What are the FMCSA Requirements for a DOT Drug & Alcohol Policy?

If you're a motor carrier subject to DOT testing requirements, you have to create written policies.

Published On: 10/01/2024
Driver reviewing DOT drug test results
J. J. Keller Editor Kathy Close

Written by:

Kathy Close

Transport Safety Editor — J. J. Keller & Associates, Inc.

If you’re a motor carrier subject to DOT testing requirements, you have to create written policies. And if you operate commercial motor vehicles that require a commercial driver’s license (CDL), you are subject to the requirements.

At a minimum, a DOT drug and alcohol policing must contain the following items, which can also be found in 382.601(b).

FMCSA Drug & Alcohol Policy Requirements

1. The name or title of the individual who can answer driver questions about the materials;

2. The categories of drivers subject to the testing regulations;

3. Sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the workday the driver will be required to be in compliance;

4. Detailed information on drug and alcohol prohibitions, such as:

  • Alcohol consumption before and during on-duty time;
  • Drugs that will be included in the testing panel;
  • Thresholds that are considered a positive drug or alcohol test.

5. The different DOT test types under which a driver will be tested for alcohol and/or drugs and the circumstances for each, including the criteria for DOT post-accident testing;

6. The procedures that will be used to:

  • Test for the presence of alcohol and controlled substances,
  • Protect the driver and the integrity of the testing processes,
  • Safeguard the severity of the test results, and
  • Ensure that the test results are attributed to the correct driver;

7. The requirement that a driver must submit to alcohol and controlled substance tests required by the regulations;

8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test, and the consequences of refusal;

9. The consequences for drivers who have violated the specific prohibitions of the policy, including:

  • The requirement that drivers be removed immediately from safety-sensitive functions, and
  • The substance abuse evaluation, DOT return-to-duty procedures and follow-up testing program;

10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;

11. Information concerning the effects of alcohol and controlled substance use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or controlled substance problem; and available methods of intervening when an alcohol or controlled substance problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management; and

12. Information alerting drivers that the following personal information (collected and maintained under Part 382) will be reported to the CDL Drug and Alcohol Clearinghouse beginning January 6, 2020:

  • A verified positive, adulterated, or substituted drug test result;
  • An alcohol confirmation test with a concentration of 0.04 or higher;
  • A refusal to submit to any test required by Subpart C of Part 382;
  • The employer’s report of actual knowledge, as defined at §382.107, of:
    • On-duty alcohol use (pursuant to §382.205);
    • Pre-duty alcohol use (pursuant to §382.207);
    • Alcohol use following an accident (pursuant to §382.209); and
    • Controlled substance use (pursuant to §382.213);
  • A report from a substance abuse professional of the successful completion of the return-to-duty process;
  • A negative return-to-duty test; and
  • The employer’s report of completion of follow-up testing.  

It's required to provide a copy of these materials to every driver before the start of DOT alcohol and controlled substances testing, including your new hires and employees transferring into positions that are considered safety-sensitive. You also need to give your policy to owner-operators, staffing service drivers, and contract workers — not just employees on your company’s payroll.

The regulations (382.601(d)) also require that drivers sign a statement certifying they have received the information. A copy of this signed receipt must be saved.

DOT Drug & Alcohol Management Resources

Read about drug and alcohol program management requirements in our Drug & Alcohol Compliance Brief. Or talk with a compliance specialist about how the Encompass® System can help you manage every aspect of your alcohol and drug program.

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