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Testing drivers for the presence of alcohol is required by Part 382 of the Federal Motor Carrier Safety Regulations (FMCSRs).
The regulations require post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing for drivers who are required to hold a commercial driver’s license (CDL).
Post-accident testing is required when the criteria for testing have been met in accordance with 382.303 when operating a commercial motor vehicle (CMV) requiring a CDL. In post-accident testing, the use of police alcohol tests may be used in lieu of a motor carrier test where police will make results available.
The minimum annual testing rate for random alcohol testing is 10 percent, meaning that the number of alcohol tests completed by the end of the calendar year must equal at least 10 percent of a company’s average number of drivers for the year.
When performing an alcohol test:
Procedures for administering the test are outlined in Part 40, beginning at 40.211. The procedure for using an alcohol screening device begins at 40.229.
Drivers who fail an alcohol test, or violate the prohibitions against using alcohol, must:
The employer must advise the driver of resources available in resolving an alcohol misuse problem. Alcohol testing does not have to be done in conjunction with a driver’s medical examination, although the medical examiner could order a non-DOT test for purposes of 391.41(b)(13).