MANDATORY DRUG AND ALCOHOL TESTING REQUIREMENTS
Omnibus Transportation Employee Testing Act of 1991 was signed into law.
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
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
Applies to all employees with commercial drivers license.
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
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).
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.
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.
Supervisor must receive at least 60 minutes of training on the misuse of
alcohol and 60 minutes of drug misuse and abuse.
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.
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.
(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.