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

Although the driver has a legal prescription, he/she may be disqualified if the medication could adversely affect the driver's ability to drive a CMV safely.

Last Updated : April 1, 2014

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

Last Updated : May 20, 2015

No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). Accordingly, a driver may not use marijuana even if is recommended by a licensed medical practitioner.

Last Updated : October 23, 2017

Provigil (Modafinil) is a medication used to treat excessive sleepiness caused by certain sleep disorders. These sleep disorders are narcolepsy, obstructive sleep apnea/hypopnea syndrome and shift work sleep disorders. Provigil has severalconcerning side effects such as chest pain, dizziness, difficulty breathing, heart palpitations, irregular and/or fast heartbeat, increased blood pressure, tremors or shaking movements, anxiety, nervousness, rapidly changing mood, problems with memory, blurred vision or other vision changes to name a few. Many drugs interact with Provigil which include over-the-counter medications, prescription medications, nutritional supplements, herbal products, alcohol containing beverages and caffeine. The use of Provigil needs careful supervision. Provigil may affect concentration, function or may hide signs that an individual is tired. It is recommended that until an individual knows how Provigil affects him/her, they may not drive, use machinery or do any activity that requires mental alertness.

Last Updated : April 1, 2014

Does the legalization of the use and possession of marijuana by a State, or other country that has drivers who operate in the United States, change the treatment of marijuana use under federal regulations applicable to drivers operating a commercial motor vehicle (CMV) (as defined in 49 CFR § 390.5)?

No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the application of U.S. Department of Transportation (DOT) drug testing regulations in 49 CFR parts 40 and 382. (See https://www.transportation.gov/odapc/medical-marijuana-notice and https://www.transportation.gov/sites/dot.gov/files/docs/odapc-notice-recreational-mj.pdf.)

Last Updated : October 23, 2017

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

Employer Requirements for Positives: Medical Review Officers (MROs) are required to maintain a signed or stamped and dated copy of Copy 2 of the control custody form (CCF) for positive drug test determinations. Are employers subject to the same requirement?

MRO record retention requirements for drug test results are found at §40.163.  Pursuant to §382.401, employers must maintain certain drug and alcohol testing records for five (5) years, including positive drug test results. Employers may maintain these records electronically so long as they are able to produce the records for inspection pursuant to §390.31.

Last Updated : May 14, 2015

Part 382 requires that random testing be spread reasonably throughout the calendar year. [§382.305(k)(2)]  Random tests must be unannounced. Further answers on random test selection may be found at the Office of Drug and Alcohol and Policy (ODPAC) ODAPC’s Best Practices for DOT Random Drug and Alcohol Testing.

Last Updated : May 20, 2015

A Medical Review Officer (MRO) is a licensed physician responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for test results. More information on MROs is available online at http://www.dot.gov/ost/dapc/mro.html.

Medical Examiner means a person who is licensed, certified, or registered, in accordance with applicable State laws and regulations to perform physical examinations. This includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses and doctors of chiropractic.

Last Updated : April 1, 2014

Yes, under 49 CFR  § 382.305 question 8, the driver must be in DOT random for each employer they are employed with.

Last Updated : May 20, 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

Process and Payment for Split Specimen Test: If a driver makes a timely request for a split-specimen test within 72 hours after being notified by the Medical Review Officer (MRO) of a positive DOT drug test, and the driver cannot cover the cost of the split-specimen test, will the split-specimen test proceed without payment?

Yes, the employer must pay the cost of the split-specimen test so that the test proceeds in a timely manner as required by 49 CFR § 40.173  Part 40 provides that an employer may seek reimbursement for full or partial costs of the split-specimen test through company policy or a collective bargaining agreement, but the regulations take no position on who ultimately pays the cost of the test.  See 49 CFR § 40.171 (a) and  § 40.173 (b) (c).

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

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