FMCSA/CDL DRUG TESTING Leitch, MD
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 Leitch, MD
3169 BRAVERTON ST, STE 200 11.6 miles
EDGEWATER, MD 21037
75 MAYO RD 11.7 miles
EDGEWATER, MD 21037
3059 SOLOMONS ISLAND RD 12.2 miles
EDGEWATER, MD 21037
Onsite Only 13.7 miles
Largo, MD 20774
1430 SOLOMONS ISLAND RD STE 6 13.7 miles
HUNTINGTOWN, MD 20639
1419 FOREST DR STE 104 13.9 miles
ANNAPOLIS, MD 21403
130 HOSPITAL RD 14.2 miles
PRINCE FREDERICK, MD 20678
110 HOSPITAL RD STE 310 14.3 miles
PRINCE FREDERICK, MD 20678
2661 RIVA RD BLDG 600 SUITE 610 14.4 miles
ANNAPOLIS, MD 21401
995 PRINCE FREDERICK BLVD #107 14.5 miles
PRINCE FREDERICK, MD 20678
3060 MITCHELLVILLE RD 14.7 miles
BOWIE, MD 20716
96 ARMORY RD STE 102 15.0 miles
PRINCE FREDERICK, MD 20678
4000 Mitchellville Rd Ste A112, 15.2 miles
Bowie, MD 20716
12555 CENTRAL AVE. STE A&F 15.4 miles
CHINO, CA 91710
11435 ABBOTTSWOOD CT 15.8 miles
UPPER MARLBORO, MD 20774
11435 ABBOTTSWOOD CT 15.8 miles
LARGO, MD 20774
820 Bestgate Rd, 15.9 miles
Annapolis, MD 21401
11947 WINGED FOOT CT 16.6 miles
WALDORF, MD 20602
9141 ALAKING CT STE 112 17.0 miles
CAPITOL HEIGHTS, MD 20743
4355 FORESTVILLE RD APT 302 17.5 miles
FORESTVILLE, MD 20747
1600A BRIGHTSEAT RD APT 301 17.9 miles
HYATTSVILLE, MD 20785
8700 CENTRAL AVE STE 204 18.0 miles
LANDOVER, MD 20785
7700 OLD BRANCH AVE E108 18.3 miles
CLINTON, MD 20735
12200 ANNAPOLIS RD, SUITE 120 18.6 miles
GLENN DALE, MD 20769
ONSITE ONLY 18.7 miles
ANNAPOLIS, MD 21409
1667 Homewood Landing Rd 18.7 miles
Annapolis, MD 21409
2170 OLD WASHINGTON RD STE 111 18.8 miles
WALDORF, MD 20601
3510 HEIDI LN 19.0 miles
SPRINGDALE, MD 20774
4451 PARLIAMENT PL STE G 19.5 miles
LANHAM, MD 20706
Onsite Only 19.6 miles
Hughesville, MD 20637
5 CHESTER PLZ 19.7 miles
CHESTER, MD 21619
12070 OLD LINE CTR STE 201 20.5 miles
WALDORF, MD 20602
3070 HEATHCOTE RD 20.8 miles
WALDORF, MD 20602
5606 HOLTON LN 20.9 miles
TEMPLE HILLS, MD 20748
10117 PALAMAR DR 21.0 miles
LANHAM, MD 20706
2112 DIDONATO DR, STE F 21.4 miles
CHESTER, MD 21619
3460 Old Washington Rd Ste 104, 21.6 miles
Waldorf, MD 20602
3500 OLD WASHINGTON RD STE 104 21.6 miles
WALDORF, MD 20602
537 RITCHIE HWY STE 2G 21.7 miles
SEVERNA PARK, MD 21146
4121 MINNESOTA AVE NE 22.6 miles
WASHINGTON, DC 20019
408 HEADQUARTERS DR STE 3-B 23.4 miles
MILLERSVILLE, MD 21108
