What are the regulations that direct employers to implement a drug and alcohol testing program?
FMCSA: 49 CFR Part 382 and DOT 49 CFR Part 40
FRA: 49 CFR Part 219 and DOT 49 CFR Part 40
FAA: 14 CFR Part 121 and DOT 49 CFR Part 40
FTA: 49 CFR Part 655 and DOT 49 CFR Part 40
PHMSA: 49 CFR Part 199 and DOT 49 CFR Part 40
USCG: 46 CFR Part 4, 5, and 16 and DOT 49 CFR Part 40 (Drug Testing Only)
What are the types of tests conducted?
Pre-Employment
Random
Post Accident
Reasonable Suspicion
Return to Duty
Follow Up
Periodic (For USCG only)
Post Serious Marine Incident (for USCG only)
What drugs are being tested for in a DOT Drug and Alcohol Testing Program?
Marijuana
Cocaine
Amphetamines
Opiates
Phencyclidine (PCP)
How long does it take to get a result?
The client generally receives the result 24 to 72 hours after the lab has received it and the result has been reported to the MRO.
Do supervisors with commercial driver’s licenses (CDLs) need to be in the random drug testing program even if they have the license just in case we need them to drive?
Yes. According to the regulations for Federal Motor Carrier Safety, if they are available to perform safety sensitive functions they must be in the Drug and Alcohol Testing Program.
I have a few employees with CDLs that hardly ever drive vehicles 26,001 lbs or more, do they need to be in the random drug testing program?
Yes. If they available to drive they must be in the Drug and Alcohol Testing Program according to the FMCSA (Federal Motor Carrier Safety Administration) regulations.
I have an employee that was removed from the random testing pool because he was out of work for 3 months. Does he need have a drug test before returning to work?
Yes. Any employee under the FMCSA regulations must have a pre-employment drug test if they have been out of the random pool for more that 30 days. As the employer, you must have a verified negative result before the employee can return to safety sensitive work.
Does the same rule apply to an employee who has been out of work due to a violation of the DOT drug and alcohol regulations?
Employees that have been out of work due to a violation of DOT drug and alcohol regulations must have a negative drug test before returning to safety sensitive duties. However, this is called a return to duty drug test.