FMCSA/CDL DRUG TESTING Sharon, MA
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 Sharon, MA
7 INDEPENDENCE WAY APT 13 2.8 miles
FRANKLIN, MA 2038
335 Morse St, 1st Floor, 3.5 miles
Norwood, MA 2062
38 VANDERBILT AVE STE E 3.7 miles
NORWOOD, MA 2062
286 WASHINGTON ST 4.2 miles
STOUGHTON, MA 2072
100 JOHN RD 4.2 miles
CANTON, MA 2021
101 ACCESS RD STE 1B 4.5 miles
NORWOOD, MA 2062
14 ROCKHILL ST 5.3 miles
FOXBORO, MA 2035
966 PARK ST UNIT B7 5.6 miles
STOUGHTON, MA 2072
10 Commercial St, 5.6 miles
Foxboro, MA 2035
75 Stockwell Dr 5.8 miles
Avon, MA 2322
682 DEPOT ST 7.2 miles
NORTH EASTON, MA 2356
370 PROVIDENCE HWY 8.9 miles
DEDHAM, MA 2026
200 PROVIDENCE HWY STE 202-203 9.0 miles
DEDHAM, MA 2026
100 BAY STATE DR 9.6 miles
BRAINTREE, MA 2184
340 Wood Rd, Suite 302, 9.7 miles
Braintree, MA 2184
250 POND ST 9.9 miles
BRAINTREE, MA 2184
774 SOUTH ST 9.9 miles
WRENTHAM, MA 2093
759 GRANITE ST 10.0 miles
BRAINTREE, MA 2184
210 Quincy Ave, 10.0 miles
Brockton, MA 2302
65 MUNROE DR 10.0 miles
N ATTLEBORO, MA 2760
160 BUNGAY RD 10.4 miles
NORTH ATTLEBORO, MA 2760
485 GRANITE ST 10.4 miles
BRAINTREE, MA 2184
10 FORBES RD STE 260E 10.4 miles
BRAINTREE, MA 2184
92 HIGHLAND ST 10.4 miles
MILTON, MA 2186
199 REEDSDALE RD 10.6 miles
MILTON, MA 2186
2 Adams Place Suite 305 10.7 miles
Quincy, MA 2169
81B MAIN ST 11.1 miles
MEDWAY, MA 2053
1996 CENTRE ST 11.3 miles
WEST ROXBURY, MA 2132
148 CHESTNUT ST 11.3 miles
NEEDHAM, MA 2492
32 LAURELWOOD DR 11.5 miles
NORTH ATTLEBORO, MA 2760
500 Congress St Ste 1e, 11.5 miles
Quincy, MA 2169
895 MOUNT HOPE ST 11.6 miles
NORTH ATTLEBORO, MA 2760
286 NEHOIDEN ST 11.6 miles
NEEDHAM, MA 2492
620 MYLES STANDISH BLVD 12.1 miles
TAUNTON, MA 2780
851 Main Street, 2nd Floor 12.1 miles
S. Weymouth, MA 2190
922 HIGHLAND AVE 12.3 miles
NEEDHAM, MA 2494
165 GRANITE ST 12.4 miles
QUINCY, MA 2169
2100 DORCHESTER AVE 12.4 miles
DORCHESTER, MA 2124
426 MOUNT HOPE ST UNIT 501 12.5 miles
NORTH ATTLEBORO, MA 2760
21 SCHOOL ST 12.6 miles
QUINCY, MA 2169
Onsite Only 12.7 miles
Whitman, MA 2382
ON-SITE FOR POH ONLY 12.9 miles
NORTH ATTLEBORO, MA 2760
55 N WASHINGTON ST 12.9 miles
NORTH ATTLEBORO, MA 2760
20 DEANVILLE RD 13.0 miles
Attleboro, MA 2703
211 PARK ST 13.2 miles
ATTLEBORO, MA 2703
34 S MAIN ST PO BOX 600 14.3 miles
ATTLEBORO, MA 2703
945 WORCESTER ST ROUTE 9W 14.3 miles
NATICK, MA 1760
1400 CENTRE ST, STE 208 14.3 miles
NEWTON CENTER, MA 2459
125 PARKER HILL AVE 15.0 miles
BOSTON, MA 2120
500 CUMMINGS CTR Ste 4350 15.4 miles
BEVERLY, MA 1915
190 N MAIN ST 15.5 miles
NATICK, MA 1760
319 Longwood Ave, 15.5 miles
Boston, MA 2115
42 Washington Street 15.7 miles
Norwell, MA 2061
1285 Beacon St 15.7 miles
Brookline, MA 2446
358 HARVARD ST 15.8 miles
BROOKLINE, MA 2446
850 HARRISON AVE STE 1N67 15.8 miles
BOSTON, MA 2118
1180 Beacon St Ste 1D, 15.9 miles
Brookline, MA 2446
1101 Beacon St, 1st floor 15.9 miles
Brookline, MA 2446
736 CAMBRIDGE ST DEPARTMENT OF OCC HLTH AND TRAVEL 15.9 miles
BRIGHTON, MA 2135
1 MARINA PARK DR. 16.0 miles
WEST NEWTON, MA 2465
61 Lincoln St, Suite 308 16.6 miles
Framingham, MA 1702
376 Arsenal Street 16.8 miles
Watertown, MA 2472
50 WORCESTER RD STE 3 17.0 miles
FRAMINGHAM, MA 1702
124 WESTERN AVE 17.1 miles
ALLSTON, MA 2134
114 WESTERN AVE 17.1 miles
