Laws, Regulations, and Rules

The state's substance abuse program is guided by various laws, regulations and rules. We have provided links to them below.

49 C.F.R. Part 40 - U.S. Department of Transportation Regulations for Workplace Drug and Alcohol Testing Program

Created: 6/22/2023
The Department of Transportation's (DOT) rule, 49 CFR Part 40, describes required procedures for conducting workplace drug and alcohol testing for the Federally regulated transportation industry.

49 C.F.R. Part 382 - Federal Motor Carrier Safety Administration's Substance Abuse Programs for Drivers of Commercial Motor Vehicles

Created: 6/22/2023
View the latest eCFR version of FMCSA’s Regulations in 49 CFR Parts 300-399. The indexed database that contains and links to all guidance documents in effect from the Federal Motor Carrier Safety Administration.

49 C.F.R. Part 655 - Federal Transit Administration Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations

Created: 6/22/2023
Regulatory information relating to transportation. Title 49 - Transportation, Part 655. GovInfo provides free public access to official publications from all three branches of the Federal Government.

49 C.F.R. Part 199 - Pipeline & Hazardous Materials Safety Administration Drug and Alcohol Testing

Created: 6/22/2023
Part 199 Drug and Alcohol Testing covers general info, applicability, definitions, procedures, stand-down waivers, preemption of state and local laws, and other requirements.

33 C.F.R. Part 95 - United States Coast Guard Rules for the Safe Operation of Vessels and Safety Management Systems

Created: 6/22/2023
Navigation and Navigable Waters regulatory information. The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government.

State Personnel Board Rules

SPB Rule 21 Drug and Alcohol–Free Workplace Program

Created: 1/16/2019
Sets expectations for drug and alcohol-free workplace and outlines the State's testing programs.

SPB Rule 21A Self-Disclosure of Substance Abuse

Created: 1/16/2019
Sets forth rules surrounding employee self-disclosure of a substance abuse problem.

SPB Rule 21B Pre-Employment Drug Testing for High-Risk Positions

Created: 1/16/2019
Outlines program for pre-employment drug testing for employees in high-risk positions.

SPB Rule 21C Random Substance Abuse Testing for High-Risk Positions

Created: 1/16/2019
Outlines program for random substance abuse testing for employees in high-risk positions.

SPB Rule 21D Substance Abuse Testing for Federally Regulated Transportation Positions

Created: 1/16/2019
Outlines substance abuse testing programs for employees in federally regulated transportation positions.

478-1-.21E Reasonable Suspicion Testing for Non-Federally Regulated Employees

Created: 6/22/2023

478-1-.21F Return to Duty Substance Abuse Testing Non-Federally Regulated

Created: 6/22/2023

Rule 21G Follow-up Testing for Non–Federally Regulated Employees

Created: 6/22/2023

SPB Rule 21H Consequences of Illegal Drug Convictions

Created: 1/16/2019
Outlines consequences for applicants and employees with illegal drug convictions.