FMCSA/CDL DRUG TESTING Flower Mound, TX
FMCSA Services
- FMCSA Drug Testing
- FMCSA Alcohol Testing
- FMCSA Consortium/Random Testing Enrollment
- DOT Physicals
- FMCSA Clearinghouse Services
- FMCSA Policy Development
FMCSA/DOT Drug Testing Locations Flower Mound, TX
4001 Long Prairie Road, Suite 130 2.3 miles
Flowermound, TX 75028
8501 JUSTIN RD 4.0 miles
DOUBLE OAK, TX 75077
1559 W MAIN ST 4.1 miles
LEWISVILLE, TX 75067
2355 E GRAPEVINE MILLS CIR 4.8 miles
GRAPEVINE, TX 76051
500 N Valley Pkwy, Suite 110 4.9 miles
Lewisville, TX 75067
600 W NORTHWEST HWY STE E 5.1 miles
GRAPEVINE, TX 76051
540 SURF ST 5.2 miles
LEWISVILLE, TX 75067
2315 E SOUTHLAKE BLVD STE 110 5.2 miles
SOUTHLAKE, TX 76092
1650 W COLLEGE ST 5.4 miles
GRAPEVINE, TX 76051
551 Silicon Dr Ste 100 5.6 miles
Southlake, TX 76092
1643 LANCASTER DR STE 223 5.7 miles
GRAPEVINE, TX 76051
571 W MAIN ST STE 110 5.7 miles
LEWISVILLE, TX 75507
475 W. Elm 5.8 miles
LEWISVILLE, TX 75057
1100 S MAIN ST STE D 5.9 miles
GRAPEVINE, TX 76051
171 N DENTON TAP RD STE 200 6.7 miles
COPPELL, TX 75019
2403 S STEMMONS FWY STE 103 7.3 miles
LEWISVILLE, TX 75067
751 HEBRON PKWY STE 100 7.4 miles
LEWISVILLE, TX 75057
8925 STERLING ST STE 255 7.4 miles
IRVING, TX 75063
6300 Samuel Blvd Ste 114A 7.6 miles
Dallas, TX 75228
546 E Sandy Lake Rd Ste 120, 7.6 miles
Coppell, TX 75019
5301 WILLIAM D TATE AVE 8.3 miles
GRAPEVINE, TX 76051
6000 Colleyville Blvd Ste 150 8.9 miles
Colleyville, TX 76034
On-site only 9.1 miles
Irving, TX 75063
1837 W FRANKFORD RD STE 116 9.2 miles
CARROLLTON, TX 75007
4400 TEASLEY LN ST 200 9.3 miles
DENTON, TX 76210
260 N Rufe Snow Dr, 9.4 miles
Keller, TX 76248
4333 North Josey Lane Plaza II, Suite 105 9.9 miles
Carrollton, TX 75010
8787 N MACARTHUR BLVD STE 120 10.3 miles
IRVING, TX 75063
1017 W HEBRON PKWY 10.5 miles
CARROLLTON, TX 75010
104 S Main St 10.6 miles
Keller, TX 76248
7400 N MACARTHUR BLVD 10.9 miles
IRVING, TX 75063
7501 LAS COLINAS BLVD STE 100 10.9 miles
IRVING, TX 75063
5910 N MACARTHUR BLVD STE 133 11.1 miles
IRVING, TX 75039
720 S MAIN ST 11.1 miles
KELLER, TX 76248
2817 S Mayhill Rd, Suite 130 11.1 miles
Denton, TX 76208
1060 N MAIN ST STE 101A 11.3 miles
EULESS, TX 76039
1213 E TRINITY MILLS RD 11.3 miles
CARROLLTON, TX 75006
400 MID CITIES BLVD 11.4 miles
HURST, TX 76054
3331 COLORADO BLVD 11.4 miles
DENTON, TX 76210
1345 VALWOOD PKWY STE 306 11.9 miles
CARROLLTON, TX 75006
1615 Hospital Pkwy, Suite 208 12.5 miles
Bedford, TX 76022
3800 MAIN ST STE 100 12.5 miles
THE COLONY, TX 75056
1600 HOSPITAL PKWY 12.7 miles
BEDFORD, TX 76022
2401 WESTPORT PKWY STE 140 12.7 miles
FORT WORTH, TX 76177
5000 MAIN ST STE 203 12.7 miles
THE COLONY, TX 75056
