“Actual knowledge” is defined in §382.107 and means that an employer has knowledge that a driver has used alcohol or controlled substances based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee’s admission of alcohol or controlled substance use, except as provided in §382.121.  Direct observation as used in this definition means “observation of alcohol or controlled substances use” while a driver is subject to performing a safety-sensitive function, “and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under §382.307.”

Last Updated : May 13, 2015

Yes, however, the selection of an alternate driver for random testing is only permissible if the primary driver selected will not be available for testing for the entire selection period because of long-term absence due to layoff, illness, injury, vacation or other circumstances.  Please see [§382.305, Question 18].

Last Updated : May 20, 2015

Motor carriers submit MIS drug and alcohol reports to FMCSA upon FMCSA request.  Every motor carrier shall prepare and maintain their previous year’s drug and alcohol MIS report in a safe and secure location, with controlled access, and make them available for inspection when requested by authorized personnel. These records should be maintained for a period of 5 years.  See 49 CFR §382.403 for more information. Every year FMCSA randomly selects a group of motor carriers to report their MIS results. If you are selected, you will receive a notice with a username and password to file your previous year’s MIS drug and alcohol results online. If you are notified by FMCSA to report your previous year’s MIS results, you are required to formally submit your MIS drug and alcohol results to FMCSA.  See §382.403 reporting of alcohol and controlled substances testing program results in a management information systems. FMCSA expects a 100% response rate from motor carriers selected to report their previous year’s drug and alcohol testing results Motor carriers that don’t respond to the notice requesting submission of MIS results may be subject to civil penalties of up $1,000 dollars per day that the motor carrier fails to comply.

Last Updated : May 14, 2015

Yes,  Drivers for government agencies who operate vehicles that require aCDL, and are not otherwise exempted in §382.103(d) are subject to DOT drug and alcohol testing.

The statutory definition of “employer” for Part 382, applies to any person including the United States, a State or a political subdivision of a State, and the District of Columbia, that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.  §382.103(c) specifically provides that the exceptions from certain Federal Motor Carrier Safety Regulations for Federal, State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements in Part 382.  The only exceptions to the requirements of part 382 are found in §382.103. 

Last Updated : May 14, 2015

Yes, Please see 49 CFR § 40.355 (j) (1)

Last Updated : May 20, 2015

Driving School Applicability: Is a person who is attending a truck driving school, and does not yet have a commercial learner’s permit or CDL, required to complete the return-to-duty process if they test positive on a DOT pre-employment test at the school?

Persons who do not have a commercial learner’s permit or CDL are not subject to the DOT drug and alcohol testing program.  Therefore a drug test performed by the driving school on a student that does not possess a commercial learner’s permit or CDL does not qualify as a DOT pre-employment test and the student would not be subject to the DOT return-to-duty process.

Truck driving schools/employers must include prospective student drivers that possess a commercial learner’s permit or CDL in their DOT testing program before such drivers are allowed to operate a CMV that requires a CDL.  See §382.103, Question 2.

Last Updated : May 14, 2015

Yes, but the new employer must immediately resume the follow-up testing requirements prescribed by the substance abuse professional (SAP)  [§40.307(e)]

Last Updated : May 14, 2015

Yes. FMCSA has authority to investigate service agents’ compliance with Parts 40 and 382 as required by Part 40. [§40.331]  Under the Moving Ahead for Progress in the 21st Century Act, P.L. 112-141 (MAP-21), Congress expanded FMCSA’s civil penalty enforcement authority to include service agent violations of alcohol and drug testing requirements under 49 CFR. [See(MAP-21, Sec. 3402, new 31306a(f)(2) & (k)(1)

Last Updated : May 14, 2015

If an employer has more than one CDL driver/employee subject to DOT drug and alcohol testing, the employer may manage its random testing program.  Companies with only one CDL driver (e.g., owner-operators) who are not leased to another motor carrier, are required to place the driver in a consortium for random testing purposes. [§382.305, Question 11]

Last Updated : May 20, 2015

Yes. If a random selection is done based on locations or terminals, a two-stage selection process must be utilized. The first selection would be made by the locations and the second selection would be of those employees at the location(s) selected. The selections must ensure that each employee in the pool has an equal chance of being selected and tested, no matter where the employee is located. [§382.305, Question 7]

Last Updated : May 20, 2015

Q. My company received a communication entitled, “Urgent Compliance Notice” which states that our company is not in compliance with DOT Drug and Alcohol training requirements and will be subject to civil penalties up to $10,000, if our supervisors do not have at least an hour of controlled substance abuse and 1 hour alcohol misuse training pursuant to 49 CFR §382.307 (e.g. reasonable suspicion training). Is this a legitimate notice and is my company required to get training from the company that sent this solicitation?

