Workplace Regulations - Drug/Alcohol Testing

For a more complete description of the Omnibus Transportation Employee Testing Act (OTETA) please click here for the Department of Transportation's Drug and Alcohol Testing Rules. Please check with the Human Resource department for clarification.

The Omnibus Transportation Employee Testing Act (OTETA) passed in 1991, requires alcohol and drug testing safety-sensitive employees working for employers engaged in the following industries:

• Aviation
• Motor carrier
• Railroad
• Mass transit
• Maritime
• Pipeline industries

Effective January 1, 1996, employers with 1 or more "safety-sensitive employees" now also come under the same rules.

Employees in safety-sensitive positions are required to be tested for alcohol and drugs in the following situations:

Alcohol:

• Random
• Post-accident
• Reasonable suspicion
• Follow-up/return to work

Drugs:

• Pre-employment
• Random
• Post accident
• Reasonable suspicion
• Follow-up/return to duty

Employees who violate the rules outlined in the Federal Register must be evaluated by a Substance Abuse Professional prior to returning to safety-sensitive functions.

Only certified labs can be used for drug testing and they are required to meet strict chain-of-custody criteria. The test results are reviewed and interpreted by a medical review officer. The medical review officer determines if the test and results meet the criteria; if not it is reported as a negative regardless of the criteria missed. The medical review officer is required to notify employees and employers when positive results occur. The rules do not prohibit employers from releasing the employee; however, employees testing positive in safety-sensitive jobs must be evaluated by a SAP prior to returning for duty. In addition, Division of Transportation rules prohibits any UNAUTHORIZED use of controlled substances by safety-sensitive transportation employees on or off duty.