610 S INDUSTRIAL BLVD Ste 150 12.8 miles
EULESS, TX 76040
11498 LUNA RD STE 206 13.0 miles
DALLAS, TX 75234
9001 BOULEVARD 26 13.2 miles
NORTH RICHLAND, TX 76180
2434 FINLEY RD 13.3 miles
IRVING, TX 75062
4707 STATE HIGHWAY 121 13.3 miles
THE COLONY, TX 75056
5151 State Highway 121 13.4 miles
The Colony, TX 75056
8713 AIRPORT FWY STE 318 13.5 miles
FORT WORTH, TX 76180
3015 RENAISSANCE DR 13.6 miles
DALLAS, TX 75287
3501 N Macarthur Blvd Ste 310, 13.8 miles
Irving, TX 75062
3225 W AIRPORT FWY Ste 226 13.8 miles
IRVING, TX 75062
2436 S INTERSTATE 35 E STE 336 13.9 miles
DENTON, TX 76205
2601 E BELT LINE RD 13.9 miles
CARROLLTON, TX 75006
3529 Heritage Trace Parkway, Suite 133 13.9 miles
Keller, TX 76244
725 S INTERSTATE 35 E STE 188 14.1 miles
DENTON, TX 76205
3000 N INTERSTATE 35 14.1 miles
DENTON, TX 76201
608 N Bell Ave Ste A 14.2 miles
DENTON, TX 76209
2001 W AIRPORT FWY 14.3 miles
IRVING, TX 75062
951 W PIPELINE RD STE 320 14.3 miles
HURST, TX 76053
2501 W OAK ST 14.4 miles
DENTON, TX 76201
2940 N O CONNOR RD STE 117N 14.4 miles
IRVING, TX 75062
4401 BOOTH CALLOWAY RD 14.5 miles
NORTH RICHLAND HILLS, TX 76180
1501 N ELM ST 14.5 miles
DENTON, TX 76201
3003 LYNDON B JOHNSON FWY STE 100 14.5 miles
DALLAS, TX 75234
7630 N Beach St, Suite 156 14.6 miles
Fort Worth, TX 76137
1302 LANE ST STE 800 14.8 miles
IRVING, TX 75061
4109 CAGLE DR STE A 14.8 miles
NORTH RICHLAND HILLS, TX 76180
3953 BELT LINE RD 15.0 miles
ADDISON, TX 75001
3535 S INTERSTATE 35 E STE 111 15.1 miles
DENTON, TX 76210
3537 S INTERSTATE 35 E Ste 111 15.1 miles
DENTON, TX 76210
15810 MIDWAY RD 15.1 miles
ADDISON, TX 75001
3751 S INTERSTATE 35 E 15.3 miles
DENTON, TX 76210
3600 Communications Pkwy, Ste 647 15.5 miles
Plano, TX 75093
245 E GRAUWYLER RD STE 122 15.6 miles
IRVING, TX 75061
11888 MARSH LN 15.7 miles
DALLAS, TX 75234
4727 FRANKFORD RD STE 409 15.7 miles
DALLAS, TX 75287
4234 N INTERSTATE 35 15.8 miles
DENTON, TX 76207
5944 W PARKER RD STE 200 15.9 miles
PLANO, TX 75093
3645 WESTERN CENTER BLVD 16.0 miles
FORT WORTH, TX 76137
805 W NORTH CARRIER PKWY STE 260 16.0 miles
GRAND PRAIRIE, TX 75050
3629 WESTERN CENTER BLVD STE 221 16.0 miles
FORT WORTH, TX 76137
7232 NORTH FWY 16.5 miles
FORT WORTH, TX 76137
4060 SANDSHELL DR 16.5 miles
FORT WORTH, TX 76137
8756 TEEL PKWY STE 350 16.9 miles
FRISCO, TX 75034
5076 W PLANO PKWY 17.2 miles
PLANO, TX 75093
18101 PRESTON RD STE 201 17.4 miles
DALLAS, TX 75252
1340 MAYO ST STE 185 STE 185 17.4 miles
IRVING, TX 75060
5917 BELT LINE RD 17.5 miles
DALLAS, TX 75254
2160 E LAMAR BLVD 17.5 miles
ARLINGTON, TX 76006
2045 N STATE HIGHWAY 360 STE 100B 17.5 miles
GRAND PRAIRIE, TX 75050
2100 N STATE HIGHWAY 360 STE 1207 17.5 miles
GRAND PRAIRIE, TX 75050
