Drivers of Commercial Motor Vehicles (CMVs) that require a Commercial Driver's License (CDL) and their employers are subject to the USDOT's Drug and Alcohol Testing regulations found in 49 CFR Parts 40 and 182. (Subject Vehicles include Tractor Trailers, Box Trucks, Dump Trucks, Hot Shots, Passenger Vans, Motorcoaches, School Buses, Government-operated vehicles, etc.)
PRE-EMPLOYMENT DRUG TESTS- Employers must receive a negative pre-employment drug test for each newly hired CDL-driver before allowing them to operate a commercial motor vehicle.
RANDOM TESTING PROGRAM- Employers of CDL drivers must enroll their company in a DOT-compliant Random-Drug and Alcohol Testing Consortium or maintain an in-house DOT-compliant Random Drug and Alcohol Testing Program.
DRUG AND ALCOHOL CLEARINGHOUSE- Employers of CDL drivers must register with the Federal Motor Carrier Safety Administration's (FMCSA's) CDL Drug and Alcohol Clearinghouse as of January 6, 2020.
Pre-Employment Query- Beginning January 6, 2020, Employers must conduct a "pre-
employment" query through the Clearinghouse on every newly hired CDL driver before allowing the driver to operate a commercial motor vehicle. Employers must receive electronic consent from the driver through the Clearinghouse before receiving information from a pre-employment query.
Employers cannot use a driver that refuses to allow a Pre-employment Clearinghouse Query nor a driver that has any unresolved Drug or Alcohol compliance issues in the Clearinghouse.
Annual Query- Employers must conduct an Annual Query through the Clearinghouse on their entire fleet of drivers every 12 months.
Clearinghouse Reporting- Employers must report violations of the DOT's Drug and
Alcohol regulations by a driver, of which they have knowledge to the Clearinghouse. i.e. Positive Test, Refusal to Test
REMOVAL OF DRIVERS - Employers must immediately remove drivers that test positive or refuse a DOT-required Drug Test from a "safety-sensitive function" which includes driving a commercial motor vehicle.
Drivers cannot return to a safety-sensitive function, which includes driving a commercial motor vehicle, until the driver has entered the DOT's Return-to-duty process which starts with a session with a Substance Abuse Professional (SAP) and includes passing a Return-to-Duty Drug Test.
Employers must immediately remove drivers that blow .02 or higher BAC on a DOT-required alcohol test from a safety-sensitive function, which includes driving a commercial motor vehicle.
Drivers that blow at least .02, but less than .04 BAC must be removed from a safety-sensitive function, including driving a commercial motor vehicle, for at least 24 hours.
Drivers that blow .04 or higher on an alcohol test cannot return to a safety-sensitive function, including driving a commercial motor vehicle, until the driver has entered the DOT's Return-to-Duty process, which starts with a session with a Substance Abuse Professional (SAP).
ADDITIONAL REQUIREMENTS- Employers can view a comprehensive list of compliance requirements in the section of this site entitled "Summary of USDOT Drug and Alcohol Testing Regulations"
The regulations pertaining to Drug and Alcohol Testing are listed in 49 CFR Parts 40 and 382 which can be found at www.fmcsa.dot.gov .
PRE-EMPLOYMENT DRUG TEST- CDL Drivers may not operate a commercial motor vehicle for a new employer until the employer has received a negative pre-employment drug test for the driver.
PRE-EMPLOYMENT CLEARINGHOUSE QUERY- CDL Drivers may not operate a commercial motor vehicle for a new employer until the employer has conducted a "pre-employment" query on the driver through the CDL Drug and Alcohol Clearinghouse.
SUBMISSION TO TEST- Drivers must immediately proceed to take any DOT-required drug or alcohol test when instructed by their employer to do so.
ADDITIONAL REQUIREMENTS- Drivers can view a comprehensive list of compliance requirements in the section of this site entitled "Summary of USDOT Drug and Alcohol Testing Regulations"
The regulations pertaining to Drug and Alcohol Testing are listed in 49 CFR Parts40 and 382 which can be found at www.fmcsa.dot.gov .