organizations are regulated differently and oversee them. So your employer might have similar DOT and non-DOT testing procedures, but they’ll likely differ in small ways. 

How Do State Marijuana Laws Affect Non-Drug Testing Programs?

It’s important to remember that federal guidelines and not state guidelines govern DOT testing, so if a state has legalized marijuana, which is the most commonly used illegal drug, a person in this state can still fail the DOT testing if marijuana is found in the participant’s system. It’s essential to understand this distinction to avoid a positive result.

What Should Employers Communicate to Workers Before Starting Non-DOT Testing?

Your employer must have a written non-DOT drug testing policy, so that if you have any questions or concerns, you can seek clarification before taking a test. Non-DOT drug testing is also voluntary, so in your contract, it should be made clear that the consequences of failing or refusing a test.

How Long Do Non-DOT Drug Test Results Remain Valid for Workplace Decisions?

More often than not, policies like this are set by your employer. Therefore, it’s vital you understand how frequently you’re expected to consent to a test if you passed the previous (usually this is annual), and what you should expect should your results come back positive.