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Regulatory Guidance

Welcome to the FMCSA Guidance Portal. This web portal is a searchable, indexed database that contains and links to all guidance documents in effect from the Federal Motor Carrier Safety Administration. The guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract.

To comment on any guidance document, or to request issuance, reconsideration, modification, or rescission of any guidance document, please identify the guidance document in your request and send it to: FMCSAguidance@dot.gov. NOTE: The FMCSAguidance mailbox is not intended to serve as a mailbox for general inquiries. For inquiries that go beyond the limited purpose of the FMCSAguidance mailbox, please call FMCSA's Information Line (800-832-5660) or visit FMCSA's "Contact Us" page to send your inquiry to the appropriate mailbox.

Subject Agency Identifier Topic Issued Date
Requirements for Positives or Refusals: A CDL driver tests positive, or refuses to take, a DOT drug or alcohol test. What must the driver do to be able to resume performing safety sensitive functions, such as operating any type of commercial motor vehicle FMCSA-D&A-382.503-FAQ001 Guidance about the return-to-duty requirement.
If an employee performs safety-sensitive functions for two different employers, is the employee subject to each of the employer’s DOT drug and alcohol testing programs. FMCSA-D&A-382.305-FAQ005 Provides guidance for employers working for two DOT covered employers.
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 ... FMCSA-D&A-382.103-FAQ006 Guidance to companies receiving solicitations from companies providing DOT drug and alcohol testing services.
Testing Pool Inclusions: Can an employer include in the DOT random testing pool non-CDL drivers who operate motor vehicles weighing less than 26,001 pounds? FMCSA-D&A-382.305-FAQ007 Guidance on whether non-DOT covered employees may be placed in the DOT random testing pool.
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. FMCSA-D&A-382.305-FAQ010 Guidance clarifying that a driver shall only be tested for alcohol while, just before, or just after the driver performs safety-sensitive functions.
Multiple Locations and Random Testing: Can an employer make random drug and alcohol testing selections by terminal if the company has multiple locations? FMCSA-D&A-382.305-FAQ006 Guidance on how to handle the random testing of employees in different locations or terminals.
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 FMCSA-D&A-382.301-FAQ001 Guidance on whether identifying the wrong DOT mode on the Custody and Control Form for a preemployment test would result in the test being cancelled and recollection required.
Management of Drug and Alcohol Testing: Does an employer have to join a consortium in order to have its drivers random drug tested or can the drug and alcohol program be managed by the employer? FMCSA-D&A-382.305-FAQ004 Clarifies the need of employer with only one driver to join a consortium.
Can a consortium/third party administrator (service agent) make the determination that an owner-operator has refused a DOT drug or alcohol test? FMCSA-D&A-40.355-FAQ001 Guidance on C/TPA determination of test refusal by owner-operator
Frequency of Selection: How often should selections take place under an employer’s random testing program? FMCSA-D&A-382.305-FAQ003 Guidance that random testing programs must be spread reasonably throughout the calendar year.