Attachment III

Federal Regulations – Required Drug Testing

This document provides a brief synopsis of the classes of position/occupations for which 

employers are required to drug test employees under current Federal regulations. Because the 

descriptions are not necessarily exhaustive of the occupations, a link to the relevant regulation is 

provided.

Department of Transportation Regulations Regarding Drug Testing

Classes of positions/occupations for which employers are required to drug test employees as 

identified in DOT’s regulations at 49 CFR parts 199, 219, 382, and 655.

49 CFR part 199 – Pipeline Safety

Applies to persons employed by pipeline operators or their contractors located within the 

territory of the United States, who perform covered functions including operations, 

maintenance, or emergency-response functions as provided for in the regulation.

http://www.ecfr.gov/cgi-bin/textidx?SID=876d569e9889f488931e06bca7e682c7&node=pt49.3.199&rgn=div5#se49.3.199_12

49 CFR part 219 – Federal Railroad Administration

Applies to employees of railroads that operate as part of the general railroad system of 

transportation and those that provide commuter or other short-haul rail passenger service 

in a metropolitan or suburban area. The drug testing requirements apply to persons who 

have been assigned to perform service in the United States subject to the hours of service 

laws (covered employees). The hours of service laws apply to train employees, signal 

employees, and dispatch service employees. For the purposes of pre-employment testing 

only, the term “covered employee” includes a person applying to perform covered service 

in the United States.

http://www.ecfr.gov/cgi-bin/textidx?SID=876d569e9889f488931e06bca7e682c7&node=pt49.4.219&rgn=div5#se49.4.219_13

49 CFR part 382 – Federal Motor Carrier Safety Administration

This regulation applies to persons and their employers who operate a commercial motor 

vehicle in interstate, foreign, or intrastate commerce, to all employers of such persons, 
and to all States, individuals subject to the commercial license requirements of Mexico 

and Canada.

It does not apply to employers and their drivers who are subject to the requirements of the 

Federal Transit Administration alcohol and controlled substances testing regulations); 

active duty military personnel; members of the reserves; and members of the national 

guard on active duty, including personnel on full-time national guard duty, personnel on 

part-time national guard training and national guard military technicians (civilians who 

are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or

at the discretion of a State, operators of certain farm vehicles, firefighters or other persons 

who operate commercial motor vehicles which are necessary for the preservation of life 

or property or the execution of emergency governmental functions, are equipped with 

audible and visual signals, and are not subject to normal traffic regulation.

http://www.ecfr.gov/cgi-bin/textidx?SID=876d569e9889f488931e06bca7e682c7&node=pt49.5.382&rgn=div5#se49.5.382_1103

49 CFR part 655 – Federal Transit Administration

This regulation applies primarily to workers who are hired with Federal assistance grants 

to metropolitan planning organizations, State departments of transportation, and public 

transit operators through Urban or Rural Formula grants for public transportation; fixed 

guideway capital investment grants; or grants for construction of the interstate highway 

system. It applies to individuals performing safety-sensitive functions

The types of positions carrying out safety-sensitive functions that are subject to this 

regulation include:

1. Operating a revenue service vehicle, including when not in revenue service;

2. Operating a nonrevenue service vehicle, when required to be operated by a holder 

of a Commercial Driver's License;

3. Controlling dispatch or movement of a revenue service vehicle;

4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle 

or equipment used in revenue service. 

5. Carrying a firearm for security purposes.

http://www.ecfr.gov/cgi-bin/textidx?SID=3e7211250638cd498436ba6555668d05&node=pt49.7.655&rgn=div5#se49.7.655_13

United States Coast Guard Regulations Regarding Drug Testing

Classes of positions/occupations for which drug testing is required under United States Coast 

Guard regulations at 46 CFR part 16 include:
Individuals applying for a license as an Officer, Staff Officer, or Operator for a Merchant 

Mariner’s Document EXCEPT modifications (increases of scope), duplicates, and 

International Endorsements (STCW);

1. Individuals applying for a license as an Office, Staff Officer, or Operator for a 

Merchant Mariner’s Document or credential;

2. All individuals hired to serve as a crewmember;.

3. Able seamen, lifeboatmen, qualified member of the engine department, or 

tankermen; or

4. Individuals who perform the duties and functions of patrolmen or watchmen or

are specifically assigned the duties of warning, mustering, assembling, assisting, 

or controlling the movement of passengers during emergencies are subject to 

random drug tests.

http://www.ecfr.gov/cgi-bin/textidx?SID=876d569e9889f488931e06bca7e682c7&node=pt46.1.16&rgn=div5#se46.1.16_1201

Federal Aviation Administration Regulations Regarding Drug Testing

Classes of positions/occupations in which an employee must be tested under Federal 

Aviation Administration regulations at 14 CFR part 120 all employees, including any 

assistants, helpers, or individuals in a training status, who performs a safety-sensitive 

function for an employer as defined in this regulation and include:

1. Flight crewmembers;

2. Flight attendants;

3. Flight instructors;

4. Aircraft dispatchers;

5. Aircraft maintenance and preventive maintenance workers;

6. Ground security coordinators;

7. Aviation screeners; and

8. Air traffic controlers.

http://www.ecfr.gov/cgi-bin/textidx?SID=876d569e9889f488931e06bca7e682c7&node=pt14.3.120&rgn=div5#se14.3.120_11