FMCSA/CDL DRUG TESTING Kinnelon, NJ
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 Kinnelon, NJ
1395 Route 23S, Unit C-1 0.9 miles
Butler, NJ 7405
72 HAMBURG TPKE 3.3 miles
RIVERDALE, NJ 7457
16 BROOKWOOD RD 5.6 miles
TOWACO, NJ 7082
19 YAWPO AVE 6.9 miles
OAKLAND, NJ 7436
338 W MAIN ST 7.2 miles
BOONTON, NJ 7005
46 PARSIPPANY BLVD 7.9 miles
BOONTON, NJ 7005
759 HAMBURG TPKE 8.1 miles
WAYNE, NJ 7470
705 HAMBURG TPKE 8.2 miles
WAYNE, NJ 7470
401 Hamburg Turnpike, Suite 203 8.9 miles
Wayne, NJ 7470
307 HAMBURG TPKE, STE 103 9.1 miles
WAYNE, NJ 7470
150 FAIRFIELD RD 9.5 miles
FAIRFIELD, NJ 7004
190 BALDWIN RD 9.5 miles
PARSIPPANY, NJ 7054
50 Cherry Hill Rd, Ste 103 9.6 miles
Parsippany, NJ 7054
200 US HIGHWAY 46 9.9 miles
PARSIPPANY, NJ 7054
276 E Main St, 10.0 miles
Denville, NJ 7834
3175 STATE ROUTE 10 Ste 500 10.2 miles
DENVILLE, NJ 7834
225 US HIGHWAY 46 STE A 10.3 miles
TOTOWA, NJ 7512
148 PARSIPPANY RD STE 2 10.4 miles
PARSIPPANY, NJ 7054
500 UNION BLVD 10.5 miles
TOTOWA, NJ 7512
500 Union Blvd, 10.5 miles
Totowa, NJ 7512
26 DEHART AVE 10.6 miles
HEWITT, NJ 7421
891 TABOR RD 11.1 miles
MORRIS PLAINS, NJ 7950
600 MOUNT PLEASANT AVE 11.2 miles
DOVER, NJ 7801
1114 GOFFLE RD 11.4 miles
HAWTHORNE, NJ 7506
401 GOFFLE RD 11.7 miles
RIDGEWOOD, NJ 7450
159 FRANKLIN TPKE 12.8 miles
WALDWICK, NJ 7463
140 FRANKLIN TPKE 12.8 miles
WALDWICK, NJ 7463
1 W RIDGEWOOD AVE STE G1 12.9 miles
PARAMUS, NJ 7652
83 HEWITT RD 13.0 miles
HEWITT, NJ 7421
680 BROADWAY, UNIT B3 13.0 miles
PATERSON, NJ 7514
500 N Franklin Turnpike,, second floor 13.0 miles
Ramsey, NJ 7446
127 Union St, 13.2 miles
Ridgewood, NJ 7450
180 FRANKLIN TPKE 13.2 miles
MAHWAH, NJ 7430
10 FRANKLIN TPKE 13.4 miles
MAHWAH, NJ 7430
325 STATE ROUTE 10 13.5 miles
EAST HANOVER, NJ 7936
130 SPEEDWELL AVE 13.5 miles
MORRIS PLAINS, NJ 7950
On-site only 13.6 miles
Clifton, NJ 7013
98 N MARYLAND AVE 13.7 miles
LAKE HOPATCONG, NJ 7849
22-11 STATE RT 208 13.8 miles
FAIR LAWN, NJ 7410
400 STATE ROUTE 10 13.9 miles
RANDOLPH, NJ 7869
15-01 BROADWAY 14.1 miles
FAIR LAWN, NJ 7410
477 Route 10 East, Suite 203 14.2 miles
Randolph, NJ 7869
283 PIAGET AVE 14.2 miles
CLIFTON, NJ 7011
1355 BROAD ST 14.3 miles
CLIFTON, NJ 7013
1011 CLIFTON AVE STE 2C 14.3 miles
CLIFTON, NJ 7013
881 Allwood Rd, Suite 103 14.6 miles
Clifton, NJ 7012
Indian Rock Shopping Center, Route 59 & Hemion Road 14.7 miles
Suffern, NY 10901
1139 MAIN AVENUE 14.8 miles
CLIFTON, NJ 7015
33-00 Broadway, Suite 305 14.8 miles
Fair Lawn, NJ 7410
123 MCAFEE VERNON RD STE 100 14.9 miles
VERNON, NJ 7462
464 EAGLE ROCK AVE STE C 15.0 miles
WEST ORANGE, NJ 7052
67 E RIDGEWOOD AVE 15.1 miles
