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Glossary U.S. Department of Transportation

Slide 1
Controlled Substances and Alcohol use Testing Regulations
Driver's Version

Slide 2
Overview

This presentation is designed to educate drivers on FMCSA controlled substance and
alcohol testing regulations in order to help prevent accidents and injuries resulting
from the misuse of alcohol or the use of controlled substances by commercial motor
vehicle (CMV) drivers.

Slide 3
CRITICAL INFORMATION

Employers are REQUIRED to check your job history. Not properly following the
guidelines can result in:

  • You not being allowed to work in the U.S.
  • Termination of your current employment
  • Lessening your chances for future employment


Slide 4
Additional Information

  • Attached to each slide of this presentation are specific notes which include where you can view detailed information.
  • Your employer should be able to provide you with further information as well.

Slide 5
APPLICABILITY

Regulations apply to employers and drivers who operate CMVs in the U.S. and are subject to:

-Commercial driver's license requirements
-Licencia Federal de Conductor requirements
-Commercial driver's license requirements of the Canadian National Safety Code


Slide 6
PROHIBITIONS

  • Alcohol Concentration
  • On-duty use
  • Pre-duty use
  • Use following an accident

Slide 7
USE OF CONTROLLED SUBSTANCE

If a controlled substance is used:

  • Driver shall not report to or remain on duty
  • Employer will not permit driver to perform safety sensitive functions

Driver may be required to inform the employer of any therapeutic drug use

Slide 8
CONTROLLED SUBSTANCE TESTING

  • Three types of traffic control devices:
    1. Pavement Markings
    2. Traffic Signals
    3. Signs


Slide 9
IMMEDIATE REMOVAL FROM DUTY

Employer will immediately remove a driver from duty after receiving:

  • Positive drug test results
  • Verified adulterated or substituted drug test results
  • Alcohol test greater than .04


Slide 10
TEMPORARY REMOVAL

Employer will temporarily remove a driver from duty after receiving:

  • Alcohol test between 0.02 and 0.39
  • A diluted specimen
  • Invalid drug test requiring 2nd collection under direct observation

Slide 11
CONSEQUENCES FOR SUBSTANCE USE RELATED CONDUCT

  • No driver with an alcohol concentration between 0.02 and 0.04 shall drive for at least 24 hours after the test is given
  • No employer shall take any action against a driver based on test results showing an alcohol concentration of less than 0.04


Slide 12
REQUIRED TESTS

  • Pre-employment (Controlled Substances Test only)
  • Post Accident
  • Random
  • Reasonable Suspicion
  • Return to Duty
  • Follow-Up


Slide 13
REFUSAL TO SUBMIT

  • No driver shall refuse to submit to a required test
  • No employer shall permit a refusing driver to perform safety sensitive functions


Slide 14
PRE-EMPLOYMENT TESTING

The driver shall not perform a safety sensitive function, like driving, until a negative controlled substance test result is received.


Slide 15
PRE-EMPLOYMENT TESTING

  • Your employer MUST ask you about pre-employment tests or refusals during the previous two years in which you did not obtain a job
  • If you have had any positive tests or refusals, you MUST have documented completion of the return-to-duty process


Slide 16
POST-ACCIDENT TESTING

Each surviving CMV driver shall test for alcohol and controlled substances as soon as possible after an accident in the U.S

Slide 17
RANDOM TESTING

  • Every driver shall submit to random alcohol and controlled substance testing.
  • All drivers must have an equal chance of being selected by a valid method, such as:
    - Random number table
    - Computer based random number


Slide 18
REASONABLE SUSPICION TESTING

A driver MUST submit to an alcohol and/or controlled substances test if there is
reasonable suspicion that the prohibitions concerning alcohol and/or controlled
substances are violated.


Slide 19
REASONABLE SUSPICION TESTING

Suspicion MUST be based on a Supervisor's specific observations concerning the driver's:

  • Behavior
  • Speech
  • Body odor (such as marijuana or alcohol)


Slide 20
RETURN-TO-DUTY TESTING

Before returning to duty after engaging in prohibited conduct, an employer must ensure that:

  • Driver's return-to-duty alcohol test indicates an alcohol concentration of less than 0.02
  • Driver's return-to-duty controlled substances test indicates a negative result


Slide 21
FOLLOW-UP TESTING

  • Substance Abuse Professional will set up follow-up testing plan
  • A minimum of 6 tests MUST be conducted in the first 12 months
  • Driver may be subject to testing for a maximum of 60 months

Slide 22
CONTROLLED SUBSTANCES

Laboratories MUST test for:

  • Marijuana
  • Cocaine
  • Opiates
  • Amphetamines
  • Phencyclidine (PCP)

Slide 23
EMPLOYER OBLIGATIONS

Your employer shall provide materials explaining the regulation requirements and the company's policies regarding alcohol misuse and controlled substances abuse.


Slide 24
IN CONCLUSION

Remember; your employer cannot change these rules and you must live by them if you want to keep your job.

Thank you for your time and attention.