The Federal Motor Carrier Safety Administration (FMCSA), along with the Department of Transportation (DOT),

requires that person subject to the commercial driver 0080 u0099s license (CDL) requirements and their employers follow alcohol and drug testing rules.

These rules include procedures for testing, frequency of tests, and substances tested for.

WHO'S IMPACTED?

  • Anyone employing CDL drivers to operate commercial motor vehicles (CMVs) on public roads
  • CDL drivers who operate CMVs on public roads
  • Interstate motor carriers
  • Intrastate motor carriers
  • Federal, State, and local governments
  • Civic organizations (disabled veteran transport, boy/girl scouts, etc.)
  • Faith-based organizations

RESOURCES FOR DRIVERS

While it is the responsibility of your employer to provide you with information on drug and alcohol testing programs,

it is still ultimately your responsibility to obey all rules and regulations in order to keep our roadways safe.

Drivers of CMVs can learn about drug and alcohol rules, types of tests required and their rights, responsibilities, and requirements here.

RESOURCES FOR EMPLOYERS

As an employer, you have a responsibility to implement and conduct drug and alcohol testing programs.

Learn about drug and alcohol rules and how they affect your business here.

*An employer who employs himself/herself as a driver must comply with requirements of 49 CFR Part 382 that apply to both employers and drivers.

RESOURCES FOR SERVICE AGENTS

Service agents that administer drug and alcohol tests can find general information and other resources here.

Guidance on Drug and Alcohol Supervisor Training


 OVERVIEW OF DRUG AND ALCOHOL RULES


WHAT CDL DRIVERS NEED TO KNOW


The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.

For example, whether you are an airline employee covered by FAA rules or a trucking company driver covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry.

Since the early 1990s, the Federal Motor Carrier Safety Administration (FMCSA) and its predecessor agency has defined drug and alcohol testing rules and regulations for employees who drive commercial trucks and buses that require a commercial driver's license (CDL). These regulations identify who is subject to testing, when they are tested and in what situations. The regulations also impose privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information. The FMCSA controlled substances and alcohol use and testing regulations can be found at 49 CFR Part 382.