DOT
All CDL drivers operating commercial motor vehicles (CMVs) (greater than 26,000 GVWR, or transporting more than 16 passengers, including the driver, or placarded hazardous materials) on public roadways must be DOT drug and alcohol tested. This applies to any driver required to possess a CDL, including those employed by Federal, State, and local government agencies, “owner operators,” and equivalently licensed drivers from foreign countries. Part-time drivers must also be included in an employer’s drug and alcohol testing program. Drivers who only operate CMVs on private property not open to the public do not require testing.
CDL drivers are subject to each of the following types of tests:
Pre-Employment – New drivers must be drug tested with a negative result before an employer can permit them to operate a CMV on a public road. Alcohol testing is permitted only if it applies to all CDL drivers. If a driver is removed from a random testing pool for more than 30 days, the driver must again be pre-employment tested.
Post-Accident – CDL drivers must be drug and alcohol tested whenever they are involved in a fatal accident or receive a traffic citation resulting from an injury or vehicle-disabling accident. The alcohol test must occur within 8 hours, and the drug test must occur within 32 hours.
Random Testing – CDL drivers are subject to unannounced random testing. A driver may be directed to take a drug test even when at home in an off-duty status. Random alcohol testing may only occur when the driver is on-duty or immediately before or after. Once notified to report for random testing, the driver must immediately report to the testing location. A delayed arrival may be considered a refusal (see 49 CFR 40.191), which is equivalent to testing positive.
Reasonable Suspicion – DOT-trained supervisors can direct a driver to be drug or alcohol tested whenever he or she exhibit signs of drug or alcohol abuse. The decision must be based on observations concerning the appearance, behavior, speech, or body odors of the driver.
Return-to-Duty – Return-to-duty tests require “direct observation” as prescribed in 49 CFR 40.67. They are only required after an employee has completed the “return-to-duty” process, before returning to perform a safety sensitive function (i.e., driving CMVs). They may replace the pre-employment test for “positive” tested and “refusal” drivers.
Follow-Up – Follow-up drug and alcohol tests are required as prescribed by the substance abuse professional (SAP) who signs the return-to-duty report. They consist of a minimum of at least six unannounced directly observed tests conducted during the first 12 months following the return-to-duty test. The SAP can prescribe follow-up testing for a maximum of 5 years for drivers who have tested “positive” or “refused to test.” Follow-up testing is in addition to any selections for random testing.
Consequences
✔ A positive drug test result, an alcohol concentration of .04 or more or a refusal requires the driver to be immediately removed from operating any CMV on public roadways. The employer must provide the driver with a list of acceptable SAPs from which to choose to begin the “return-to-duty” process. This process must be completed before a driver who has tested positive, or refused a drug test, can legally return to driving CMVs for any employer, including an owner operator.
✔ The impact of testing positive or refusing to test can be devastating for the driver’s family. It often results in extended periods of unemployment, due to the time necessary to complete the “return-to-duty” process with a qualified SAP and the tendency of employers not to hire drivers with drug or alcohol histories.
✔ Even after completing the “return-to-duty” process and finding employment, the additional return-to-duty and follow-up testing often adds increased stress and financial strain on the driver.