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Testing drivers for the presence of controlled substances is required by Part 382 of the Federal Motor Carrier Safety Regulations. The regulations require pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing.
Drivers of commercial motor vehicles (CMVs) that require a commercial driver’s license (CDL) to operate must be included in their carrier’s Part 382 Drug Testing Program. There are six types of DOT drug tests:
Testing procedures. Procedures for administering drug tests are outlined in Part 40, beginning at 40.31. The procedures require laboratory analysis of the specimen for the presence of drugs. Only laboratories certified by the Department of Health and Human Services (HHS) may be used. An updated listing of the certified laboratories is published by the agency every month.
Consequences of a drug violation. Drivers who fail a drug test, or violate the prohibitions against using drugs, must be removed from safety-sensitive functions. The employer must advise the driver of resources available in resolving a drug abuse problem. The violation is reported to the CDL Drug and Alcohol Clearinghouse by the medical review officer (MRO), or by the employer in certain instances (refusal to test, actual knowledge).
The driver must be evaluated by a SAP who will determine what assistance the driver needs. Before a driver is sent for a return-to-duty drug test, the SAP must:
In order to return to duty,:
The driver must also submit to at least six unannounced follow-up tests performed under direct observation in the first 12 months following return to duty.