7933 BELLE POINT DR 23.8 miles
GREENBELT, MD 20770
6201 Greenbelt Rd, Suite M3 24.4 miles
College Park, MD 20740
3708 MOUNTAIN RD 24.9 miles
PASADENA, MD 21122
125 SHOREWAY DR 25.8 miles
QUEENSTOWN, MD 21658
8615 COMMERCE DR STE 4 25.8 miles
EASTON, MD 21601
219 S WASHINGTON ST 26.0 miles
EASTON, MD 21601
200 Hospital Dr Ste 103, 26.0 miles
Glen Burnie, MD 21061
920 VARNUM ST NE 26.3 miles
WASHINGTON, DC 20017
10452 BALTIMORE AVE 26.3 miles
BELTSVILLE, MD 20705
4729 SELLMAN RD 26.4 miles
BELTSVILLE, MD 20705
On-site ONLY 26.6 miles
LAUREL, MD 20724
808 LANDMARK DR STE 116 26.8 miles
GLEN BURNIE, MD 21061
225 REINEKERS LN 26.9 miles
ALEXANDRIA, VA 22314
401 PURDY ST, STE 202 26.9 miles
EASTON, MD 21601
911 U ST NW 27.0 miles
WASHINGTON, DC 20001
8163 OCEAN GTWY 27.1 miles
EASTON, MD 21601
815 CONNECTICUT AVE NW 27.2 miles
WASHINGTON, DC 20006
P. O. BOX 376 27.2 miles
LAUREL, MD 20725
6020 RICHMOND HWY STE 100 27.2 miles
ALEXANDRIA, VA 22303
3422 GEORGIA AVE NW 27.4 miles
WASHINGTON, DC 20010
1145 19TH ST NW STE 601 27.6 miles
WASHINGTON, DC 20036
1145 19th Street NW Suite 506 27.6 miles
Washington, DC 20036
1140 19TH ST NW STE 700 27.6 miles
WASHINGTON, DC 20036
802 Cromwell Park Dr STE H-Cromwell Business Park 27.6 miles
Glen Burnie, MD 21061
2029 K ST NW STE 301 27.7 miles
WASHINGTON, DC 20006
8101 HINSON FARM RD STE 314 27.8 miles
ALEXANDRIA, VA 22306
201 CENTENNIAL ST B1 27.8 miles
LA PLATA, MD 20646
7609 RICHMOND HWY STE B 28.0 miles
Alexandria, VA 22306
2440 M St NW Ste 414, 28.1 miles
Washington, DC 20037
811 CROMWELL PARK DR STE 104 28.5 miles
GLEN BURNIE, MD 21061
403 CHARLES ST 3 28.9 miles
LA PLATA, MD 20646
3059 MARSHALL HALL RD 29.1 miles
BRYANS ROAD, MD 20616
3263 COLUMBIA PIKE 29.2 miles
ARLINGTON, VA 22204
20 Creston Ln Ste F 29.4 miles
Solomons, MD 20688
8121 GEORGIA AVE STE 208 29.4 miles
SILVER SPRING, MD 20910
4320 SEMINARY RD 29.5 miles
ALEXANDRIA, VA 22304
4527 DUKE ST 29.6 miles
ALEXANDRIA, VA 22304
1401 BLAIR MILL RD APT 1222 29.7 miles
SILVER SPRING, MD 20910
3301 WILSON BLVD 30.0 miles
ARLINGTON, VA 22201
503 BYRN ST, 2ND FL 30.1 miles
CAMBRIDGE, MD 21613
13823 OUTLET DR 30.1 miles
SILVER SPRING, MD 20904
8768 SUSINI DR 30.2 miles
LAUREL, MD 20723
5130 DUKE ST STE 10 30.3 miles
ALEXANDRIA, VA 22304
14090 SOLOMONS ISLAND RD S STE 1400 30.4 miles
SOLOMONS, MD 20688
