USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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
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.
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.
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.
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.
Random Testing Selection Period: A motor carrier conducts a DOT random test on a driver that was selected in the fourth quarter of the year, but the test was not verified by the medical review officer (MRO) until the next year. What year does this DOT ran FMCSA-D&A-382.305-FAQ008 Guidance on when to report a random test that has been collected at the end of the year, but verified the following year.
Part-Time Drivers: Do part-time CDL drivers need to be in an employer’s DOT random testing pool? FMCSA-D&A-382.305-FAQ009 Guidance clarifies the applicability of the DOT drug and alcohol random testing requirements for part-time drivers.
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.
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.
Supervisor Training: Do I need to train my CDL driver supervisors to recognize physical, behavioral, speech, and performance indicators of drug use or alcohol misuse? FMCSA-D&A-382.603-FAQ001 Guidance about the supervisory training required for reasonable suspicion testing.
The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation? FMCSA-D&A-40.193-FAQ001 Guidance on what happens when an employee does not provide sufficient urine for a drug test.