FMCSA Drug and Alcohol Policy

Improving Your Company's Compliance With DOT/FMCSA.

FMCSA Drug and Alcohol Policy | DOT Compliance | Steve Talkington Consulting

Drug and Alcohol Policy and Training 

Motor carriers are required to have a drug and alcohol policy, as well as educational materials to raise awareness on the risks of addictive substances for their drivers. We can customize a drug and alcohol policy or educational materials for your drivers.

The motor carrier must provide a copy of the policy to each driver prior to the driver performance of a safety sensitive function. Every driver that is required to have a CDL is required to be tested under the DOT/ FMCSA guidelines.

What Type of Information Should The Policy Include?

The policy provided to drivers shall include the identity of the person designated by the motor carrier to answer driver questions about the policy and educational materials. That person is known as the designated employee representative or DER. The policy must define safety-sensitive functions performed by those drivers. The policy must also define specific information concerning driver conduct that is prohibited by regulations. The information supplied to the driver needs to explain the circumstances under which a driver will be tested for alcohol and/or controlled substances under the regulations. The process that will be used to test for the presence of alcohol and controlled substances must also be outlined in the policy. The policy must state that a driver will submit to alcohol and controlled substances tests administered in accordance with the regulations. A motor carrier must explain in the policy what constitutes a refusal to submit to an alcohol or controlled substances test and the consequences of a refusal. The consequences of a refusal is the same as if the driver tested positive for alcohol or controlled substance. Drivers that test positive or refuses a test will be removed immediately from safety-sensitive functions. The policy must state what happen to drivers that have an alcohol concentration greater than .02.  

Within the policy there needs to be Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a co-worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including referral to an employee assistance program and/or referral to management. 

The drug and alcohol policy needs to state that positive test and refusal to test will be reported to the FMCSA Drug and Alcohol Clearinghouse. If a person is entered into the drug and alcohol clearinghouse the driver will have to meet with a substance abuse professional (SAP) and the policy must describe a substance abuse professional and what their duties are.. 

Types of Test

The policy and educational material needs to advise a CDL driver what 6 types of tests are in the regulations, and when they are used. The policy needs to explain what drugs are tested for, and when the driver must be tested. The driver needs to be educated on their rights concerning a split sample and when they can use a split sample..

The CDL driver in every case must be provided with a copy of the CDL driver policy and must sign a statement certifying that he or she has received a copy of the policy and that signed certificate or acknowledgment must be kept for as long as the driver is employed..

Who Should Be Trained?

Every motor carrier that has more than one CDL driver must have at least one supervisor of the drivers be certified in reasonable suspicion training or drug and alcohol abuse recognition including one hour in Alcohol signs and symptoms and one hour in drug effects and symptoms in order to send a driver for a reasonable suspicion test when several indicators are detected leading the supervisor to believe that the driver is imparied ou under the influence of drugs or alcohol.