• Supervisors who request DOT reasonable suspicion drug or alcohol tests based on observed behaviors and/or physical signs must be trained.
• Employers can train supervisors through classroom training, online courses, computer-based programs, reading materials, and video presentations.

Motor carriers are subject to Department of Transportation (DOT) drug and alcohol testing requirements if employees operate commercial motor vehicles requiring a commercial driver’s license (CDL). The operators of these vehicles are performing safety-sensitive functions. One provision within Part 382 is supervisor training. This training in 382.603 is required for the individual who is requesting a DOT reasonable suspicion test (382.307). If someone is not trained, the person is not qualified to request the test based on observations.

Who is a supervisor?

It is important to identify supervisory personnel. In the trucking industry, this is especially difficult because the dispatcher does not have contact with the driver after the truck leaves the terminal and is often not present when the driver returns. The regulations prohibit reasonable suspicion from being based on third-party reports. Therefore, it is important that people who are placed in positions of responsibility for assessing employee fitness be well informed as a part of the training, particularly about the limitations imposed by the regulations.

How can a motor carrier avoid potential safety risks when drivers have so little face-to-face contact with an immediate supervisor? Consider:

• Expanding the company’s definition of supervisor. There is no reason that other management and administrative personnel cannot be trained as driver supervisors, empowering them to perform the observations needed for reasonable suspicion.
• Developing a policy for observations made by others. By having a company policy detailing the non-DOT consequences for drivers who are reported to be under the influence of drugs or alcohol, employers can deal with a situation before it arises. (Remember: A test would not be allowed under DOT unless the driver’s trained supervisor was able to make the observations directly.) It is important that any policies created for actions under a company’s independent authority are within the confines of state and local privacy, labor, and drug/alcohol testing laws. Consider having an attorney review any non-DOT actions.

How is training performed?

The drug and alcohol testing regulations do not address the medium required to train a supervisor on reasonable suspicion. Options may include classroom training, online courses, computer-based programs, reading materials, and video presentations. The material may be provided by a vendor or created by the employer.

The rules also do not require a facilitator to train the supervisor. The employee could work independently to complete the course materials.

What should be included in supervisor training?

Unlike most of the Federal Motor Carrier Safety Administration’s (FMCSA) regulations — where the requirements are strictly spelled out — the exact content of and degree of detail in the training is left up to the motor carrier.

The FMCSA requires that supervisors have at least one hour of training on controlled substances use and an additional hour of training on alcohol misuse. Based on how the regulation (382.603) is worded, the two topics must be kept separate.

The training must cover the specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver that lead a supervisor to approaching the driver and requesting the test type. Those who develop training programs will detail the signs and symptoms of alcohol use and the drugs identified in the DOT definition (40.85) including marijuana, cocaine, amphetamines, opioids, and phencyclidine (PCP).

Recurrent training is not required. In addition, a driver supervisor who received the required reasonable suspicion training does not have to retake the training when the person assumes a driver supervisor role for another carrier. The new employer, however, will need proof of supervisory training in order to forego training at its company.