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

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

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

A driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner.
If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic, or any other habit forming drug, The driver is medically unqualified.

There is an exception: the prescribing doctor can write that the driver is safe to be a commercial driver while taking the medication. In this case, the Medical Examiner may, but does not have to certify the driver.

Any anti-seizure medication used for the prevention of seizures is disqualifying.

The Medical Examiner has 2 ways to determine if any medication a driver uses will adversely affect safe operation of a CMV:

1. Review each medication - prescription, non-prescription and supplement
2. Request a letter from the prescribing doctor

Last Updated : September 18, 2017

All drivers that operate a commercial motor vehicle, as defined in 49 CFR §382.107, which requires a driver holding a commercial driver’s license, are subject to the Drug and Alcohol testing requirements in 49 CFR Parts 40 and 382. (See 49 CFR §383.3). This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. See federal register notice on leased drivers.

Last Updated : July 9, 2019

Federal Motor Carrier Safety Administration regulations can be found in the Code of Federal Regulations, part 49, sections 300-399.

You can access the official version of current FMCSA regulations on our regulations web page. Look under "Related Links" for other regulations that may affect motor carrier operations, such as drug and alcohol regulations (section 40) and hazardous materials program procedures (section 107).

An up-to-date, unofficial version of the regulations can be found on the eCFR site.

To access previous versions of the Code of Federal Regulations (including 49 CFR 300-399) by year, back to 1996, go to the US Government Printing Office (GPO) FDsys site and select the year, then the part/section you want. If you need older versions, please contact your local library, which may have access to earlier versions of the CFR in print or online.

Proposed and final rules amending regulations (and other regulatory documents) are published daily in the Federal Register, also on the GPO website.

Recent regulatory documents published by FMCSA can be found on our "Rulemaking Documents" page.

Regulatory documents (including proposed and final rules and notices) for the FMCSA and other government agencies can be found on the Regulations.gov website. You can submit comments on proposed and final rules at this site.