14902 PRESTON RD STE 810 17.6 miles
DALLAS, TX 75254
14856 PRESTON RD STE 100 17.6 miles
DALLAS, TX 75254
6820 PRESTON RD 17.8 miles
PLANO, TX 75024
1720 REGAL ROW STE 238 17.9 miles
DALLAS, TX 75235
4701 W PARK BLVD STE 206 17.9 miles
PLANO, TX 75093
1800 PRESTON PARK BLVD STE 102 17.9 miles
PLANO, TX 75093
3645 N BEACH ST 18.1 miles
FORT WORTH, TX 76137
902 W Randol Mill, Suite 100 18.3 miles
Arlington, TX 76012
5644 PRESTON RD 18.4 miles
FRISCO, TX 75034
5575 Warren Pkwy, Prof. Bldg I, Baylor Medical C 18.4 miles
Frisco, TX 75034
301 W MAIN ST 18.4 miles
FRISCO, TX 75034
1450 EMPIRE CENTRAL DR STE 100 18.5 miles
DALLAS, TX 75247
1661 EASTCHASE PKWY 18.5 miles
FORT WORTH, TX 76120
8100 JOHN W CARPENTER FWY STE 100 18.6 miles
DALLAS, TX 75247
8200 STONEBROOK PKWY STE 100 18.6 miles
FRISCO, TX 75034
6330 LYNDON B JOHNSON FWY STE 130 18.6 miles
DALLAS, TX 75240
1111 W MOCKINGBIRD LN PO BOX 910465 18.6 miles
DALLAS, TX 75247
8267 ELMBROOK DR STE 100 18.8 miles
DALLAS, TX 75247
7227 PRESTON RD 19.0 miles
FRISCO, TX 75034
1555 W Mockingbird Lane Ste 202 19.1 miles
Dallas, TX 75235
623 W MAIN ST 19.2 miles
ARLINGTON, TX 76010
3801 W 15th St Ste 100, Building A 19.3 miles
Plano, TX 75075
3821 W SPRING CREEK PKWY 19.4 miles
PLANO, TX 75023
6612 HARRY HINES BLVD 19.5 miles
DALLAS, TX 75235
3141 IRVING BLVD STE 220 19.6 miles
DALLAS, TX 75247
8222 DOUGLAS AVE STE 390 19.8 miles
DALLAS, TX 75225
1120 W CAMPBELL RD STE 109 19.8 miles
RICHARDSON, TX 75080
2701 OSLER DR,STE 2 19.8 miles
GRAND PRAIRIE, TX 75051
12750 MERIT DR STE 770 19.9 miles
DALLAS, TX 75251
5909 HARRY HINES BLVD 19.9 miles
DALLAS, TX 75390
2920 N STEMMONS FWY 20.0 miles
DALLAS, TX 75247
12221 MERIT DR STE 100 20.1 miles
DALLAS, TX 75251
912 E PARK ROW DR 20.3 miles
ARLINGTON, TX 76010
11613 N Central Expwy, Suite 120 20.3 miles
Dallas, TX 75243
2422 Jacksborro Hwy 20.5 miles
Fort Worth, TX 76106
On-Site ONLY 20.6 miles
Plano, TX 75075
2600 N STEMMONS FWY STE 162 20.6 miles
DALLAS, TX 75207
PO BOX 79503 20.7 miles
FORT WORTH, TX 76179
4501 Lemmon Ave 21.3 miles
Dallas, TX 75219
7502 GREENVILLE AVE 21.6 miles
DALLAS, TX 75231
401 W CAMPBELL RD 21.6 miles
RICHARDSON, TX 75080
2001 N COLLINS BLVD STE 105 21.8 miles
RICHARDSON, TX 75080
5601 GREENVILLE AVE 22.0 miles
DALLAS, TX 75206
13350 T I BLVD M.S. 327 22.0 miles
DALLAS, TX 75243
3533 NW LOOP 820 22.1 miles
FORT WORTH, TX 76106
3304 ALMA DR 22.1 miles
PLANO, TX 75023
1750 ALMA RD STE 108 22.2 miles
RICHARDSON, TX 75081
515 E WEATHERFORD ST 22.2 miles
FORT WORTH, TX 76102
4844 GREENVILLE AVE 22.3 miles
DALLAS, TX 75206
4617 N CENTRAL EXPY 22.4 miles
DALLAS, TX 75205
6071 VILLAGE BEND DR APT 816 22.4 miles
DALLAS, TX 75206
