Driver (CDL) - FMCSR Part 382

Drivers required to have a CDL within interstate and intrastate transportation and for for-hire and private companies are subject to controlled substance and alcohol testing rules.

The following are types of alcohol and controlled substance tests:

Pre-employment - An employer must not allow a driver to perform a safety sensitive function until they have received a negative controlled substance test result.

Random - Companies may randomly test drivers at a minimum annual percentage of 10% of the number of drivers for alcohol testing and 50% for controlled substances. Testing can occur prior, during, or immediately following a safety-sensitive function. All drivers must have an equal chance of being selected.

Post-Accident - After an accident involving a motor vehicle on a public highway, employers must test each surviving driver:

Who was performing safety-sensitive functions concerning the vehicle
If the accident involved the loss of human life
Who receives a citation under State or local law for a traffic violation regarding the accident

If the accident causes bodily injury and the injured person receives medical treatment away from the scene, or one or more motor vehicles incur disabling damage as a result of the accident, employers must perform an alcohol and drug test as soon as practical.

Reasonable Suspicion - If the employer has reasonable suspicion to believe that the driver has violated the prohibitions concerning alcohol or controlled substances, the employer can require a driver to submit to an alcohol or controlled substance test. A trained official shall make required observations in accordance with §382.603.

Return-to-Duty - A driver must undergo this type of test after engaging in conduct prohibited by Subpart B of 382. Test results must indicate an alcohol concentration of less than 0.02 or a controlled substances test with a negative result.

Follow-up - A follow-up testing plan must be carried out with a minimum of six tests to be conducted in the first 12 months and the possibility of the driver being subject to this test for a maximum of 60 months.

Retention of records regarding testing must be held for five years if test results were positive or held an alcohol concentration of 0.02 or greater; two years for random selection, reasonable testing documentation, post accident, and medical explanation for inadequate samples; one year for records of negative, cancelled, or alcohol concentrations of less than 0.02.

Additionally, the FMCSA has recently announced a final rule that establishes a national drug and alcohol clearinghouse for commercial truck and bus drivers. After the clearinghouse is established, motor carrier employers will be required to query the system to determine whether a current or prospective employee violated drug or alcohol testing requirements that prohibit them from operating a CMV.

The final rule also requires employers, medical review officers, third-party administrators, and other substance abuse professionals to report information about drivers who meet any or all of the following conditions: