DOT Drug & Alcohol Program Management

The six different types of tests required are:

• Pre-employment (§382.301) A pre-employment drug test is only required before a new hire or a person transferring into a CDL-vehicle driving position from elsewhere in the company can perform any safety-sensitive functions. An alcohol test is not required. A driver may not perform any safety-sensitive functions until the motor carrier receives a verified negative test result, except for a road test. A full query in the Drug and Alcohol Clearinghouse must be run and have no disqualifying items present before operating in commerce. 
• Post-accident (§382.303) Post-accident testing under DOT and FMCSA requirements is only relevant if a CDL driver has a DOT accident in a CDL-vehicle. If a CDL-holding driver has a DOT accident in a non-CDL vehicle, you will not test under DOT requirements, and this would be a company policy-driven decision. Post-accident alcohol tests should be done within 2 hours of the accident. If the test cannot be performed within 2 hours, you must document why you didn’t test. If the test cannot be completed within 8 hours, don’t test the driver and document why you didn’t test at all. If the drug test cannot be performed within 32 hours, you should not test and document the circumstances. The following shows when you would test your driver under DOT testing procedures:

DOT accident with fatality? A DOT test is always required.

DOT accident with injury with treatment away from the scene? A DOT test is required when a citation is issued to your driver.

DOT accident with vehicle towed due to disabling damage? A DOT test is required when a citation is issued to your driver.

• Random (§382.305) The FMCSA requires – by the end of the calendar year – that you complete tests on a certain percentage of the annual number of CDL drivers you have. In 2023, random drug testing is 50 percent, and for alcohol, 10 percent. The tests need to be evenly spread throughout the year, using “testing cycles.” When you make a random selection, the drivers need to be tested by the end of the testing cycle. For instance, if you test quarterly, you have those three months to complete the tests. Keep secret the draw of names, so there is an element of surprise when you notify the driver. Once notified, the driver must immediately proceed to the collection site. Giving advance notice, such as telling someone to “go when it’s convenient” or “at the end of your shift” is a violation. The one to two-hour leeway is a myth. Drivers are only allowed reasonable travel time from where they were notified to the collection site. Drivers from multiple smaller carriers can be pooled together to make a consortium. The consortium must meet the 50 percent and 10 percent numbers by the end of the year. And whether your drivers are selected during a test cycle is the luck of the draw.
• Reasonable suspicion (§382.307) Reasonable suspicion testing requires a trained supervisor to observe a driver’s behavior and physical appearance before requesting the test. The CDL driver’s supervisor must have completed a 2-hour training session on both drugs and alcohol. Anyone who has not taken the training can’t be the party to observe. They can alert the trained supervisor, who then must see it for themself.
• Return-to-duty (§382.309) After a refusal or positive test, the driver must complete a substance abuse professional’s treatment program. Upon completing the program, a test result with an alcohol concentration of less than 0.02 and/or a negative drug test is required to return to safety-sensitive functions. The drug test is under direct observation.
• Follow-up (§382.711) Follow-up testing is required for drivers who tested positive for drugs, failed an alcohol test, refused to take a drug or alcohol test, and completed the return-to-duty process. The regulations call for a minimum of six tests during the first year back in a safety-sensitive position. However, follow-up testing can continue for up to a total of five years. All follow-up drug tests must be under direct observation.

All records related to alcohol and drug tests must be maintained in a secure location with controlled access to prevent disclosure to unauthorized persons. However, the regulations do permit an employer to share this information when a driver gives specific written authorization to the employer. Examples of situations in which this may occur include when a driver wants a copy of his/her records or when he/she wants this information released to a prospective employer. This information may also be released to enforcement.

The motor carrier is required to maintain records of failed alcohol tests and positive drug tests for five years. Alcohol test results of less than 0.02 as well as negative and canceled drug tests must be kept for one year.