832 W SPRING CREEK PKWY STE 300A 22.6 miles
PLANO, TX 75023
720 E PARK BLVD STE 102 22.7 miles
PLANO, TX 75074
1926 EPHRIHAM AVE 22.7 miles
FORT WORTH, TX 76164
2030 G AVE STE 1102 22.7 miles
PLANO, TX 75074
4625 Boat Club Rd, 23.0 miles
Lake Worth, TX 76135
2000 K AVE STE 206 23.1 miles
PLANO, TX 75074
9901 Royal Lane Ste 106 23.1 miles
Dallas, TX 75231
1715 ANALOG DR 23.2 miles
RICHARDSON, TX 75081
1810 N PLANO RD 23.2 miles
RICHARDSON, TX 75081
1778 N PLANO RD STE 114 23.2 miles
RICHARDSON, TX 75081
6350 E Mockingbird Lane 23.3 miles
Dallas, TX 75214
701 COMMERCE ST STE 205 23.5 miles
DALLAS, TX 75202
16151 ELDORADO PKWY 23.5 miles
FRISCO, TX 75035
350 South Plano Road 23.5 miles
Richardson, TX 75081
7145 N GEORGE BUSH HWY 23.5 miles
GARLAND, TX 75044
5315 ROSS AVE 23.6 miles
DALLAS, TX 75206
2520 W INTERSTATE 20 23.6 miles
GRAND PRAIRIE, TX 75052
4545 MATLOCK RD STE 103 23.6 miles
ARLINGTON, TX 76018
214 W COLORADO BLVD 23.7 miles
DALLAS, TX 75208
1106 ALSTON AVE STE 120 23.8 miles
FORT WORTH, TX 76104
1106 ALSTON AVE SUITE 250 23.9 miles
FORT WORTH, TX 76104
3520 NW CENTRE DR 23.9 miles
FORT WORTH, TX 76135
3801 GASTON AVE STE 104 24.0 miles
DALLAS, TX 75246
1300 W ROSEDALE ST STE A 24.0 miles
FORT WORTH, TX 76104
3600 GASTON AVE STE 707 24.0 miles
DALLAS, TX 75246
1218 W MCDERMOTT DR 24.0 miles
ALLEN, TX 75013
1111 JUPITER RD STE 100B 24.0 miles
PLANO, TX 75074
2525 E Abrams St 24.0 miles
Arlington, TX 76010
3900 Junius St, Ste 240 24.1 miles
Dallas, TX 75246
5224 S State Highway 360, Suite 225 24.1 miles
Grand Prairie, TX 75052
4801 S COOPER ST 24.2 miles
ARLINGTON, TX 76017
1651 W Rosedale St Ste 105 24.2 miles
Fort Worth, TX 76104
2500 WEST FWY STE 100 24.2 miles
FORT WORTH, TX 76102
1250 8th Avenue, Suite 115 24.3 miles
Fort Worth, TX 76104
5900 W INTERSTATE 20 24.3 miles
ARLINGTON, TX 76017
5612 SW GREEN OAKS BLVD STE D 24.3 miles
ARLINGTON, TX 76017
5201 S COOPER ST 24.4 miles
ARLINGTON, TX 76017
5405 S COOPER ST 24.6 miles
ARLINGTON, TX 76017
1650 W CHAPMAN DR Suite 500 24.8 miles
Sanger, TX 76266
The Federal Motor Carriers Safety Administration was a result of the Carrier Safety Improvement Act of 1999. The passing of this act created FMCSA, which on January 1, 2000, established the FMCSA was as a separate operating division within the United States Department of Transportation (DOT).
The FMCSA is headquartered in Washington, DC, and with a staff of more than 1,000 people in all 50 States and the District of Columbia and is the Federal Agency taking the initiative for regulating, providing safety and oversight of commercial motor vehicles (CMVs), improving the safety of commercial motor vehicles (CMV) and saving lives.
