- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Aviation Administration (FAA)
- Federal Railroad Administration (FRA)
- Federal Transit Administration (FTA)
- Pipeline and Hazardous Materials Safety Administration (PHMSA)
Each of these DOT agencies sets their own random testing rates each year. These rates specify the minimum percentage of employees that must be tested for drugs and/or alcohol from a random pool each year, without prior notice, in order to meet federal guidelines.
Here are the random testing thresholds for 2023:
In addition to random drug testing, DOT requirements also include a pre-employment drug test, as well as testing following an accident or eligible traffic violation.
Non-DOT drug testing
Non-DOT random drug tests are those administered to employees in industries that are not regulated by the U.S. Department of Transportation. These drug tests may be administered in accordance with the employer’s own background check policies as well as state and local drug testing regulations, even if they are not subject to DOT guidelines. Non-DOT random drug testing often allows for more flexibility in terms of testing methods, and many employers may choose to conduct cost-effective onsite tests (such as oral fluid tests) or use lab-based tests similar to those required by the DOT.
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Why are random drug testing programs important?
Random drug testing programs are important as they play an integral role in helping employers mitigate risk, promote safe working environments, and deter alcohol or drug use among employees while at work. This type of testing can help employers meet compliance requirements within their industry, especially if they operate in a high-risk environment or if they are subject to DOT regulations. This could include (but is not limited to) bus or truck drivers, heavy machinery operators, mechanics, corrections and safety officers, or those who handle hazardous materials.
By making these tests random, employers can fairly encourage compliance and safety throughout the course of employment. Since tests can be requested at any time and without prior notice, employees in the eligible testing pool may be more motivated to abstain from illicit drug and alcohol use.
In addition to random testing, some employees may be required to submit to drug testing as part of the pre-employment background check process. Testing can be triggered in response to a workplace-related incident or reasonable suspicion of substance abuse, as well, in accordance with state and local laws and company drug testing policies.
What shows up on a random drug test?
Depending on the test, random drug screens may show the presence of alcohol, illicit drugs, or certain controlled substances in an employee’s system. These random drug tests are often conducted using a urine drug test, but may also involve providing an oral fluid, blood, or a hair follicle sample.
Non-DOT-regulated employers may choose which substances to test for and how to administer testing, while DOT drug tests look for specific substances and cannot be performed onsite.
FMCSA guidelines require DOT random drug tests to screen for:
- Marijuana
- Cocaine
- Opiates (including opium and codeine derivatives)
- Amphetamines and methamphetamines
- Phencyclidine (PCP)
- Blood alcohol levels (alcohol concentration of 0.02 or higher)
Marijuana testing is included in testing in all states since the drug is still considered illegal at the federal level. DOT testing regulations do not allow for marijuana use at any level or for any reason, regardless of local or state laws.
With that said, state and local laws in the US may regulate whether certain non-DOT employers are permitted to test for marijuana in random employee drug testing. States like New York, for instance, have prohibited most employers from testing for marijuana during or prior to employment, excluding certain limited circumstances.
Outside of regulated testing requirements, DOT employees may also be subject to non-DOT company testing according to the employer’s guidelines.
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How do random drug tests work?
A random drug test begins when an employee is randomly selected for testing by a computer program, employer system, or even an unbiased third party. The employee is then notified of the selection either by a supervisor, HR team employee, or automatic notification from the organization’s random testing provider and given information on how and where to proceed so they can submit a sample for testing. In some cases, employees will be asked for a sample on-site, while at other times, they may need to visit a designated laboratory for testing.
In order to be considered statistically random, drug tests must follow an objective selection methodology. Most employers use a computer-generated selection system for choosing random drug testing candidates to ensure that the process is fair and impartial. Random testing may be conducted at any time during employment as allowed by the employer’s written policies, DOT guidelines (if applicable), and state and local laws.
Random drug testing at work may require a sample of the employee’s oral fluid, blood, urine, or even hair follicles. Depending on the sample obtained and the testing criteria, these tests may be conducted in the workplace, in a designated testing center, or sent to a laboratory for analysis. Employees may be required to provide a sample within a specific period of time, often during the same workday that the employee is notified of test selection.
To enable compliance and align with best practices, employers should consider sharing their random drug testing policy and receiving consent from employees in writing prior to conducting a test. This often occurs during the hiring or onboarding process. If you work with a consumer reporting agency, like Checkr, you are required to disclose intent to conduct a drug test and receive written consent from employees prior to ordering any screenings (even if the timing of the test will be random) to comply with the federal Fair Credit Reporting Act (FCRA).
