Federal Motor Carrier Safety Administration Controlled Substances and

Federal Motor Carrier Safety Administration Controlled Substances and Alcohol Testing

Part 382 • Requires employers and drivers to establish and participate in a controlled substance and alcohol testing program.

Applicability: Part 382 • Persons who operate a commercial motor vehicle in intra or interstate commerce – Gross vehicle weight rating of 26, 001 and above or, – Vehicle is designed to transport 16 or more passengers including the driver

Types of Alcohol and Controlled Substances Testing Required • Pre-employment testing ONLY for controlled substances (382. 301) • • – Employer MAY (not required), to conduct preemployment alcohol testing (382. 301(d)) Post-Accident testing (382. 303) Random testing (382. 305) Reasonable Suspicion testing (382. 307) Return-to-Duty testing (Part 40, Subpart O, moved from 382. 309) • Follow-up testing (Part 40, Subpart O, moved from 382. 311)

Types of Drugs • Marijuana • Cocaine • Amphetamines • Phencyclidine (PCP) • Opiates

Pre-Employment Testing • New Hires • Layoffs, Work-Comp • Negative Results prior use • Results must go to a Certified Laboratory • Negative Results paperwork retained for one year

Post Accident Testing • Criteria: Must have been involved in a DOT recordable accident AND • The driver was cited for a moving violation • Drug and alcohol testing must take place within 32 hours

Random Testing • Calendar year • 10% for alcohol • 50% for drugs • Must report for testing or considered a “positive” result • Testing and Selections should take place during four quarters

Reasonable Suspicion Testing • Supervisors must receive required training • Document behavior and actions

Return to duty and follow up testing • Applies only to the drivers who have tested positive, fulfilled their SAP requirements and are returning to work as a driver. • Must have “negative” RTD test • Subject to a minimum of (6) tests in the first 12 months

Previous Employment Drug and Alcohol Check • Employee written consent • Request that previous employer answer yes/no to the (5) required questions. • Answers must be received within 30 days of employment • Retain questionnaire in DQ or Drug and Alcohol testing file

Retention of Records 5 -Year Requirement • Alcohol test results indicating a BAC of 0. 02 or greater • Verified positive drug test results • Refusals to submit to required tests • Required calibration of breath testing devices

Drug and Alcohol Training • Employer must provide educational materials • Certificate a receipt must be retained on file • Video’s, books, classroom training, etc…

Drug and Alcohol Company Policy • Employers are required to have a detailed written company policy to meet the requirements of Part 382. 601

Retention of Records 2 & 1 Year Requirements • Two Years – Records related to the collection process and required training. • One Year – Negative and canceled controlled substance test results. – Alcohol test results indicating a BAC of less than 0. 02.

Websites • Federal Motor Carrier Safety Administration – www. fmcsa. dot. gov • Office of Drug and Alcohol Policy Compliance – www. dot. gov/ost/dapc

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