5550 COLUMBIA PIKE APT 551 30.6 miles
ARLINGTON, VA 22204
7377 WASHINGTON BLVD STE 101-102 30.8 miles
ELKRIDGE, MD 21075
1005 N GLEBE RD STE 140 30.9 miles
ARLINGTON, VA 22201
24035 THREE NOTCH RD 30.9 miles
HOLLYWOOD, MD 20636
6785 Business Pkwy 30.9 miles
Elkridge, MD 21075
3676 Alpen Greenway 31.0 miles
Burtonsville, MD 20866
9801 GEORGIA AVE STE 222 31.1 miles
SILVER SPRING, MD 20902
6144 EDSALL RD APT 303 31.2 miles
ALEXANDRIA, VA 22304
6226 OLD FRANCONIA RD 31.8 miles
ALEXANDRIA, VA 22310
6064 Arlington Blvd, Falls Church Medical Center 31.9 miles
Falls Church, VA 22044
701 DIGITAL DRIVE STE L 32.0 miles
LINTHICUM HEIGHTS, MD 21090
11002 VEIRS MILL RD STE 700 32.3 miles
WHEATON, MD 20902
6656 DOBBIN RD 32.3 miles
COLUMBIA, MD 21045
25500 POINT LOOKOUT RD 32.4 miles
LEONARDTOWN, MD 20650
5590 GENERAL WASHINGTON DR 32.7 miles
ALEXANDRIA, VA 22312
8218 WISCONSIN AVE STE 208 32.7 miles
BETHESDA, MD 20814
5822 OAKLAND RD 33.1 miles
HALETHORPE, MD 21227
6715 Little River Turnpike Ste 300 33.2 miles
Annandale, VA 22003
22576 MACARTHUR BLVD 33.3 miles
CALIFORNIA, MD 20619
6120 BRANDON AVE STE 105 33.4 miles
SPRINGFIELD, VA 22150
5501 BACKLICK RD 33.6 miles
SPRINGFIELD, VA 22151
5510 ALMA LN STE 200 33.6 miles
SPRINGFIELD, VA 22151
22196 THREE NOTCH RD ste 309 34.1 miles
LEXINGTON PARK, MD 20653
2701 W PATAPSCO AVE STE 225 34.1 miles
BALTIMORE, MD 21230
920 W BROAD ST STE B 34.5 miles
FALLS CHURCH, VA 22046
4807 BENSON AVE 34.5 miles
BALTIMORE, MD 21227
1730 Merritt Blvd Choice One UC Baltimore 34.7 miles
Baltimore, MD 21222
1419 KNECHT AVE 34.8 miles
BALTIMORE, MD 21227
1833 PORTAL ST 35.0 miles
BALTIMORE, MD 21224
7839 ROLLING RD STE A 35.0 miles
SPRINGFIELD, VA 22153
1576 MERRITT BLVD STE 2 35.3 miles
BALTIMORE, MD 21222
1576 MERRITT BLVD STE 3 35.3 miles
DUNDALK, MD 21222
1501 S CLINTON ST 11 FL 35.4 miles
BALTIMORE, MD 21224
11055 Little Patuxent Pkwy, SUITE 202 35.6 miles
Columbia, MD 21044
3600 ODONNELL ST STE 170 35.6 miles
BALTIMORE, MD 21224
726 LIGHT ST 35.7 miles
BALTIMORE, MD 21230
20945 GREAT MILLS RD STE 202 36.2 miles
LEXINGTON PARK, MD 20653
100 S CHARLES ST STE 150 36.3 miles
BALTIMORE, MD 21201
8316 ARLINGTON BLVD STE 206 36.6 miles
FAIRFAX, VA 22031
3020 Hamaker Court, B-110 37.0 miles
Fairfax, VA 22031
8501 Arlington Blvd Ste 120, 37.0 miles
Fairfax, VA 22031
5411 Old Frederick Rd Ste 9, 37.1 miles
