Determining what are safety-sensitive positions is a question we get often. The question is asked relating to drug-free workplace policies and drug testing. Safety-sensitive positions can be classified in US Department of Transportation (DOT) workplace settings and non-DOT workplace settings.
Defining safety-sensitive positions can be helpful for compliance with some states’ laws, particularly regarding marijuana testing and nonregulated random testing. For all DOT-covered employees, marijuana is prohibited, and testing is required. For employers not regulated by DOT, care should be taken regarding random testing programs and marijuana drug testing.
We will break this discussion down into two sections:
DOT Safety-Sensitive Positions
Let’s start with DOT safety-sensitive positions, often also called DOT-covered employees. Within DOT, there are five agencies that all have different types of safety-sensitive positions or DOT-covered employees. All these DOT-covered employees are subject to DOT-mandated drug and alcohol testing.
- Federal Motor Carrier Safety Administration (FMCSA) – Covered employee: A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.
- Federal Railroad Administration (FRA) – Covered employee: A person who performs hours of service functions at a rate sufficient to be placed into the railroad’s random testing program. Categories of personnel who normally perform these functions are locomotive engineers, trainmen, conductors, switchmen, locomotive hostlers/helpers, utility employees, signalmen, operators, and train dispatchers.
- Additionally, FRA covered employees include maintenance of way (MOW) employees who is anyone whose work activities include inspection, repair, or construction of roadways, tracks, or bridges on or near the railroad tracks.
- FRA-covered employees also include mechanical employees who, on behalf of a railroad, perform mechanical tests or inspections.
- Federal Aviation Administration—Covered Employee: A person who performs flight crew member duties, flight attendant duties, flight instruction duties, aircraft dispatch duties, aircraft maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, and air traffic control duties. Note: Anyone who performs the above duties directly or by contract for part 121 or 135 certificate holders, sightseeing operations as defined in 135.1(c), and air traffic control facilities not operated by the government are considered covered employees.
- Federal Transit Administration—Covered Employee: A person who performs a revenue vehicle operation, revenue vehicle and equipment maintenance, revenue vehicle control or dispatch (optional), commercial driver’s license nonrevenue vehicle operation, or armed security duties.
- Pipeline and Hazardous Materials Safety Administration—Covered Employee: A person who performs on a pipeline or liquefied natural gas facility an operation, maintenance, or emergency-response function.
Employees working for employers regulated by the US Coast Guard (USCG) are also subject to drug and alcohol testing as regulated by DOT regulation 49 CFR Part 40. These safety-sensitive or covered employees include a person who is on board a vessel acting under the authority of a license, certificate of registry, or Merchant Mariner’s Document. Also included is a person engaged in or employed on board a US-owned vessel when such a vessel is required to engage under, be employed by, or be operated by a person holding a license, certificate of registry, or Merchant Mariner’s Document.
Non-DOT Safety-Sensitive Positions
For companies not regulated by the US DOT or the USCG, the classification of safety-sensitive positions becomes much more complex. Defining the safety-sensitive positions in your organization is extremely important, particularly in relation to a drug-testing program and drug-free workplace policy.
There are some state laws that can help you define your safety-sensitive positions, but in some cases, you are on your own. Use common sense, and follow your state law if applicable. Typically, a safety-sensitive position is defined as a role in which an employee’s actions have a direct impact on the safety of themselves or others. This includes positions where poor performance or a failure to execute tasks properly could result in safety-related incidents. This also includes positions where impairment from drugs or alcohol can lead to harm to others, including injury or death.
Let’s look at some of the states that help you define your safety-sensitive positions:
New Mexico: New Mexico characterizes a safety-sensitive position as one in which an individual’s performance while under the influence of drugs or alcohol poses an immediate or direct risk of injury or death to themselves or others.
Nevada: Nevada includes any role that, in the employer’s judgment, may pose a risk to the safety of others. Examples include firefighters, emergency medical technicians, and any position that necessitates the operation of a motor vehicle subject to federal or state drug and alcohol testing regulations.
Connecticut: Certain jobs are designated as safety-sensitive or high-risk. These jobs involve a high risk of injury or death if the job is not performed properly. A list for guidance on these safety-sensitive job positions is available from the Connecticut Department of Labor. Employers can request that additional jobs be added to this list.
Washington, DC: This is not an all-inclusive list but can include delivering security services or managing weapons, such as firearms; operating vehicles or heavy and potentially hazardous machinery or equipment; engaging in activities on an active construction site; or a position that necessitates occupational safety training, working in proximity to power or gas utility lines, managing hazardous materials, overseeing or providing care for individuals who cannot care for themselves, and administering medical treatment that requires professional qualifications, including the administration of medication or the supervision or execution of surgical procedures.
Iowa: In Iowa, a safety-sensitive position is characterized as a role where an accident could result in the loss of human life, serious bodily harm, or considerable damage to property or the environment. This definition also encompasses positions that involve the direct supervision of individuals in roles that fulfill these criteria.
It is important that employers understand the safety-sensitive roles in their organization and, when operating in multiple states, the individual state law considerations. Many states have or are moving to restrict marijuana drug testing. States are also looking at exemptions for safety-sensitive positions that allow marijuana testing. Best practice is to define your safety-sensitive positions and review marijuana testing laws in your state.
