Introduction 
As a manager of a transportation company regulated by the Federal Motor Carrier Safety Administration (FMCSA), you may wonder how to best write your DOT drug test policy. Your responsibility extends beyond mere operational efficiency. Ensuring the safety of your drivers and the public requires strict adherence to regulations governing substance abuse. This article provides a detailed guide on how to develop a comprehensive substance abuse policy that complies with § 382.601, covering all necessary requirements for educational materials and procedural protocols.
General Requirements
Your DOT drug testing policy must adhere to regulations as outlined in 49 CFR Part 40, which includes procedures for testing, types of substances tested for, and protocols for dealing with positive test results or violations. It applies to all safety-sensitive transportation employees who require a CDL for operating commercial motor vehicles on public roadways.
Educational Materials Distribution
The cornerstone of compliance is your educational materials that thoroughly explain the requirements of § 382.601 and your company’s policies and procedures for meeting these requirements. It is imperative to:
1. Distribute Materials to Drivers: Provide these materials to each driver before they undergo drug or alcohol testing or are assigned a safety-sensitive duty. Ensure newly hired or transferred drivers who will operate a commercial motor vehicle receive training on these materials as part of their on-boarding procedures.
2. Notify Employee Organizations: Offer written notice to representatives of employee organizations about the availability of these educational materials.
Required Content of Educational Materials
Your educational materials must comprehensively address each of the following components to ensure your drivers are fully informed about your substance abuse policy and the regulatory expectations:
1. Designated Employer Representative(s): Clearly identify the person(s) designated to answer any driver questions regarding the educational materials, including their names and contact information. These individuals should be readily accessible and knowledgeable about your substance abuse policies and have the authority to enforce the policy.
2. Driver Categories Subject to the FMCSA Regulations: Specify which categories of drivers are subject to the provisions of § 382.601. This typically includes all drivers operating commercial motor vehicles over 26,000 lbs. gross weight and/or any size vehicle that carries a hazardous material placard or any vehicle that transports 16 or more passengers (including the driver).
3. Safety-Sensitive Functions: Provide detailed information about the safety sensitive functions drivers perform. Clarify the periods during which drivers must comply with substance abuse regulations, ensuring there is no ambiguity about when they are required to be substance-free.
4. Prohibited Conduct: Enumerate the specific behaviors prohibited under §382.601. This includes any use of alcohol or controlled substances that violates regulatory standards, especially during safety-sensitive duties.
5. Testing Circumstances: Describe the situations in which drivers will be tested for alcohol and controlled substances. This includes but is not limited to preemployment testing, post-accident testing as detailed in § 382.303(d), random testing, reasonable suspicion testing, Return-to-duty testing and follow-up testing.
6. Testing Procedures: Explain the procedures for testing, emphasizing measures taken to protect drivers, ensure testing integrity, and validate results. Detail post-accident protocols, procedures, and instructions as specified in § 382.303(d).
7. Requirement to Submit to Testing: Explicitly state that drivers must comply with all alcohol and controlled substances tests administered in accordance with §382.601.
8. Refusal to Submit: Define what constitutes a refusal to submit to a test and outline the consequences of such a refusal of a drug or alcohol test. This includes any evasive actions or failures to comply with testing protocols.
9. Consequences for Violations: Clearly outline the repercussions for drivers who violate subpart B of § 382.601, including: Immediate removal from safety sensitive functions as required under part 40, subpart O, including evaluation and possible treatment by a substance abuse professional (SAP) and reporting their actions to the FMCSA drug and alcohol Clearinghouse.
10. Alcohol Concentration Consequences: Specify the consequences for drivers who test positive with an alcohol concentration between 0.02 and 0.04. These may include temporary removal from duty and other disciplinary actions and reporting the positive test to the Clearinghouse.
11. Effects of Substance Use: Educate drivers on the adverse effects of alcohol and controlled substances on their health, work performance, and personal life. Include information on recognizing signs of substance abuse in themselves and coworkers and provide methods on how to self-refer or report drug use in the workplace and information on intervention and assistance programs.
12. Clearinghouse Reporting Requirements: Inform drivers that certain personal information must be reported to the FMCSA Clearinghouse, including verified positive drug test results, alcohol confirmation tests with a concentration of 0.04 or higher, refusals to submit to tests, actual knowledge of violations, such as on duty or pre-duty alcohol use, and use following an accident and completion of the return-to-duty process and follow-up testing.
Optional Provisions
While not mandated, you may choose to include additional company policies regarding the use of alcohol or controlled substances. If you implement any such policies, clearly distinguish them as being based on your company’s authority and not as part of the FMCSA regulations.
Certificate of Receipt
To ensure compliance, each driver must sign a statement certifying they have received and understood the educational materials. Maintain these signed certificates as part of your records and consider providing copies to the drivers for their reference. These materials need to be given to them before they are assigned a safety-sensitive function.
