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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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Drug and Alcohol Testing Types

Below are types of testing required under 49 CFR Part 382.

Pre-employment Testing

Pre-employment testing is among the most-cited of all FMCSA safety regulations. A verified negative test result must be present before using the driver in a safety-sensitive function for the first time.

DOT pre-employment drug screen required of:

  • New employees/employers just starting to use CMVs that require CDLs
  • Employees transferring into CDL positions
  • A driver who has not been in a DOT program in the past 30 days (new hire, rehire, layoff, LOA)

Pre-employment testing is not required:

  • Of non-CDL positions at a motor carrier
  • During mergers/acquisitions with no break in driver’s employment
  • When the motor carrier’s name changes
  • When a driver transfers from one division or subsidiary providing they share the same USDOT number
  • If the driver qualifies for the exception in §382.301(b)

Random Testing

The FMCSA requires drivers who operate CMVs that require a commercial driver's license (CDL) to be subject to random drug and alcohol testing.

Many of the requirements with regard to random testing are the same for both alcohol and drug testing. Two areas in which the regulations differ deal with the random testing rate and the time period when the test may be conducted. The random draw is required to be pulled from a pool of affected drivers.

Testing rates are based on average number of driver positions:

  • 50% tested for drugs annually
  • 10% tested for alcohol annually

Testing time frames:

  • Alcohol test: A driver shall only be tested while the driver is performing safety–sensitive functions, immediately prior to performing, or immediately after performing safety–sensitive functions.
  • Drug test: Drug testing may be performed at any time while the driver is at work for the employer. The driver may be doing clerical or mechanical repair duties at the time of notification by the employer.

View Random Test Requirements

Post-Accident Testing

Post-accident testing is required as soon as practicable following an accident involving a CMV on a public road, in commerce when:

  • The accident involves a fatality
  • The driver receives a citation under state or local law for a moving traffic violation from an accident that involved:
    • Injury requiring medical treatment away from the scene
    • One or more vehicles incurring disabling damage and having to be towed from the scene

Testing time frames:

  • Alcohol test: when a required controlled substances test has not been administered within a reasonable timeframe following the accident, the following action must take place:
    • If the driver has not submitted to an alcohol test within 2 hours, the employer must prepare and maintain on file a record stating the reason a test was not promptly administered.
    • If the driver has not submitted to an alcohol test within 8 hours, cease attempts to administer the test and prepare and maintain the record described above.
  • Drug test: if the driver has not submitted to a drug test within 32 hours, the employer must cease attempts to administer the test, and prepare and maintain a record stating why.
  • General: A driver who is subject to post accident testing must remain available for testing, or the employer may consider the driver to have refused to submit to testing. The driver may continue to drive after the accident, pending the results of the post-accident tests, so long as no other restrictions are imposed by law enforcement officials or the reasonable-suspicion testing regulations. The driver subject to post-accident testing must refrain from drinking alcohol for 8 hours following the accident, or until he/she submits to an alcohol test, whichever comes first.

View Post-Accident Testing Flowchart

Return-to-Duty Testing

Return-to-duty testing must be performed according to Part 40, Subpart O. In the event a return-to-duty test is required, the driver must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed. Tests do not need to be confined to the substance involved in the violation if a SAP determines it is important to test for other substances.

Testing time frames:

  • Alcohol test: After engaging in prohibited conduct regarding alcohol misuse, the driver shall undergo a return-to-duty alcohol test before performing a safety-sensitive function. The test result must indicate a breath alcohol concentration of less than 0.02.
  • Drug test: After engaging in prohibited conduct regarding drug use, the driver shall undergo a return-to-duty drug test before performing a safety-sensitive function. The test result must indicate a verified negative result for drug use. Return-to-duty drug tests must be conducted under direct observation.

Follow-Up Testing (Part 40, Subpart 0)

Generally, if a substance abuse professional (SAP) determines that a driver needs assistance resolving problems associated with alcohol or drug use, the employer shall ensure the driver is subject to unannounced follow-up testing following the driver's return to duty. Follow-up testing is separate from, and in addition to, the regular random testing program and must be conducted under direct observation.

The number and frequency of tests are determined by the SAP, but must consist of at least 6 tests during the first 12 months following the drivers return to duty. Follow-up testing may be done for up to 60 months. SAP can terminate the requirement for the follow-up testing in excess of the minimum at any time, if the SAP determines that the testing is no longer necessary. However, an employer may not require employees to undergo additional follow-up testing beyond the SAP's requirements.

Tests do not need to be confined to the substance involved in the violation if a SAP determines it is important to test for other substances. However, follow-up testing for alcohol can only be performed when the driver is performing safety-sensitive functions, or immediately prior to performing or immediately after performing safety-sensitive functions.

Note: The requirements for follow-up testing continue to "follow the employee" to subsequent employers or through breaks in service.

Reasonable Suspicion Testing

Drivers are required to submit to an alcohol or drug test when the employer has reasonable suspicion to believe the driver has violated the prohibitions in §382.201 through 382.215 (Subpart B). The employer's reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

Only one supervisor or company official is required to make the observations necessary to require a test. That supervisor or company official must have received the two required 60-minute sessions of training.

Other aspects of the reasonable suspicion testing requirements are specific to alcohol testing or drug testing. Here is a summary of those provisions:

Alcohol Test Requirements

  • Alcohol testing is authorized only if the observations are made during, just before, or just after the driver performs safety–sensitive functions. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test, in order to preserve protection for the driver.
  • The mere possession of alcohol does not constitute a need for reasonable suspicion testing, which must be based on observations concerning the driver's appearance, behavior, speech, or body odor.
  • If a reasonable suspicion alcohol test is not administered within two hours following the observations, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptly. If the test was not administered within eight hours, the employer shall cease attempts to administer the test, and shall prepare and maintain the record listed above.
  • If reasonable suspicion is observed but a reasonable suspicion test has not yet been administered, a driver shall not perform safety–sensitive functions until:
    • an alcohol test is administered and the driver's alcohol concentration measures less than 0.02, or
    • 24 hours have elapsed following the determination of reasonable suspicion.
  • 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. The employer may take other action independent of FMSCA regulatory authority.

Drug Test Requirements

  • The documentation of the driver's conduct must be prepared and signed by the witness within 24 hours of the observed behavior, or before the results of the drug test are released, whichever is earlier.

View our Reasonable Suspicion Training