FMCSA Mission
- Reduce crashes,
- Reduce injuries, and
- Reduce fatalities involving large trucks and buses.
What CDL Drivers Need to Know
In 1991, the United States Congress passed the Omnibus Transpiration Employee Testing Act, which required DOT agencies to implement drug and alcohol testing for all safety-sensitive transportation employees. Congress recognized the need for a drug and alcohol-free transportation industry, and thus 49 CFR Part 40, commonly referred to as Part 40 was established as a DOT-wide regulation that provides guidance on:
- Who is subject to testing
- How to conduct testing and
- How to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation.
49 CFR Part 40 provides guidance on all DOT-required drug and alcohol testing, regardless of the mode of transportation. For example, whether you are an airline pilot covered by FAA rules or a driver for a trucking company covered by FMCSA rules, Part 40 outlines the specific procedures for collection, testing of specimens and reporting of test results. Each DOT Agency-specific regulation defines who is subject to testing, when and in what situations for a particular that specific transportation industry.
The Federal Motor Carrier Safety Administration (FMCSA) and 49 CFR Part 40 has defined drug and alcohol testing rules and regulations for employees who drive commercial trucks and buses that require a commercial driver's license (CDL). These regulations identify who is subject to testing, when they are tested and in what situations. The regulations also require privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information.
On January 6, 2020, the DMCSA Drug and Alcohol Clearinghouse House took effect. All FMCSA Employers to include owner-operators have specific requirements to comply with the Clearinghouse rule. Listed below is a summary of clearinghouse requirements.
How will employers use the FMCSA Clearinghouse?
- Report drug and alcohol violations. This will include alcohol test results with a concentration of .04 or greater, refusals to take an alcohol or drug test, as well as actual knowledge of a violation.
- Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver's follow-up testing plan.
** Please note that the information above must be reported by the close of the third business day after the employer is informed
- Conduct pre-employment queries to check if prospective employees are prohibited from performing safety-sensitive functions, such as operating CMVs, due to an unresolved drug and alcohol program violation.
** Employers are also required to conduct queries on all current employees at least annually. All queries require driver consent.
- Until January 6, 2023 employers must conduct both electronic queries in the Clearinghouse and manual, offline inquiries to previous employers for pre-employment driver investigations.
How will Owner-Operators Use The Clearinghouse?
Beginning January 6, 2020 owner-operators will need to coordinate with their C/TPA(s) to ensure the following requirements are met.
- Report drug and alcohol violations. This will include alcohol test results with a concentration of .04 or greater, refusals to take an alcohol or drug test, as well as actual knowledge of a violation
- Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver's follow-up testing plan.
** Owner-operators or C/TPAs may report violation information about other drivers employed by the owner-operator. If an owner operator commits a drug and alcohol program violation, this information MUST BE reported by the C/TPA
** Please note that the information above must be reported by the close of the third business day after the employer or C/TPA is informed.
- Conduct pre-employment queries to check if prospective employees are prohibited from performing safety-sensitive functions, such as operating CMVs, due to an unresolved drug and alcohol program violation.
** Employers are also required to conduct queries on all current employees at least annually. All queries require driver consent.
- Until January 6, 2023 employers must conduct both electronic queries in the Clearinghouse and manual, offline inquiries to previous employers for pre-employment driver investigations.
For more information or to select ADT as your C/TPA click here to learn more about the clearinghouse services we offer
Who is covered under FMCSA DOT Drug and Alcohol Testing Regulations?
FEDERAL MOTOR CARRIER SAFETY ADMIN (FMCSA) COVERED EMPLOYEES
Employees or individuals who are working on public roads meeting the following criteria are FMCSA "covered" employees.
These are employees who:
- Have a Commercial Driver's License (CDL), or similar license issued by Mexico or Canada, and
- Operate a Commercial Motor Vehicle (CMV) in any state:
- a. A commercial motor vehicle (CMV) is then defined as a vehicle:
- i. with a gross vehicle weight rating/gross vehicle weight or gross combination weight rating/gross combination weight of 26,001 or more lbs., or
- ii. designed to carry 16 or more passengers (including the driver), or
- iii. of any size that is used to transport hazardous materials which require the vehicle to be placarded
- a. A commercial motor vehicle (CMV) is then defined as a vehicle:
With FMCSA there is only one safety-sensitive category of covered employee which is Driver.
