As an employer, you have a responsibility to implement drug and alcohol testing programs. The primary goal of these programs is to ensure your fleet does not allow a driver to operate a commercial motor vehicle if:
- The driver receives a positive, adulterated or substituted drug test result.
- The driver receives an alcohol confirmation test result of 0.04 or higher.
- The driver refuses to submit to a test for drugs or alcohol.
- The driver drank alcohol while performing safety-sensitive functions or within four hours of performing safety-sensitive functions.
- The driver used a controlled substance.
At a minimum, these programs should identify where and when employees will be tested. Again, the FMCSA has very specific requirements as to when drug and alcohol testing must occur. As such, employers must have an understanding of these requirements and ensure drivers are being tested appropriately at certified testing facilities. The chart below lists the testing types and includes details of when each type of test should be administered:
| Type of Test | Notes |
|---|---|
|
Pre-employment |
Before permitting a commercial driver's license holder to operate a commercial motor vehicle, employers must receive a negative drug test result. |
|
Post-accident |
Drug and alcohol tests may be required after crashes that involved:
In some instances, drivers may also receive a citation they would have to pay themselves. |
|
Random |
CDL drivers must be tested randomly throughout the year. Annually, the DOT sets random testing rates carriers must follow. For instance, if the random testing rate for the year is 25% for drug testing and a carrier employs 500 drivers in safety-sensitive roles, they would need to perform 125 random drug tests throughout the calendar year. |
|
Reasonable suspicion |
If drivers appear to be under the influence of drugs or alcohol, they may be tested immediately. Employers must train supervisors on the signs and symptoms of driver impairment, which can include physical- (e.g., slurred speech, sweating and poor balance), psychosocial- (e.g., irritability, forgetfulness and poor focus) and performance-related indicators (e.g., taking extended breaks, calling in sick frequently and changes in work quality). At a minimum, supervisors of commercial motor vehicle drivers must have the following training:
|
|
Return-to-duty |
This type of testing is required for drivers who meet both of the following criteria:
Under the return-to-duty test, a negative result is required before a driver can resume their role. |
|
Follow-up |
This type of testing is required for drivers who meet both of the following criteria:
|
For more information on the FMCSA Drug and Alcohol Testing Program download our FMCSA Clearinghouse Factsheet.
Or, to learn more about how to prepare for your New Entrant Audit, click here to view our previous blog post!