Drug and alcohol policy

Scope

These regulations apply to all people who operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 382.601 — Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
  • Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or
  • Is designed to transport 16 or more passengers, including the driver; or
  • Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
• Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
• Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.

Summary of requirements

These materials must be provided to each driver and written notice of the availability of these materials must be provided to union representatives. These materials must be distributed prior to the start of alcohol and drug testing. All drivers must sign a receipt that they have received a copy of the materials. Information on the following twelve areas must be included in the materials:

1. The name of the person designated by the employer to answer driver questions about the materials;
2. The categories of drivers who are subject to the provisions of Part 382;
3. Sufficient information about the safety–sensitive functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance with Part 382;
4. Specific information concerning driver conduct that is prohibited;
5. The circumstances under which a driver will be tested for alcohol and/or drugs under Part 382;
6. The procedures that will be used to test for the presence of alcohol and drugs, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
7. The requirement that a driver submit to alcohol and drug tests administered in accordance with Part 382;
8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;
9. The consequences for drivers found to have violated Subpart B, including the requirement that the driver be removed immediately from safety–sensitive functions, and the procedures under 382.605;
10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;
11. Information concerning:
    • The effects of alcohol and drug use on an individual’s health, work, and personal life;
    • Signs and symptoms of an alcohol or drug problem (the driver’s or a co–worker’s); and
    • Available methods of intervening when an alcohol or drug problem is suspected, including confrontation, referral to any employee assistance program and or referral to management.
12. Information collected and maintained in the CDL Drug and Alcohol Clearinghouse:
    • A verified positive, adulterated, or substituted drug test result;
    • An alcohol confirmation test with a concentration of 0.04 or higher;
    • A refusal to submit to any test required by Subpart C of Part 382;
    • An employer’s report of actual knowledge, as defined at 382.107:
      • On duty alcohol use pursuant to 382.205;
      • Pre-duty alcohol use pursuant to 382.207;
      • Alcohol use following an accident pursuant to 382.209;
      • Controlled substance use pursuant to 382.213;
    • A substance abuse professional (SAP as defined in 40.3) report of the successful completion of the return-to-duty process;
    • A negative return-to-duty test; and 
    • An employer’s report of completion of follow-up testing.

Optional provision. The materials may also include information on additional employer policies with respect to the use or possession of alcohol or drugs. These additional policies must be clearly identified as based on the employer’s independent authority.

It is recommended as a best practice that any revisions to a DOT drug and alcohol testing policy be distributed to the drivers prior to the implementation date, and a new receipt signed by the driver be collected as documented proof.