FMCSA and DOT Frequently Asked Questions?
Who is tested?
Typically all CDL drivers who operate commercial motor vehicles are subject to the CDL requirements on the public roadways in the United States and who are also performing safety-sensitive functions are subject to DOT drug and alcohol testing under section (§382.103). This would also include all full-time, part-time, intermittent, backup and international drivers.
When does testing occur?
The Federal Motor Carrier Safety Administration requires testing under the following conditions:
- Pre-employment testing.
- Post-accident testing.
- Random Testing
- Reasonable suspicion testing.
- Return-to-duty testing.
- §382.311 Follow-up testing.
When in an FMCSA Pre-employment test required?
The FMCSA defines a Pre-employment test as prior to the first time any driver performs safety-sensitive functions for any employer (this includes a single owner operator). Part 40 states that the driver shall undergo testing for controlled substances as a condition of employment.
Furthermore, no employer shall allow a driver to perform safety-sensitive functions unless the employer has received a negative controlled substances test result from the MRO or C/TPA indicating a verified 5 panel DOT negative test result for that driver.
Are there any exceptions to FMCSA pre-employment drug testing?
In short, yes, the following examples are permitted as exemptions to the pre-employment drug testing requirement.
An employer is not required to administer a DOT pre-employment drug testing if:
- The driver has participated in a controlled substance testing program that meets DOT requirements within the previous 30 days: and
- While participating in that program, either:
- a. Was tested for controlled substances within the past 6 months (from the date of the application with the employer); and
- b. Participated in a DOT random drug and alcohol testing program for the previous 12 months (from the date of application with the employer); and
- The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
As an FMCSA regulated employer and choose to utilize the above-referenced exception. Employers must contact the DOT controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:
- Name and address of the drug-testing program
- Verification that the driver participates or participated in the program(s).
- Verification that the program(s) conforms to part 40 of this title.
- Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.
- The date the driver was last tested for controlled substances.
- The results of any tests taken within the previous six months and any other violations of subpart B of this part.
Does FMCSA require a pre-employment alcohol test?
The FMCSA doesn't require a pre-employment alcohol test; however, Employers may choose but are not required to, conduct pre-employment alcohol testing under this part. On the other hand, if the employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:
- An employer must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).
- Employers must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (for example, employers must not test some covered employees and not others).
- An employer must conduct the pre-employment alcohol tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.
- Conduct all pre-employment alcohol tests using the alcohol testing procedures outlined in 49 CFR part 40 of this title.
- You must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicate an alcohol concentration of less than 0.04.
For more information call us today or purchase your pre-employment drug test online
What is FMCSA Post Accident Testing?
A Post-Accident drug/alcohol test must be conducted as soon as possible following an occurrence involving a commercial motor vehicle operating on a public road in commerce and each employer shall test for alcohol for each of its surviving drivers:
- Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
- Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
- a. Bodily injury to any person who, because of the injury, immediately receives medical treatment away from the scene of the accident; or
- b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
Other scenarios triggering a post-accident drug testing include:
- A driver who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
- a. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
- b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
** The following table notes when a post-accident test is required to be conducted per DOT regulations.
Type of accident involved | Citation issued to the CMV driver | Test must be performed by the employer |
i. Human fatality | YES | YES |
ii. Bodily injury with immediate medical treatment away from the scene | YES | YES |
iii. Disabling damage to any motor vehicle requiring tow away | YES | YES |
Types of Post-Accident Tests
- 1. Alcohol tests: If an alcohol test is required by this section and is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered.
- 2. Furthermore, if an alcohol test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
- 3. Controlled substance tests. If a test required by this section is not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substance test and prepare and maintain on file a record stating the reasons the test was not promptly administered and records shall be submitted to the FMCSA upon request.
Any driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Post-accident testing would not delay any driver in receiving the proper or necessary emergency medical treatment.
What is FMCSA Random Testing?
All CDL drivers must be randomly tested throughout the year and an employer who employs only himself/herself as a driver, who is not leased to a motor carrier, shall implement a random testing program of two or more covered employees in the random testing selection pool as a member of a consortium/random testing pool.
