Federal Motor Carrier Safety Administration

1. Federal Motor Carrier Safety Administration Controlled Substances and Alcohol Testing

2. Part 382 • Requires employers and drivers to establish and participate in a controlled substance and alcohol testing program.

3. Applicability: Part 382 • Persons who operate a commercial motor vehicle in intra or interstate commerce • Gross vehicle weight rating of 26,001 and above or, • Vehicle is designed to transport 16 or more passengers including the driver

4. Types of Alcohol and Controlled Substances Testing Required • Pre-employment testing ONLY for controlled substances (382.301) • Employer MAY (not required), to conduct pre-employment alcohol testing (382.301(d)) • Post-Accident testing (382.303) • Random testing (382.305) • Reasonable Suspicion testing (382.307) • Return-to-Duty testing (Part 40, Subpart O, moved from 382.309) • Follow-up testing (Part 40, Subpart O, moved from 382.311)

5. Types of Drugs • Marijuana • Cocaine • Amphetamines • Phencyclidine (PCP) • Opiates

6. Pre-Employment Testing • New Hires • Layoffs, Work-Comp • Negative Results prior use • Results must go to a Certified Laboratory • Negative Results paperwork retained for one year

7. Post Accident Testing • Criteria: Must have been involved in a DOT recordable accident AND • The driver was cited for a moving violation • Drug and alcohol testing must take place within 32 hours

8. Random Testing • Calendar year • 10% for alcohol • 50% for drugs • Must report for testing or considered a “positive” result • Testing and Selections should take place during four quarters

9. Reasonable Suspicion Testing • Supervisors must receive required training • Document behavior and actions

10. Return to duty and follow up testing • Applies only to the drivers who have tested positive, fulfilled their SAP requirements and are returning to work as a driver. • Must have “negative” RTD test • Subject to a minimum of (6) tests in the first 12 months

11. Previous Employment Drug and Alcohol Check • Employee written consent • Request that previous employer answer yes/no to the (5) required questions. • Answers must be received within 30 days of employment • Retain questionnaire in DQ or Drug and Alcohol testing file

12. Retention of Records5-Year Requirement • Alcohol test results indicating a BAC of 0.02 or greater • Verified positive drug test results • Refusals to submit to required tests • Required calibration of breath testing devices

13. Drug and Alcohol Training • Employer must provide educational materials • Certificate a receipt must be retained on file • Video’s, books, classroom training, etc…

14. Drug and Alcohol Company Policy • Employers are required to have a detailed written company policy to meet the requirements of Part 382.601

15. Retention of Records 2 & 1 Year Requirements • Two Years • Records related to the collection process and required training. • One Year • Negative and canceled controlled substance test results. • Alcohol test results indicating a BAC of less than 0.02.

16. Websites • Federal Motor Carrier Safety Administration • www.fmcsa.dot.gov • Office of Drug and Alcohol Policy Compliance • www.dot.gov/ost/dapc

17. QUESTIONS ????