Transcript MRO & SAP Conference - Electronic Resource Center

Federal Motor Carrier
Safety Administration
Controlled Substances and Alcohol Testing
Part 382
• Requires employers and drivers
to establish and participate in a
controlled substance and
alcohol testing program.
Applicability: Part 382
• Persons who operate a
commercial motor vehicle in
intra or interstate commerce
– Gross vehicle weight rating of
26,001 and above or,
– Vehicle is designed to transport 16
or more passengers including the
driver
Types of Alcohol and Controlled
Substances Testing Required
• Pre-employment testing ONLY for
controlled substances (382.301)
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– Employer MAY (not required), to conduct preemployment alcohol testing (382.301(d))
Post-Accident testing (382.303)
Random testing (382.305)
Reasonable Suspicion testing (382.307)
Return-to-Duty testing (Part 40, Subpart O,
moved from 382.309)
• Follow-up testing (Part 40, Subpart O, moved
from 382.311)
Types of Drugs
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Marijuana
Cocaine
Amphetamines
Phencyclidine (PCP)
Opiates
Pre-Employment Testing
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New Hires
Layoffs, Work-Comp
Negative Results prior use
Results must go to a Certified
Laboratory
• Negative Results paperwork
retained for one year
Post Accident Testing
• Criteria: Must have been
involved in a DOT recordable
accident AND
• The driver was cited for a
moving violation
• Drug and alcohol testing must
take place within 32 hours
Random Testing
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Calendar year
10% for alcohol
50% for drugs
Must report for testing or
considered a “positive” result
• Testing and Selections should
take place during four quarters
Reasonable Suspicion
Testing
• Supervisors must receive
required training
• Document behavior and actions
Return to duty and
follow up testing
• Applies only to the drivers who
have tested positive, fulfilled
their SAP requirements and are
returning to work as a driver.
• Must have “negative” RTD test
• Subject to a minimum of (6)
tests in the first 12 months
Previous Employment
Drug and Alcohol Check
• Employee written consent
• Request that previous employer
answer yes/no to the (5)
required questions.
• Answers must be received
within 30 days of employment
• Retain questionnaire in DQ or
Drug and Alcohol testing file
Retention of Records
5-Year Requirement
• Alcohol test results indicating a
BAC of 0.02 or greater
• Verified positive drug test
results
• Refusals to submit to required
tests
• Required calibration of breath
testing devices
Drug and Alcohol
Training
• Employer must provide
educational materials
• Certificate a receipt must be
retained on file
• Video’s, books, classroom
training, etc…
Drug and Alcohol
Company Policy
• Employers are required to have
a detailed written company
policy to meet the requirements
of Part 382.601
Retention of Records
2 & 1 Year
Requirements
• Two Years
– Records related to the collection
process and required training.
• One Year
– Negative and canceled controlled
substance test results.
– Alcohol test results indicating a
BAC of less than 0.02.
Websites
• Federal Motor Carrier Safety
Administration
– www.fmcsa.dot.gov
• Office of Drug and Alcohol
Policy Compliance
– www.dot.gov/ost/dapc
QUESTIONS
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