The current rate for random drug and alcohol testing is:
50% of the average number of driver positions for Controlled Substances (5 panel DOT urine)
10% of the average number of diver positions for Breath Alcohol Testing (BAT)
How is Random Testing Conducted?
Random selections of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method. For example,
- random number table or
- a computer-based random number generator that is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers.
Each driver that is selected for random alcohol and controlled substances testing must have an equal chance of being tested each time selections are made.
Each driver selected for testing shall be tested during the selection period.
Employers may use a service agent (e.g., a C/TPA) to perform random selections and your covered drivers may be part of a larger random testing pool (consortium) of covered employees.
Please note that it is a good idea to validate that your c/TPA is currently selecting and testing at the appropriate percentage established for your industry and that only covered employees are in the random testing pool. (Currently, FMCSA tests at a rate of 50% for drugs and 10% for alcohol). As the DER an employer must ensure that all random testing is unannounced and that testing is spread reasonably throughout the calendar year.
When a driver is notified, employers must ensure that the driver immediately proceed to the testing center.
If a driver is selected for a random alcohol test, the alcohol test must be conducted just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
What is FMCSA Reasonable Suspicion Testing?
FMCSA Reasonable suspicion testing was established to detect if drivers appear to be under the influence of drugs or alcohol can be immediately tested. Employers must train CDL driver supervisors to detect the symptoms of driver impairment. Listed below is a summary of the FMCSA Supervisor training requirements. Click here to purchase your supervisor training course.
When Does Reasonable Suspicion, Testing Occur?
Any driver/safety sensitive regulated employee may be required to submit for a reasonable suspicion/reasonable cause drug or alcohol testing when the employer has reasonable suspicion to believe that the employee has violated the prohibitions of subpart B of this part concerning alcohol or controlled substances.
- 1. For an employer to require the driver to undergo an alcohol and/or controlled substances test, the basis must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver and/or indications of the chronic and withdrawal effects of controlled substances.
- 2. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in accordance with §382.603. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.
- 3. Alcohol testing is authorized by this section only if the observations by the trained supervisor are made during, just preceding, or just after the period of the workday when the driver is on duty. A driver may be directed by the employer to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
- if an alcohol test is required, it must be administered within two hours following the determination that the employee was believed to be under the influence of alcohol. The employer must prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered within the 2-hour requirement.
- If an alcohol test required by this section and is not administered within eight hours following the determination, an employer shall stop any attempts to administer an alcohol test and shall state in the record the reasons for not administering the test within the required 8 hours.
Drivers are prohibited for from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, which can be determined by the behavioral, speech, and performance indicators of alcohol misuse. Employers must not permit the driver to perform or continue to perform safety-sensitive functions, until:
A driver may not return to performing safety sensitive function until an alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or
- 24 hours have passed following the reasonable suspicion determination was made with regards to alcohol.
All observations must be documented which lead to a reasonable suspicion drug/alcohol test and must be signed within 24 hours by the trained supervisor who observed the behavior.
What is Supervisor Training?
49 CFR 382.603 is the FMCSA regulation that requires supervisors of commercial motor vehicle drivers who operate vehicles requiring a CDL to:
- 1. Take 60 minutes of training on the symptoms of alcohol abuse and
- 2. 60 minutes of training on the symptoms of controlled substances use (120 minutes in total).
The goal of this training is to educate and assist supervisors in identifying circumstances and indicators that may create reasonable suspicion that a driver is using or under the influence of alcohol or drugs, supporting referral of an employee for testing.
** If you operate vehicles that require a CDL on the public roads and you have more than one employee in the company, you are required to get DOT Supervisor Training. To verify if you are subject to the drug and alcohol regulations, please visit http://www.dot.gov/odapc/am-i-covered
- 3. Owner-operators are not subject to DOT supervisor training. However, you are still required to register with a consortium for DOT drug and alcohol testing.
DOT Drug & Alcohol Supervisor Training Guidance Flow Chart- Click Here
If you need to be trained and certified for FMCSA required reasonable suspicion training, click here to register today
What is Return to Duty Testing?