PARAMUS, NJ 7652
212 STATE HIGHWAY 94 STE 1D 15.1 miles
VERNON, NJ 7462
1 GREENWOOD AVE STE 102 15.4 miles
MONTCLAIR, NJ 7042
95 MADISON AVE STE 106 15.5 miles
MORRISTOWN, NJ 7960
49 Claremont Avenue, 15.5 miles
Montclair, NJ 7042
456 PROSPECT AVE 15.6 miles
WEST ORANGE, NJ 7052
101 Madison Ave, Ste 101 15.6 miles
Morristown, NJ 7960
557 BROAD ST 15.8 miles
BLOOMFIELD, NJ 7003
15 ESSEX RD STE 5 15.8 miles
PARAMUS, NJ 7652
193 Route 17 South 15.9 miles
Paramus, NJ 7652
85 CHESTNUT RIDGE RD 16.0 miles
Montvale, NJ 7645
66 TOWN CENTRE, SUITE 310 16.3 miles
SUCCASUNNA, NJ 7876
349 E Northfield Rd, Ste 203 16.3 miles
Livingston, NJ 7039
614 FRANKLIN AVE STE 101 16.5 miles
NUTLEY, NJ 7110
222 ROUTE 59 16.7 miles
SUFFERN, NY 10901
101 Old Short Hills Road Suite 415 16.7 miles
West Orange, NJ 7052
501 STATE ROUTE 10 17.1 miles
LEDGEWOOD, NJ 7852
11 BOULDER HILLS BLVD 17.2 miles
WANTAGE, NJ 7461
184 ESSEX ST 17.4 miles
LODI, NJ 7644
66 SUNSET STRIP 17.4 miles
SUCCASUNNA, NJ 7876
680 Kinderkamack Rd, 17.8 miles
Oradell, NJ 7649
1 Clara Maass Drive Cont Care Bldg 1st FL 17.8 miles
Belleville, NJ 7109
178 FLOYD ST 18.0 miles
BELLEVILLE, NJ 7109
385 Prospect Ave, 18.0 miles
Hackensack, NJ 7601
ON-SITE FOR POH ONLY 18.0 miles
WOOD RIDGE, NJ 7075
170 PROSPECT AVE STE 201 18.1 miles
HACKENSACK, NJ 7601
360 ESSEX ST STE 203 18.1 miles
HACKENSACK, NJ 7601
71 UNION AVE STE 103 18.1 miles
RUTHERFORD, NJ 7070
17 Sylvan St, 18.3 miles
Rutherford, NJ 7070
60 MAIN ST STE 2 C 18.4 miles
WARWICK, NY 10990
215 OLD HOOK RD 18.4 miles
WESTWOOD, NJ 7675
464 VALLEY BROOK AVE 18.4 miles
LYNDHURST, NJ 7071
261 Old Hook Rd, 18.5 miles
Westwood, NJ 7675
560 NEW YORK AVE 18.5 miles
LYNDHURST, NJ 7071
2 CITY HALL PLZ STE 302 18.6 miles
RAHWAY, NJ 7065
60 1ST ST 18.6 miles
SOUTH ORANGE, NJ 7079
125 Newton - Sparta Road, Suite 1 18.7 miles
Newton, NJ 7860
55 OLD TURNPIKE RD STE 401 18.7 miles
NANUET, NY 10954
150 NORTH ST 19.0 miles
TETERBORO, NJ 7608
420 Nanuet Mall S, Unit 307 19.4 miles
Nanuet, NY 10954
33 NEWTON SPARTA RD 19.5 miles
NEWTON, NJ 7860
225 MILLBURN AVE STE 303 19.6 miles
MILLBURN, NJ 7041
104 E ROUTE 59 19.6 miles
NANUET, NY 10954
65 LOVE LN 19.6 miles
NETCONG, NJ 7857
116 MILLBURN AVE STE 102 19.8 miles
MILLBURN, NJ 7041
40 WASHINGTON AVE 19.9 miles
DUMONT, NJ 7628
2040 MILLBURN AVE STE 203 20.0 miles
MAPLEWOOD, NJ 7040
180 BOYDEN AVE 20.1 miles
MAPLEWOOD, NJ 7040
179 Cedar Lane, Suite E 20.1 miles
Teaneck, NJ 7666
259 N MIDDLETOWN RD 20.1 miles
NANUET, NY 10954
27 TOTE RD 20.3 miles
BYRAM TOWNSHIP, NJ 7821
718 TEANECK RD 20.4 miles
TEANECK, NJ 7666
1540 ROUTE 202 STE 6 20.6 miles
POMONA, NY 10970