Baltimore, MD 21229
18111 PRINCE PHILIP DR, STE T12 37.7 miles
OLNEY, MD 20832
1812 BOLTON ST APT 3 37.8 miles
BALTIMORE, MD 21217
9055 Chevrolet Dr Ste 101, 37.9 miles
Ellicott City, MD 21043
PO BOX 59815 38.1 miles
ROCKVILLE, MD 20859
216 Locust St 38.1 miles
Occaquan, VA 22125
9396D BALTIMORE NATIONAL PIKE 38.2 miles
ELLICOTT CITY, MD 21042
2300 Garrison Blvd Ste 206, 38.5 miles
Baltimore, MD 21216
8101 PULASKI HWY STE H 38.5 miles
BALTIMORE, MD 21237
2901 SAINT PAUL ST 38.7 miles
BALTIMORE, MD 21218
2 East Rolling Crossroads, Suite 51 38.7 miles
Catonsville, MD 21228
100 MAPLE AVE E 39.0 miles
VIENNA, VA 22180
14527 JEFFERSON DAVIS HWY FEATHERSTONE SQUARE SHOPPING CTR 39.0 miles
WOODBRIDGE, VA 22191
1650 UNION AVE 39.4 miles
BALTIMORE, MD 21211
2080 Daniel Stuart Square, 39.4 miles
Woodbridge, VA 22191
4419 FALLS RD STE D 40.1 miles
BALTIMORE, MD 21211
9114 PHILADELPHIA RD STE 108 40.5 miles
BALTIMORE, MD 21237
6820 HOSPITAL DR, STE 201 40.5 miles
BALTIMORE, MD 21237
9110 Philadelphia Rd Ste 212, 40.6 miles
Baltimore, MD 21237
2401 W BELVEDERE AVE HOFFBERGER STE 54 40.6 miles
BALTIMORE, MD 21215
10560 MAIN ST 40.7 miles
FAIRFAX, VA 22030
14010 SMOKETOWN ROAD, STE 101 40.7 miles
WOODBRIDGE, VA 22192
10721 MAIN ST STE 3100 41.0 miles
FAIRFAX, VA 22030
10721 Main Street, Suite 1400 41.0 miles
Fairfax, VA 22030
15005 SHADY GROVE RD Ste 450 41.0 miles
ROCKVILLE, MD 20850
15225 Shady Grove Road, Suite 207 41.1 miles
Rockville, MD 20850
9707 Medical Center Dr Ste 120, 41.1 miles
Rockville, MD 20850
514 WASHINGTON AVE, STE 4 41.2 miles
CHESTERTOWN, MD 21620
14800 PHYSICIANS LN STE 131 41.8 miles
ROCKVILLE, MD 20850
42010 VILLAGE CENTER PLZ 42.3 miles
STONE RIDGE, VA 20105
4158 DALE BLVD 42.5 miles
DALE CITY, VA 22193
8945 N WESTLAND DR 42.6 miles
GAITHERSBURG, MD 20877
431 N FREDERICK AVE GAITHERSBURG 42.6 miles
GAITHERSBURG, MD 20877
5400 Old Court Rd Ste 102, 42.7 miles
Randallstown, MD 21133
12731 Marblestone Dr, Suite 100 42.9 miles
Woodbridge, VA 22192
11848 Robertson Farm Circle 43.0 miles
Fairfax, VA 22030
7801 YORK RD STE 360 43.2 miles
TOWSON, MD 21204
17017 DUMFRIES RD 43.3 miles
DUMFRIES, VA 22025
14142 MINNIEVILLE RD MINNIEVILLE PLAZE SUITE 204 43.4 miles
WOODBRIDGE, VA 22193
12581 MILSTEAD WAY STE 103 43.4 miles
WOODBRIDGE, VA 22192
3990 FETTLER PARK DR 43.5 miles
DUMFRIES, VA 22025
