• Employers who operate CMVs that require a CDL are required to set up a DOT drug and alcohol testing program for drivers.

When considering a Department of Transportation (DOT) drug and alcohol testing program under the Federal Motor Carrier Safety Administration (FMCSA), the first questions employers must ask are:

• Whether a company is subject to the regulations, and
• Which employees within the organization should be included, if the company is required to have a program.

If a company is required to have a DOT drug and alcohol testing program, it must also look at which drivers must be in a motor carrier’s DOT drug and alcohol testing program.

As part of this consideration, look at the vehicles used for business. If a company operates commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL), the company must set up a DOT drug and alcohol testing program. The term “commercial motor vehicle” used in 382.103, Applicability, is cross-referencing the definition in 382.107, which parallels the description requiring a CDL in Part 383.