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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
Question 10: Can an employee receive the follow-up from an SAP who did not conduct the initial SAP evaluation? FMCSA-D&A-382.605-Q10 Drug & Alcohol Testing – Initial and Follow-up SAP Evaluations
Is it necessary for an owner-operator, who is not leased to a motor carrier, to belong to a consortium for random testing purposes? FMCSA-D&A-382.305-Q11 Guidance on owner-operator joining consortium
Question 11: Who is responsible for reimbursing the SAP for services rendered? Who is responsible for paying for follow-up testing recommended by the SAP? FMCSA-D&A-382.605-Q11 Drug & Alcohol Testing – Payment for SAP Services and Follow-up Testing
Guidance on employer joining consortium FMCSA-D&A-382.305-Q12 Guidance on employer joining consortium
Is it permissible to combine the drivers from the subsidiaries of a parent employer into one pool, with the parent employer acting as a consortium? FMCSA-D&A-382.305-Q13 Guidance on combining the drivers from the subsidiaries of a parent employer into one random pool
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