17932 FRALEY BLVD STE 405 43.6 miles
DUMFRIES, VA 22026
3928 LANSING CT 43.6 miles
DUMFRIES, VA 22026
803 RUSSELL AVE 43.9 miles
GAITHERSBURG, MD 20879
1860 REISTERSTOWN RD STE A 44.0 miles
PIKESVILLE, MD 21208
1220A E JOPPA RD STE 109 44.0 miles
TOWSON, MD 21286
1838 GREENE TREE RD STE 115 44.2 miles
PIKESVILLE, MD 21208
8600 LASALLE RD YORK BUILDING, STE 515 44.7 miles
TOWSON, MD 21286
3650 JOSEPH SIEWICK DR Ste 400 44.8 miles
FAIRFAX, VA 22033
23 Crossroads Dr, Suite 120 44.9 miles
Owings Mills, MD 21117
12713 SHOPPES LN 44.9 miles
FAIRFAX, VA 22033
1205 York Rd Ste 15a, 45.1 miles
Lutherville, MD 21093
1407 YORK RD STE 311 45.3 miles
LUTHERVILLE, MD 21093
106 Elden St Ste 18b, 45.4 miles
Herndon, VA 20170
208 ELDEN ST 45.6 miles
HERNDON, VA 20170
462 HERNDON PKWY STE 103 45.8 miles
HERNDON, VA 20170
1830 YORK RD STE F 46.2 miles
TIMONIUM, MD 21093
12321 MIDDLEBROOK RD 47.1 miles
GERMANTOWN, MD 20874
6201 CENTREVILLE RD STE 200 47.2 miles
CENTREVILLE, VA 20121
19785 CRYSTAL ROCK DR 47.2 miles
GERMANTOWN, MD 20874
19785 CRYSTAL ROCK DR, STE 308 47.2 miles
GERMANTOWN, MD 20874
20528 Boland Farm Rd Ste 205, 47.3 miles
Germantown, MD 20876
4437 BROOKFIELD CORPORATE DR STE 108 47.9 miles
CHANTILLY, VA 20151
6370 SPRINGFIELD PLZ 48.0 miles
SPRINGFIELD, VA 22150
46440 BENEDICT DR STE 108 48.1 miles
STERLING, VA 20164
8694 CENTREVILLE RD 48.2 miles
MANASSAS, VA 20110
8773 MATHIS AVE 48.3 miles
MANASSAS, VA 20110
1411 H SERVICE RD 48.3 miles
CHANTILLY, VA 20151
1532 Liberty Road, Suite 101 48.4 miles
Eldersburg, MD 21784
11722 REISTERSTOWN RD 48.8 miles
REISTERSTOWN, MD 21136
9003 CHURCH ST 48.9 miles
MANASSAS, VA 20110
21525 RIDGETOP CIR STE 260 48.9 miles
STERLING, VA 20166
21036 TRIPLESEVEN RD 49.1 miles
STERLING, VA 20165
1000 LIBERTY RD STE 102 49.1 miles
ELDERSBURG, MD 21784
45305 CATALINA CT STE 103 49.2 miles
STERLING, VA 20166
10 WARREN RD, STE 260 49.2 miles
COCKEYSVILLE, MD 21030
2120 EMMORTON PARK RD Ste E 49.4 miles
EDGEWOOD, MD 21040
2 Pidgeon Hill Dr Suite 120, 49.5 miles
Sterling, VA 20165
8714 SUDLEY RD 49.6 miles
MANASSAS, VA 20110
8685 Sudley Rd, 49.7 miles
Manassas, VA 20110
8640 SUDLEY RD STE 203 49.8 miles
MANASSAS, VA 20110
8609 SUDLEY RD STE 104 49.8 miles
MANASSAS, VA 20110
2 LYNDHURST CT 49.9 miles
STERLING, VA 20165
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