Follow-up alcohol and drug testing

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 382.311 — Follow-up testing
• 49 CFR 40.307 — What is the SAP’s function in prescribing the employee’s follow-up tests?
• 49 CFR 40.309 — What are the employer’s responsibilities with respect to the SAP’s directions for follow-up tests?

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 motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
    • Designed to transport 16 or more passengers, including the driver; or
    • Of any size and is used in the transportation of hazardous materials as defined in 383.5.
• Designated employer representative (DER): An individual identified by an employer as able to receive communications and test results from service agents.
• Safety-sensitive function: All time from the time a driver begins work or is required to be in readiness to work until the time the driver is relieved from work and all responsibilities for performing work. Safety-sensitive functions shall include:
  • All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
  • All time inspecting equipment as required by 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
  • All time spent at the driving controls of a commercial motor vehicle in operation;
  • All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this sub-chapter);
  • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
  • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
• Substance abuse professional (SAP): A person who evaluates drivers who have violated a Department of Transportation (DOT) drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Summary of requirements

The SAP:

• Must establish a written follow-up testing plan for the driver. A copy of the plan must be presented directly to the motor carrier’s designated employer representative (DER).
• Is the sole determiner of the number and frequency of follow-up tests and whether these tests will be for drugs, alcohol, or both.
  • The driver is subject to a minimum of six unannounced follow-up tests in the first 12 months of safety-sensitive duty following the driver’s return to safety-sensitive functions. The SAP may require additional follow-up tests during the first 12-month period, and may require additional follow-up tests for an additional 48 months following the first 12-month period. A driver may be subject to follow-up testing for up to 60 months (5 years).
  • Other than the six follow-up tests in the first 12 months, the SAP may modify the follow-up testing requirements prescribed.
• May not set specific dates for the follow-up tests. The employer must set the dates, but must ensure that there isn’t a pattern to the timing of the tests and that the driver isn’t given advance notice.

The motor carrier:

• May not impose additional testing requirements that go beyond the SAP’s follow-up testing plan;
• Must carry out the SAP’s follow-up testing requirements;
• May not let a driver continue to perform safety-sensitive functions unless follow-up testing is conducted as directed by the SAP;
• May not substitute another type of test (random, post-accident) for a follow-up test;
• May not count a canceled follow-up test as a completed test, and must instead send the driver for a recollection.

Should the driver change employers or not work in safety-sensitive functions, the requirements of the SAP’s follow-up testing plan still apply.