D.O.T. MANDATORY DRUG AND ALCOHOL TESTING REQUIREMENTS

October, 1991
Omnibus Transportation Employee Testing Act of 1991 was signed into law.

March, 1994
Final rules addressing drug and alcohol testing became effective for more than 7 million employees with safety sensitive responsibilities. These rules set forth requirements for mandatory testing, prohibitions against use of alcohol and drugs, testing procedures, recordkeeping requirements, and training requirements.

January 1, 1995
Employers with 50 or more drivers were to implement drug and alcohol testing requirements. 

January 1, 1996
Employers with fewer than 50 drivers, even individual owner/operators, were to implement drug and alcohol testing requirements.

March 15, 1996
Date on which California Highway Patrol will begin actual inspection and enforcement of drug and alcohol testing requirements

KEY ISSUES

Applicability
Applies to all employees with commercial drivers license. 

Prohibitions
Can not perform safety sensitive job functions if the employee=s blood alcohol content is 0.04 or greater, or the employee receives a positive result on drug test. Can not perform safety sensitive job functions for 24 hours if blood alcohol is greater than 0.02, but less than 0.04. Safety sensitive job functions include any work on, in or around a commercial motor vehicle, such as driving, repairing, or loading a commercial motor vehicle. 

Controlled Substances (Drugs) Required for Testing
There are five groups of controlled substances that must be tested for and include: marijuana, cocaine, opiates (morphine and codeine), amphetamines, and phenylcyclidene (PCP).

Required Testing
There are six types of tests required under the Act. They include: pre-employment (drugs only), post-accident, reasonable suspicion, random, return-to-duty, and follow-up tests. Random testing requires that 25% of all employees be tested for alcohol, and 50% must be tested for controlled substances on an annual basis.

Testing Procedures
Alcohol testing must be performed by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing device (EBT). All drug urinalysis must be a split sample and performed by a laboratory certified by the Department of Health and Human Services.

Training
Supervisor must receive at least 60 minutes of training on the misuse of alcohol and 60 minutes of drug misuse and abuse.

Consortium
The regulation do allow for a unique way to implement your testing program by joining a consortium, which would allow companies to join together to pool testing. The minimum requirements still apply.



382.101 Purpose.
The purpose of this part is establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol and use of controlled substances by drivers of commercial motor vehicles.

382.103 Applicability
(a). This part applies to every person who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to the commercial driver's license requirements of part 383 of this subchapter.

382.501 Removal from safety-sensitive function.
(a) Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of anther DOT agency.

 

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