Guidance to companies receiving solicitations from companies providing DOT drug and alcohol testing services.

Question

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 have at least an hour of controlled substance abuse and 1 hour alcohol misuse training pursuant to 49 CFR §382.307 (e.g. reasonable suspicion training). Is this a legitimate notice and is my company required to get training from the company that sent this solicitation?

Answer

The Federal Motor Carrier Safety Administration does not send notices to motor carriers entitled, “Urgent Compliance Notice” and has been made aware of companies that attempt to solicit business from newly registered motor carriers by creating an appearance that they are affiliated with FMCSA. If your company is subject to the requirement for DOT supervisor training, you are under no obligation to get such training from the company that sends a solicitation.  Motor carriers that do not operate vehicles that require a CDL-licensed driver are not subject to the DOT Drug and Alcohol testing rules or the requirement for DOT supervisor training. See 49 CFR 382.103.  If you have any questions or concerns about a notice that your company received, you can contact FMCSA. For additional information, please see http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/us-department-transportation-dot-drug-alcohol-supervisor-training.