A. The Federal Motor Carrier Safety Administration does not send notices to motor carriers entitled, “Urgent Compliance Notice” and has been made aware of companies that attempt to solicit business from newly registered motor carriers by creating an appearance that they are affiliated with FMCSA If your company is subject to the requirement for  DOT supervisor training, you are under no obligation to get such training from the company that sends a solicitation.  Motor carriers that do not operate vehicles which require a CDL-licensed driver are not subject to the DOT Drug and Alcohol testing rules or the requirement for DOT supervisor training.  If you have any questions or concerns about a notice that your company receives, you can contact FMCSA. For additional information, please see http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/us-department-transportation-dot-drug-alcohol-supervisor-training.

Last Updated : May 20, 2015

Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s license (CDL) drivers. The vehicle has only been driven a few times by a family friend, who is not an employee and has driven the vehicle as a favor absent any compensation. Does our company need a DOT drug and alcohol testing program to test this occasional driver?

Yes.  In accordance with §382.103, your company must implement a DOT drug and alcohol program for all drivers operating a commercial motor vehicle (CMV) that requires the driver to possess a commercial driver’s license (CDL).  Section §382.107 defines “Driver” as “any person who operates a commercial motor vehicle.”  This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.  Your company must either cease all operations of the CMV on public roads, or implement a DOT drug and alcohol testing program for any driver before he/she may operate the vehicle, regardless of whether driver compensation is involved.

Last Updated : May 20, 2015

Yes, all CDL drivers of CMVs must be included in the DOT random pool at all times. [§382.305, Question 2]

Last Updated : May 20, 2015

The regulations do not address how a SAP should be compensated. [§382.605, Question 11] The DOT has left discussions regarding payment to employer policies and to labor-management agreements.  

Last Updated : May 20, 2015

Yes, 49 CFR 382.501(c) provides that drivers who are disqualified pursuant to Part 382 are prohibited from operating both a CMV as defined in §382.107 (over 26,000 pounds), and as defined in §390.5 (over 10,000 pounds and operated in interstate commerce) and may be disqualified under § 391.41(12), (13).

Last Updated : May 20, 2015

Yes, any person operating a CMV requiring a CDL in intrastate or interstate commerce is required to participate in a DOT Drug & Alcohol Testing Program. Please see § 382.305 question 11  . Owner-operators must register with a consortium and participate in the Consortium’s random testing pool. A Consortium/Third-Party Administrator (C/TPAs) is an entity  that manages all, or part, of an employer's DOT drug and alcohol testing program - See more at: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-are-consortiumthird-party-administrators#sthash.xu4XJbe0.dpuf. Suggestions on how to find a DOT consortium are provided  below.

Please be advised, FMCSA does not approve or endorse C/TPAs (e.g. service agents).

Suggestions on how to find a consortium and participate in a DOT Drug and Alcohol Program:

Ø  Conduct internet search and type in the key words Consortium DOT Drug & Alcohol Testing owner-operator.

Ø  Seek advice from motor carrier industry or trucking related organizations in your area.

Search the yellow pages.
For additional questions please refer to The Office of Drug and Alcohol Policy and Compliance (ODAPC) FAQS.

Last Updated : May 16, 2018

Answer:  No.

If the driver admits only off-duty alcohol abuse, the motor carrier may require the driver to undergo a medical evaluation pursuant to § 391.45 ( c ). If the medical examiner (ME) determines the driver has a current diagnosis of alcoholism, the ME will disqualify the driver, under 49 CFR § 391.41(b)(13). In order for the driver to be considered for re-certification, the driver will have to successfully complete an employee assistance program (EAP) and demonstrate they do not have a current diagnosis of alcoholism. This determination should be made by a qualified medical examiner. 

Last Updated : March 31, 2016

Random Testing Selection Period: A driver that was selected in the first quarter but was tested on April 4. Is the motor carrier in violation for not testing the driver in the selection period they were selected, since the first quarter selection runs from January 1 to March 31? Also, does this random test count towards the first quarter or second quarter?

Yes, the motor carrier is in violation because the driver was not tested in the selection period he/she was selected, as is required by 49 CFR § 382.305(i)(3).  However, the test will count towards the motor carrier meeting their minimum random testing requirements of 25% for DOT random controlled substance testing and 10% for DOT random alcohol testing. Please see 49 CFR § 382.305(b)(1)(2).

Last Updated : March 31, 2016

A CDL driver who tests positive on a DOT test or refuses to take a DOT test, must successfully complete the return-to-duty (RTD) process with a DOT qualified substance abuse professional (SAP).  The requirements for the RTD are found in [49 CFR Part 40, Subpart O]

Last Updated : May 20, 2015

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