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DOT DRUG & ALCOHOL TESTING 



Jennifer Loomis, Associate Editor

February 22, 2022

 

 

It’s easy to get lost in the weeds of drug and alcohol program testing
requirements. If you don’t have a thorough understanding of when and whom to
test, you risk putting drivers on the road who could be a danger to themselves
and others. The requirements for drug and alcohol testing are set forth in Parts
40 and 382 of the Code of Federal Regulations. Part 40 spells out the testing
processes and procedures, while Part 382 is specific to the Federal Motor
Carrier Safety Administration (FMCSA) and specifies who should be tested and
when.

 

 

WHO SHOULD BE TESTED?

If you employ drivers who operate a commercial motor vehicle (CMV) that requires
a commercial driver’s license (CDL), then you must have a Department of
Transportation (DOT) drug and alcohol testing program. Those who must be tested
include anyone operating a CDL CMV under your authority, whether intra- or
interstate. Don’t forget to include drivers from staffing services and leased
owner-operators, part-time and seasonal drivers, drivers with other job titles
(e.g., technicians, managers), and backup drivers. Also included in this group
are volunteers and government employees. Independent, for-hire owner-operators
are subject to DOT testing but require the assistance of a
consortium/third-party administrator (C/TPA) to carry out the random testing
portion of the testing program.

 

 

WHEN IS TESTING REQUIRED UNDER PART 382?

There are six situations in which a driver may be required to take a drug and/or
alcohol test:

 * Pre-employment: Before operating a CMV for you for the first time or when
   returning to the random testing program after an absence (unless an exception
   applies);
 * Post-accident: When certain criteria is met after a crash;
 * Random: As part of your regular random drug and alcohol testing program;
 * Reasonable suspicion: If a trained supervisor has witnessed first-hand the
   appearance, behavior, speech, or body odor of a driver that raises concern;
 * Return-to-duty: After completing the treatment and/or training prescribed by
   a substance abuse professional (SAP) after a violation;
 * Follow up: For a duration of one to five years after a DOT drug or alcohol
   violation.

A five-panel drug test that screens for marijuana, cocaine, amphetamines,
phencyclidine (PCP), and opioids is used for all testing situations. The DOT
only allows urine to be tested for drugs. Alcohol testing is conducted on a
saliva or breath specimen. A blood alcohol concentration (BAC) of .04 or higher
is a DOT violation. Alcohol testing can only be conducted immediately before,
after, or during the employee’s performance of safety-sensitive functions.

 

 

HOW OFTEN SHOULD DRUG AND ALCOHOL POLICIES BE REVIEWED?

If you have drivers subject to drug and alcohol testing, you are required to
provide them with information about, among other things, the test types, testing
process, and potential consequences of a positive drug or alcohol test. If your
company also has a drug and alcohol policy based on the independent authority of
the motor carrier that is applied to the DOT testing program (e.g.,
zero-tolerance), you must also provide employees with a copy of that policy. It
is your responsibility to keep your policies up to date if something in the
policy changes, or if contact information, such as the name and number of the
designated employer representative (DER), has changed. It is best practice to
review your drug and alcohol policy information at least yearly to evaluate if
any changes need to be made.

 

While the Federal Motor Carrier Safety Regulations (FMCSRs) don’t require
carriers to provide employees with a new copy of the policy when changes are
made, it is best practice to notify employees of the change and provide them
with an addendum to the original policy.

 

WHAT ROLE DOES THE CLEARINGHOUSE PLAY?

The CDL Drug and Alcohol Clearinghouse is the database where all Part 382 drug
and alcohol violations are stored. By conducting a query of the system, you will
learn of drivers’ unresolved violations (meaning they haven’t gotten as far as
the return-to-duty test) and outstanding steps that drivers may need to take in
the return-to-duty or follow-up testing process. You will also be able to see if
a driver has completed the entire process, as that information is kept in the
Clearinghouse for five years or until the process is completed, whichever is
longer.

 

 

YOUR ROLE IS THE MOST IMPORTANT

Drug and alcohol testing is used to identify drivers who cannot safely perform
their job functions and to improve motor carrier safety. The program only works,
though, if you regularly test your drivers and promptly enter specific
violations into the Clearinghouse. A well-run testing program, well-crafted drug
and alcohol policy, and regular use of the Clearinghouse will allow you to
identify those in need of rehabilitation so that they can get the support they
need to get sober and back on the road.

 

 

To learn how J. J. Keller can help manage your Drug & Alcohol Testing Program,
contact us today at 888.473.4638. 

--------------------------------------------------------------------------------

You may also be interested in:

When to Join a Drug & Alcohol Consoritum 

New Year, new beginning: A time to review your DOT testing program


FREE COMPLIANCE BRIEF 


 

Download your free copy of the Drug & Alcohol "Don'ts" Compliance Brief. With so
much at stake, it's vital that your CMV drivers understand what behavior
is not permitted when it comes to the DOT regulations. 

 

Download Now


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