DOT Answers DATIA's Questions Regarding the Drug Testing of Minors

DATIA receives many calls from collectors inquiring about any special consideration that must be made for minors who are taking DOT drug or alcohol tests. Namely, DATIA is asked whether or not parental permission is required because the donor is underage.

We posed the question to Jim Swart at the DOT’s Office of Drug and Alcohol Policy and Compliance, and he responded with the following clarification:

"Thanks for your email to the Department of Transportation's Office of Drug and Alcohol Policy and Compliance. In it you ask whether parental permission is needed if a minor reports for a DOT drug test collection. The following is provided in answer to your inquiry.

The Omnibus Transportation Employees Testing Act of 1991 made no differentiation as to the age of the employee required to be tested. Therefore, if the employee is performing one of the DOT Agency regulated safety-sensitive duties or is an applicant for such a job, he or she must be tested without regard to age. You will note however, that there may be restrictions upon minors being eligible to perform DOT safety-sensitive functions--for example, a person must be at least 21 to obtain an interstate CDL."

Answer: The collection process starts as soon as the collector takes the donor to the collection area.

Section 40.61(b) of the DOT regulations states "Ensure that, when the employee enters the collection site, you begin the testing process without undue delay. For example, you must not wait because the employee says he or she is not ready or is unable to urinate or because an authorized employer or employee representative is delayed in arriving."

Section 40.191(a2) of the DOT regulations states, " As an employee, you have refused to take a drug test if you: Fail to remain at the testing site until the testing process is complete; provided, that an employee who leaves the testing site before the testing process commences (see section 40.63(c)) for a pre-employment test is not deemed to have refused to test."

This means, that the donor did refuse the random test and the collector was correct in informing him of this and the consequences of refusing the test. He should not be re-tested for this random test.