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.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 commercePersons 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 ( )Pre-employment testing ONLY for controlled substances ( ) –Employer MAY (not required), to conduct pre- employment alcohol testing ( (d)) Post-Accident testing ( )Post-Accident testing ( ) Random testing ( )Random testing ( ) Reasonable Suspicion testing ( )Reasonable Suspicion testing ( ) Return-to-Duty testing (Part 40, Subpart O, moved from )Return-to-Duty testing (Part 40, Subpart O, moved from ) Follow-up testing (Part 40, Subpart O, moved from )Follow-up testing (Part 40, Subpart O, moved from )

Types of Drugs MarijuanaMarijuana CocaineCocaine AmphetaminesAmphetamines Phencyclidine (PCP)Phencyclidine (PCP) OpiatesOpiates

Pre-Employment Testing New HiresNew Hires Layoffs, Work-CompLayoffs, Work-Comp Negative Results prior useNegative Results prior use Results must go to a Certified LaboratoryResults must go to a Certified Laboratory Negative Results paperwork retained for one yearNegative Results paperwork retained for one year

Post Accident Testing Criteria: Must have been involved in a DOT recordable accident ANDCriteria: Must have been involved in a DOT recordable accident AND The driver was cited for a moving violationThe driver was cited for a moving violation Drug and alcohol testing must take place within 32 hoursDrug and alcohol testing must take place within 32 hours

Random Testing Calendar yearCalendar year 10% for alcohol10% for alcohol 50% for drugs50% for drugs Must report for testing or considered a “positive” resultMust report for testing or considered a “positive” result Testing and Selections should take place during four quartersTesting and Selections should take place during four quarters

Reasonable Suspicion Testing Supervisors must receive required trainingSupervisors must receive required training Document behavior and actionsDocument 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.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 testMust have “negative” RTD test Subject to a minimum of (6) tests in the first 12 monthsSubject to a minimum of (6) tests in the first 12 months

Previous Employment Drug and Alcohol Check Employee written consentEmployee written consent Request that previous employer answer yes/no to the (5) required questions.Request that previous employer answer yes/no to the (5) required questions. Answers must be received within 30 days of employmentAnswers must be received within 30 days of employment Retain questionnaire in DQ or Drug and Alcohol testing fileRetain 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 greaterAlcohol test results indicating a BAC of 0.02 or greater Verified positive drug test resultsVerified positive drug test results Refusals to submit to required testsRefusals to submit to required tests Required calibration of breath testing devicesRequired calibration of breath testing devices

Drug and Alcohol Training Employer must provide educational materialsEmployer must provide educational materials Certificate a receipt must be retained on fileCertificate a receipt must be retained on file Video’s, books, classroom training, etc…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 Employers are required to have a detailed written company policy to meet the requirements of Part

Retention of Records 2 & 1 Year Requirements Two YearsTwo Years –Records related to the collection process and required training. One YearOne Year –Negative and canceled controlled substance test results. –Alcohol test results indicating a BAC of less than 0.02.

Websites Federal Motor Carrier Safety AdministrationFederal Motor Carrier Safety Administration – Office of Drug and Alcohol Policy ComplianceOffice of Drug and Alcohol Policy Compliance –

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