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Reasonable-suspicion determination: One trained supervisor or company official can make the decision based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.

49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.

§ 655.43 Reasonable suspicion testing. (a) An employer shall conduct a drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse.

The DOT defines a safety-sensitive worker as someone who holds a job that can impact both their own safety and the safety of the public. Some of these safety-sensitive duties include operating a train or ferry, working on pipelines, working on a flight crew, or fixing an airplane.

§ 382.307 Reasonable suspicion testing. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

May drivers access their own information in the Clearinghouse? Yes. Once a driver has registered in the Clearinghouse, he or she will be able to access his or her Clearinghouse record electronically, at no cost.

Reasonable suspicion drug testing, sometimes called for-cause drug testing, is used when an employer has a strong reason to believe that a worker may be acting under the influence of drugs or alcohol while on the job.

Reasonable Suspicion Testing See 49 CFR 382.307. A trained employer official determines whether reasonable suspicion exists based on specific, contemporaneous, and articulable observations of the appearance, behavior, and speech or body odors of the driver.