Notice of Enforcement Policy Issued March 8, 2023 (Re Drug & Alcohol Clearinghouse—DUI in a CMV)

FMCSA-D&A-CLEAR-NEP(2023-03-08)

NOTICE OF ENFORCEMENT POLICY March 8, 2023

Introduction

Under this Enforcement Policy, if a commercial driver’s drug or alcohol violation is based on an employer’s “actual...

FAQs for Notice of Enforcement Policy Issued March 8, 2023 (Re Drug & Alcohol Clearinghouse—DUI in a CMV)

FMCSA-D&A-CLEAR-NEP-FAQS(2023-03-08)

FAQs for Notice of Enforcement Policy Issued March 8, 2023 (Re Drug & Alcohol Clearinghouse—DUI in a CMV)  

Question 13: Can random testing be substituted for required follow-up testing?

Drug & Alcohol Testing – Random Testing in Lieu of Follow-up Testing

Section § 382.605: Referral, evaluation, and treatment.

Question 13: Can random testing be substituted for required follow-up testing?

Guidance: Follow-up testing is...

Question 21: Are foreign motor carriers required to have an employee assistance program?

Drug & Alcohol Testing – Referring Driver to Substance Abuse Professional

Section § 382.605: Referral, evaluation, and treatment.

Question 21: Are foreign motor carriers required to have an employee assistance program?

Guidance: No...

Question 20: May an employee who tests positive be retained in a non-driving capacity?

Drug & Alcohol Testing – Employees Who Test Positive

Section § 382.605: Referral, evaluation, and treatment.

Question 20: May an employee who tests positive be retained in a non-driving capacity?

Guidance: Yes. Before an employee returns to...

Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available?

Drug & Alcohol Testing – SAP In-person Evaluation

Section § 382.605: Referral, evaluation, and treatment.

Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available?

...

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

Drug & Alcohol Testing – Conflict of Interest in SAP Referrals

Section § 382.605: Referral, evaluation, and treatment.

Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May...

Question 17: Can you clarify the DOT’s intent with respect to a SAP's determination that an individual needs education?

Drug & Alcohol Testing – SAP Referral to Education Program

Section § 382.605: Referral, evaluation, and treatment.

Question 17: Can you clarify the DOT’s intent with respect to a SAP's determination that an individual needs education?

...

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?

Drug & Alcohol Testing – Follow-up Testing Period

Section § 382.605: Referral, evaluation, and treatment.

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...

Question 15: What actions are to occur if an employee tests positive while in the follow-up testing program?

Drug & Alcohol Testing – Follow-up Testing

Section § 382.605: Referral, evaluation, and treatment.

Question 15: What actions are to occur if an employee tests positive while in the follow-up testing program?

Guidance: Employees testing...