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The Federal Motor Carrier Safety Regulations (FMCSRs) require a driver to submit to an alcohol or drug test when the motor carrier has reasonable suspicion to believe the driver has violated the drug and alcohol prohibitions in Part 382, Subpart B.
This regulation applies 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.
The motor carrier’s reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the driver’s:
Only one supervisor or company official who is trained in accordance with 382.603, is required to make the observations necessary to require a test. All people designated to supervise drivers receive a minimum of:
Alcohol Testing | Drug Testing | |
---|---|---|
When is Testing Allowed? | Observation must be made:
| Observation may be made at any time the driver is at work for the motor carrier. |
Additional Considerations | The person who makes the determination that reasonable suspicion exists must not conduct the alcohol test. | Observations may include indications of the chronic and withdrawal effects of controlled substances. |
Documentation | A written record of the observations which led to the reasonable suspicion alcohol and/or drug test must be prepared and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results of the alcohol and/or drug tests are released, whichever is earlier. |
If a reasonable suspicion alcohol test is not administered within:
If reasonable suspicion is observed but a reasonable suspicion test has not yet been administered, a driver shall not perform safety-sensitive functions until:
The regulations do not give the employer authority to take any action, other than stated above, against a driver based solely on the driver’s behavior and appearance with no test result. However, the employer may take other action independent of Federal Motor Carrier Safety Administration (FMCSA) regulatory authority.