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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
What post-accident alcohol and drug testing requirements are there for U.S. employer’s drivers involved in an accident occurring outside the U.S.? FMCSA-D&A-382.303-Q04 Guidance on whether post-accident testing is required for U.S. employer’s drivers involved in an accident occurring outside the U.S.
Question 2: Does §382.601 require employers to provide educational materials and policies and procedures to drivers after the initial distribution of required educational materials? FMCSA-D&A-382.601-Q02 Drug & Alcohol Testing – Educational Materials on Alcohol Misuse and Controlled Substances Use
When a driver works for two or more employers, in whose random pool must the driver be included? FMCSA-D&A-382.305-Q08 Guidance on including in the random pool drivers who work for two or more employers
What post-accident alcohol and drug testing requirements are there for foreign drivers involved in accidents occurring outside the United States? FMCSA-D&A-382.303-Q05 Post-accident drug testing requirements for foreign drivers
Question 1: Does §382.603 require employers to provide recurrent training to supervisory personnel? FMCSA-D&A-382.603-Q01 Drug & Alcohol Testing – Training for Supervisors
After what period of time may an employer remove a casual driver from a random pool? FMCSA-D&A-382.305-Q09 Guidance on when an employer may remove a casual driver from the random pool
Question 2: May an employer accept proof of supervisory training for a supervisor from another employer? FMCSA-D&A-382.603-Q02 Drug & Alcohol Testing – Proof of Supervisory Training
If an employee is off work due to temporary lay-off, illness, injury or vacation, should that individual’s name be removed from the random pool? FMCSA-D&A-382.305-Q10 Guidance on including employees who are temporarily off work in the random pool
Question 3: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee? FMCSA-D&A-382.603-Q03 Drug & Alcohol Testing – Reasonable Suspicion Testing and Training Requirements Applicable to Owner-Operators
Question 9: Is an employer obligated to return an employee to safety-sensitive duty following the SAP's finding during the follow-up evaluation that the employee has demonstrated successful compliance with the treatment recommendation? FMCSA-D&A-382.605-Q09 Drug & Alcohol Testing – Employee’s Compliance with Treatment Recommendation