140 FRANKLIN RD 20.6 miles
TEANECK, NJ 7666
1 ORCHARD ST 20.7 miles
RIDGEFIELD PARK, NJ 7660
181 HIGH ST 20.8 miles
NEWTON, NJ 7860
978 Route 45, Ste 202 20.9 miles
Pomona, NY 10970
2300 VAUXHALL RD 21.0 miles
UNION, NJ 7083
444-450 BERGEN ST HARRISON PLAZA SHOPPING MALL 21.0 miles
HARRISON, NJ 7029
450 BERGEN ST 21.0 miles
HARRISON, NJ 7029
24 Commerce St, 4th floor, Suite 410 21.0 miles
Newark, NJ 7102
2333 MORRIS AVE STE A12 21.3 miles
UNION, NJ 7083
210 MEADOWLANDS PKWY 21.4 miles
SECAUCUS, NJ 7094
406 MILLTOWN RD 21.5 miles
SPRINGFIELD, NJ 7081
99 DUTCH HILL RD STE 1200 21.7 miles
ORANGEBURG, NY 10962
25 Rockwood Pl, Ste 1 21.7 miles
Englewood, NJ 7631
375 MCCARTER HWY 21.8 miles
NEWARK, NJ 7114
1896 Morris Ave, 2nd Floor 21.8 miles
Union, NJ 7083
500 PIERMONT RD STE 304 21.9 miles
CLOSTER, NJ 7624
160 PARIS AVE STE 1 21.9 miles
NORTHVALE, NJ 7647
90 US HIGHWAY 22 21.9 miles
SPRINGFIELD, NJ 7081
221 CHESTNUT ST 21.9 miles
NEWARK, NJ 7105
200 US HIGHWAY 22 22.0 miles
SPRINGFIELD, NJ 7081
30 SEAVIEW DR 22.1 miles
SECAUCUS, NJ 7094
1 Anderson Rd, Ste 101, Lower Level Public Li 22.2 miles
Bernardsville, NJ 7924
151 N Main St, Unit 307 22.2 miles
New City, NY 10956
368 SPRING ST 22.9 miles
UNION, NJ 7083
451-479 DOREMUS AVE 23.3 miles
NEWARK, NJ 7105
464 Hudson Terrace, 23.4 miles
Englewood Cliffs, NJ 7632
800 SYLVAN AVE 23.4 miles
ENGLEWOOD CLIFFS, NJ 7632
340 AIRIS DR STE 203 23.4 miles
NEWARK, NJ 7114
339-1 AIRIS DR STE 205 23.4 miles
NEWARK, NJ 7114
6701 BERGENLINE AVE 23.4 miles
WEST NEW YORK, NJ 7093
663 PALISADE AVE 23.5 miles
CLIFFSIDE PARK, NJ 7010
4914-4922 Kennedy Blvd., Suite 206 23.5 miles
West New York, NJ 7093
3196 KENNEDY BLVD 2ND FL 23.5 miles
UNION CITY, NJ 7087
18 LYONS MALL 24.0 miles
BASKING RIDGE, NJ 7920
522 CENTRAL AVE 24.1 miles
JERSEY CITY, NJ 7307
311 NORTH MIDLAND AVE 24.1 miles
NYACK, NY 10960
189 Elm St, Lower Level 24.1 miles
Westfield, NJ 7090
854 W SIDE AVE 24.2 miles
JERSEY CITY, NJ 7306
711 E 1st Ave, Store #17 24.2 miles
Roselle, NJ 7203
500 WESTFIELD AVE 24.3 miles
ELIZABETH, NJ 7208
574 SUMMIT AVE 4th Floor 24.5 miles
JERSEY CITY, NJ 7306
600 Pavonia Ave, 3rd floor 24.5 miles
Jersey City, NJ 7306
34 N ROUTE 9W 24.6 miles
WEST HAVERSTRAW, NY 10993
606 DOWD AVE 24.6 miles
ELIZABETH, NJ 7201
791 Route 17M, Monroe Shopping Center 24.6 miles
Monroe, NY 10950
595 DIVISION ST 24.6 miles
ELIZABETH, NJ 7201
313 SOUTH AVE STE 104 24.9 miles
FANWOOD, NJ 7023
3421 BROADWAY 24.9 miles
NEW YORK, NY 10031
4876 BROADWAY 25.0 miles
NEW YORK, NY 10034
505 STATE ROUTE 208 Ste 15 25.0 miles
MONROE, NY 10950
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