If a driver has been removed from a DOT random testing pool for more than 30 days, the employer must give the driver a pre-employment test and a negative test result must be received before the driver may operate a commercial motor vehicle (CMV). If less than 30 days has passed since the driver was under the DOT random testing program, the employer may re-employ the driver without a pre-employment drug test.  This situation only applies to employment with the same employer.  [§382.301, Question 3]

Last Updated : May 15, 2015

Requirements While Not Performing Safety-Sensitive Functions: A CDL driver is selected for a random drug test and the employer directs the driver to be tested when he was (off duty) not performing a safety-sensitive function. The collection site instructs the driver to submit to a random drug test and a random alcohol test. The driver tests positive for the random alcohol test. Is the driver required to undergo the return-to-duty process before performing safety sensitive duties again as a result of the positive alcohol test?

No, 49 CFR 382.305(m) states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” As such, the test was improper. The driver does not have to complete the return-to-duty process. The employer must cancel the improper alcohol test, documenting for the record the circumstances resulting in the cancellation.

Last Updated : May 20, 2015

There is no Federal prohibition resulting from a driver testing positive on a non-DOT drug test. 49 CFR §40.13 requires that DOT and non-DOT testing be completely separate.

Last Updated : May 20, 2015

Return-to–duty/Pre-employment Testing: What type of DOT tests must an employer provide in order to hire a driver who has completed the referral and evaluation process with a SAP, but still needs a return-to-duty test before the driver may perform a safety-sensitive function?

An employer may give the driver a single DOT drug test that will meet both the requirements of §382.301(pre-employment test) and §382.309 return-to-duty test (RTD).  [§382.309, Question 1]. But the single test must be characterized as a DOT return-to-duty and conducted under direct observation.. In other words, a DOT RTD will suffice for a DOT pre-employment test, but a DOT pre-employment test will not suffice for a DOT RTD test

Last Updated : May 20, 2015

No. Once a SAP has evaluated a driver’s condition, neither the driver nor the employer can seek a new evaluation to try and receive another recommendation. If the employee has obtained a second SAP evaluation, the employer may not rely on it for any purposes. [§40.295]

Last Updated : May 20, 2015

Self-Admission: A driver admits to a company official they have used a controlled substance as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test, however, the self-admission does not meet the criteria under 49 CFR § §382.121 ( a) (1-4)382.121 (a) (1-4) or the employer does not have a qualified voluntary self-identification program under 49 CFR §382.121 (b). Does this trigger a DOT Evaluation and the return-to-duty process?

Yes. If an employee admission does not fall under 49 CFR §382.121 , then by default the admission provides the employer with “actual knowledge” of drug or alcohol use, which triggers a DOT SAP return-to-duty process under Part 382, Subpart B.

Last Updated : May 20, 2015

A USDOT number usually applies to the company, not a particular branch office or vehicle. Generally the corporate office or headquarters should register the company, and should inform its branches of the USDOT number. For companies with multiple branches, maintaining proper registration with the FMCSA requires good communication between the corporate headquarters and the terminal offices. The company's headquarters then can then interact with the FMCSA to ensure that all of its branches are properly accounted for.

Shy Bladder: A CDL driver could not provide enough urine for the random test within thee hours of his/her first unsuccessful attempt. The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation?

In this situation, referred to as a “shy bladder,”  the driver has up to five days to obtain an evaluation from a licensed physician that contains a medical reason for the failure to provide a urine sample that would be acceptable to the medical review officer (MRO).  The MRO must receive a copy of the evaluation and related medical records, and will decide whether the test is cancelled or declared a refusal.  The regulations governing this process, including individual responsibilities are found in 49 CFR §40.193 and §40.195.

Last Updated : May 20, 2015
 

A driver's best chance of survival is remaining conscious and in place behind the wheel of his/her truck. Wearing a safety belt greatly reduces your chance of sustaining injuries, and increases your chances of survival.

Last Updated : April 15, 2014

Mexico-domiciled drivers are not required by Mexico to prepare Records of Duty Status while operating in Mexico but they are subject to hours of service limitations and must record their hours of work.  The Secretaría de Comunicaciones y Transportes (SCT) regulates motor carrier operations in Mexico. You might want to consult the SCT web site for more information on hours of service and record keeping while in Mexico.

Last Updated : September 8, 2015

The Secretaría de Comunicaciones y Transportes (SCT) regulates truck traffic in Mexico and it has established a program to allow U.S. motor carriers to provide long haul trucking services.   The requirements for registering and contact information may be found on the SCT web site.

Last Updated : September 8, 2015

Employers are required to provide employees who have engaged in prohibited conduct, as addressed in 49 CFR Part 382, Subpart B, with contact information for SAPs and counseling and treatment programs. [§382.605, Question 4]

Last Updated : May 20, 2015

Yes.  Unless you are an owner-operator employing yourself as the only driver [§382.603, Question 3], you must ensure that all supervisors that are designated to supervise CDL drivers undergo a one-time 2-hour training requirement.  The training, at minimum, must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which enables supervisors to recognize signs of drug and alcohol use that support §382.307 reasonable suspicion testing.

Last Updated : May 20, 2015

No, an employer may not include non-CDL drivers in the DOT random testing pool. Please see 49 CFR § 40.347 (B) (2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who operates a CMV, as defined in § 382.107, in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part 383,.  An employer may perform testing beyond that required by the DOT rules, but the employer may not represent such testing as a DOT test and must place non-DOT covered employee drug and alcohol testing in a pool that is completely separate from the DOT covered testing pool.  See §382.305 Question15.

Last Updated : May 20, 2015

The Custody and Control Form for a pre-employment DOT test mistakenly indicated that the test was conducted pursuant to the Federal Railroad Administration’s (FRA) authority. The form should have indicated that the employee was a CDL-driver, being tested pursuant to FMCSA authority. Does this procedural error require the employee to have another pre-employment drug/alcohol test?

No, the driver does not need to be retested.  So long as the driver was tested in accordance with Part 40 and the test did not contain any flaws addressed in §40.201 or §40.203, or the error does not have a significant adverse effect on the rights of the employee to have a fair and accurate test, a new test is not needed. [§40.209(b)(1)]

Last Updated : May 20, 2015

The rule applies to intermodal equipment providers (IEPs) and to motor carriers and drivers operating intermodal equipment (IME).

Last Updated : April 4, 2014

The only change is the addition of the MAP-21 definition for “covered farm vehicle” under 49 CFR 390.5. The definitions for “agricultural commodity” and “farm supplies for agricultural purposes” in § 395.2 were not amended by MAP-21. Source: 78 FR 16189, March 14, 2013.

Last Updated : May 8, 2014

For HMSP carriers with insufficient data to calculate a percentile in SMS - those who rarely undergo roadside inspections and have a safety rating over 4 years old - FMCSA will conduct comprehensive investigation to calculate a percentile in SMS during any month of the current 48-month period. 

Last Updated : July 29, 2015

• The FMCSA will work with its State and local partners to ensure they understand their enforcement authority against motor carriers and drivers that fail to abide by roadway signs
• The FMCSA will work with its State partners and the truck and bus industries to distribute the Agency’s visor card “GPS Selection Guide for CMVs”
• The Agency will also work with commercial driver training school associations to encourage them to include electronic navigation system selection information in their training programs.
• FMCSA will consider electronic navigation system selection as it prepares to move forward with the entry-level driver training rule required by the Moving Ahead for Progress in the 21st Century (MAP-21) reauthorization legislation

Last Updated : April 3, 2014

You must comply with the terms and conditions of the exemption. This information is provided to you.

Last Updated : April 1, 2014