A return-to-duty drug or alcohol test is required for all drivers who:
- i. Test positive,
- ii. Refuse to submit to a drug/alcohol test; or
- iii. Violated any of the prohibitions of 49 CFR Part 382 Subpart B; and
- iv. An individual who has completed the return-to-duty process with a DOT-qualified substance abuse professional.
All DOT return to duty drug tests are directly observed, and a negative result is required before resuming any safety sensitive duties.
** The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40, subpart O.
What is Subpart O?
Subpart O refers to the Substance Abuse Professionals (SAP) and the Return-to-Duty Process
Who is qualified to be a SAP?
Under DOT regulations, an individual is permitted to act as a SAP in the DOT drug and alcohol testing program, if you must meet each of the requirements of this section:
SAP's must have the following Credentials:
1. You are a licensed physician (Doctor of Medicine or Osteopathy);
2. You are a licensed or certified social worker;
3. You are a licensed or certified psychologist;
4. You are a licensed or certified employee assistance professional;
5. You are a state-licensed or certified marriage and family therapist; or
6. You are a drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC); or
7. by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC).
When is a SAP evaluation required?
A SAP is required when any safety "sensitive employee" violates any DOT drug and alcohol regulations. Once the violation has occurred, the employee must not perform any DOT safety-sensitive duties for any employer until he/she has completed the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations.
What is a violation of DOT Drug and Alcohol Regulations?
- 1. A verified positive DOT drug test result,
- 2. a DOT breath alcohol test with a result indicating an alcohol concentration of 0.04% or greater,
- 3. a refusal to test (including by adulterating or substituting a urine specimen) or
- 4. any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
What is the SAP's function in conducting the initial evaluation of an employee?
The initial step in this process is a SAP Evaluation. During the evaluation process all SAP's must conduct the following.
- 1. Provide a comprehensive face-to-face assessment and clinical evaluation.
- 2. Recommend a course of education and/or treatment with which the employee must demonstrate successful compliance prior to returning to DOT safety-sensitive duty.
- a. This recommended education and treatment must be made for every individual who has violated a DOT drug and alcohol regulation.
- b. A SAP must make a recommendation for education and/or treatment that will, to the greatest extent possible, protect public safety in the event that the employee returns to the performance of safety-sensitive functions.
- c. Appropriate education may include, but is not limited to, self-help groups (e.g., Alcoholics Anonymous) and community lectures, where attendance can be independently verified, and bona fide drug and alcohol education courses.
- d. Appropriate treatment may include, but is not limited to, in-patient hospitalization, partial in-patient treatment, out-patient counseling programs, and aftercare.
- e. A SAP must also provide a written report directly to the DER highlighting your specific recommendations for assistance and treatment.
- f. As a SAP, you must assume that a verified positive test result has conclusively established that the employee committed a DOT drug and alcohol regulation violation.
- 3. Substance Abuse Professionals must not take into consideration in any way, as a factor in determining what your recommendation will be, any of the following:
- a. A claim by the employee that the test was unjustified or inaccurate.
- b. Statements by the employee that attempt to mitigate the seriousness of a violation of a DOT drug or alcohol regulation (e.g., related to assertions of use of hemp oil, "medical marijuana" use, "contact positives," poppy seed ingestion, job stress); or
- c. Personal opinions you may have about the justification or rationale for drug and alcohol testing.
- d. In the course of gathering information for purposes of your evaluation in the case of a drug-related violation, you may consult with the MRO. MRO's are required to cooperate with the SAP and provide available information the SAP requests. It is not necessary to obtain the consent of the employee to provide this information.
How does the return-to-duty process conclude?
If you are an employer and you wish to permit the employee to return to performing of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment. The employee must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming the performance of safety-sensitive duties.
An SAP or MRO must not make a "fitness for duty" determination as part of this re-evaluation unless required to do so under an applicable DOT agency regulation. It is the employer's responsibility to decide whether to put the employee back to work in a safety-sensitive position.
What is Follow-up Testing?
Follow-up testing is required for CDL drivers who have:
- 1. Tested positive,
- 2. Refused to test, or
- 3. Otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and
- 4. Who has completed the return-to-duty process with a DOT-qualified substance abuse professional, and
- 5. Have tested negative for a return-to-duty test.
Follow up testing is prescribed by the substance abuse professional (SAP) and administered by the DER for a minimum of 6 directly observed tests in 12 months but can be extended an additional four years.BLOG