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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
Can the SAP direct that an employee be tested for both alcohol and drugs for the return-to-duty test and during the follow-up testing program? FMCSA-D&A-382.605-Q12 Drug & Alcohol Testing – Return-to-Duty and Follow-up Testing for Both Drugs and Alcohol
Question 14: If a company has several employees in follow-up testing, can those employees be placed into a follow-up random testing pool and selected for follow-up testing on a random basis? FMCSA-D&A-382.605-Q14 Drug & Alcohol Testing – Follow-up Testing
Question 15: What actions are to occur if an employee tests positive while in the follow-up testing program? FMCSA-D&A-382.605-Q15 Drug & Alcohol Testing – Follow-up Testing
Question 16: Can an SAP recommend that six follow-up tests be conducted in less than six months and then be suspended after all six are conducted? FMCSA-D&A-382.605-Q16 Drug & Alcohol Testing – Follow-up Testing Period
Question 17: Can you clarify the DOT’s intent with respect to a SAP's determination that an individual needs education? FMCSA-D&A-382.605-Q17 Drug & Alcohol Testing – SAP Referral to Education Program
Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May the SAP provide direct treatment services or refer the individual to services provided by a treatment facility with which he FMCSA-D&A-382.605-Q18 Drug & Alcohol Testing – Conflict of Interest in SAP Referrals
Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available? FMCSA-D&A-382.605-Q19 Drug & Alcohol Testing – SAP In-person Evaluation
Question 20: May an employee who tests positive be retained in a non-driving capacity? FMCSA-D&A-382.605-Q20 Drug & Alcohol Testing – Employees Who Test Positive
Question 21: Are foreign motor carriers required to have an employee assistance program? FMCSA-D&A-382.605-Q21 Drug & Alcohol Testing – Referring Driver to Substance Abuse Professional
Question 13: Can random testing be substituted for required follow-up testing? FMCSA-D&A-382.605-Q13 Drug & Alcohol Testing – Random Testing in Lieu of Follow-up Testing