DOT rules regarding drug and alcohol testing
What are the specific regulations directing employers’ implementation of the DOT drug and alcohol testing program?
For commercial drivers, the Federal Motor Carrier Safety Administration (FMCSA), the regulation is 49 CFR Part 382
Which commercial drivers are subject to drug and alcohol testing?
A person who operates (i.e., drives) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.
When would an employer require a drug test?
According to the DOT rules, there are 6 events that can trigger an employee to undergo a drug test.
- Reasonable Suspicion
- Return- to-Duty
When would an employer require a breath alcohol test?
According to the DOT rules, there are six events that can trigger a breath alcohol test.
- Pre-Employment (optional)
- Reasonable Suspicion
- Post- Accident
What is the definition of accident requiring breath alcohol testing?
Any accident involving a fatality requires testing. Testing is also required in accidents in which one or more motor vehicles are towed from the scene or in which someone is treated medically away from the scene; and a citation is issued to the CMV driver.
What would trigger Reasonable-suspicion?
One trained supervisor or company official can make the decision based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.
What are the pre-duty alcohol use prohibitions?
Four (4) hours prior to performance of duty.
What are the actions for Breath Alcohol Concentrations BACs 0.02 – 0.039.
The employee cannot be returned to duty until the next day or the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following the test.
What restrictions are made to the driver following an accident as described above?
Drivers are prohibited from using alcohol for eight hours following an accident (as described above) or until they have undergone a post-accident alcohol test, whichever occurs first.