ALLSTON, MA 2134
51 Sawyer Rd Ste 200 17.2 miles
Waltham, MA 2453
Onsite Only #1 17.2 miles
Cambridge, MA 2139
160 S MAIN ST 17.3 miles
MILFORD, MA 1757
1399 WASHINGTON ST 17.3 miles
HANOVER, MA 2339
101 ARCH ST STE 20 17.4 miles
BOSTON, MA 2110
70 HOPE AVE APT 409 17.5 miles
WALTHAM, MA 2453
9 HOPE AVE 17.6 miles
WALTHAM, MA 2453
98 N WASHINGTON ST STE 107 17.7 miles
BOSTON, MA 2114
1400 CAMBRIDGE ST 18.0 miles
CAMBRIDGE, MA 2139
1493 CAMBRIDGE ST 18.0 miles
CAMBRIDGE, MA 2139
1030 MAIN ST 18.1 miles
WALTHAM, MA 2451
115 WATER ST 2ND FL 18.1 miles
MILFORD, MA 1757
12 EVERETT ST 18.2 miles
CAMBRIDGE, MA 2138
41 CARLETON RD 18.3 miles
BELMONT, MA 2478
25 JOHN A CUMMINGS WAY 18.4 miles
WOONSOCKET, RI 2895
601 Concord Ave 18.6 miles
Cambridge, MA 2138
7 FRANCINE RD 18.7 miles
FRAMINGHAM, MA 1701
725 CONCORD AVE STE 5100 18.7 miles
CAMBRIDGE, MA 2138
16 WESTWOOD RD 18.8 miles
SOMERVILLE, MA 2143
10 CAMBRIA ST 18.9 miles
SOMERVILLE, MA 2143
6 BLACKSTONE VALLEY PL 19.1 miles
LINCOLN, RI 2865
209 ARMISTICE BLVD 19.1 miles
PAWTUCKET, RI 2860
1 HARBORSIDE DR 19.2 miles
EAST BOSTON, MA 2128
5 MIDDLESEX AVE 19.4 miles
SOMERVILLE, MA 2145
116 EDDIE DOWLING HWY 19.6 miles
NORTH SMITHFIELD, RI 2896
223 Chief Justice Cushing Hwy, 19.7 miles
Cohasset, MA 2025
2 WAKE ROBIN RD UNIT 106 19.8 miles
LINCOLN, RI 2865
425 FRONT ST 19.8 miles
LINCOLN, RI 2865
101 STATION LNDG 20.3 miles
MEDFORD, MA 2155
9 Faun Bar Avenue Ste 2 20.4 miles
WINTHROP, MA 2152
156 SAINT ANDREW RD 20.4 miles
EAST BOSTON, MA 2128
37 MANNING ST 20.8 miles
MEDFORD, MA 2155
92 HIGH ST 20.9 miles
MEDFORD, MA 2155
52 CREST AVE STE 7A 21.1 miles
WINTHROP, MA 2152
421 PINE ST 21.6 miles
MARSHFIELD, MA 2050
20 S BORDER RD 21.8 miles
MEDFORD, MA 2155
219 CENTRE ST 21.8 miles
MALDEN, MA 2148
100 HIGHLAND AVE, STE 302 21.9 miles
PROVIDENCE, RI 2906
28 Newton St 22.0 miles
Southboro, MA 1772
290 BRANCH AVE 22.3 miles
PROVIDENCE, RI 2904
1970 PAWTUCKET AVE 22.5 miles
EAST PROVIDENCE, RI 2914
1800 MINERAL SPRING AVE STE 265 22.8 miles
NORTH PROVIDENCE, RI 2904
1 Randall Sq, 22.9 miles
Providence, RI 2904
200 HIGH SERVICE AVE 23.2 miles
NORTH PROVIDENCE, RI 2904
35 BEDFORD ST 23.3 miles
LEXINGTON, MA 2420
58 BEDFORD ST 23.3 miles
LEXINGTON, MA 2420
132A GEORGE M COHAN BLVD 23.6 miles
PROVIDENCE, RI 2903
1589 FALL RIVER AVE 24.1 miles
SEEKONK, MA 2771
756 EDDY ST SUITE 101 24.5 miles
PROVIDENCE, RI 2903
ON-SITE FOR POH ONLY 24.8 miles
STONEHAM, MA 2180
90 MIDDLESEX TPKE 24.8 miles
BURLINGTON, MA 1803
21 PEACE ST 25.0 miles
PROVIDENCE, RI 2907
1010 G A R HWY 25.1 miles
SWANSEA, MA 2777
157 UNION ST 25.1 miles
MARLBOROUGH, MA 1752
157 UNION ST 25.1 miles
MARLBORO, MA 1752
POH on-site only 25.5 miles
WOBURN, MA 1801
Onsite Only 25.5 miles
Woburn Ma, MA 1801
52 BOW ST 25.6 miles
STONEHAM, MA 2180
42 BOSTON POST RD W 25.6 miles
MARLBOROUGH, MA 1752
7 DEANE ST 25.7 miles
MAYNARD, MA 1754
1526 ATWOOD AVE STE 100 26.1 miles
JOHNSTON, RI 2919
800 W CUMMINGS PARK STE 5225 26.2 miles
WOBURN, MA 1801
600 W Cummings Park Ste 3400 26.2 miles
Woburn, MA 1801
16 Main Street 26.6 miles
Stoneham, MA 2180
45 Resnik Rd Ste 201 26.8 miles
Plymouth, MA 2360
On-site only 27.0 miles
Wakefield, MA 1880
371 BROADWAY 27.0 miles
SAUGUS, MA 1906
5 WINTER ST 27.1 miles
HUDSON, MA 1749
495 ATWOOD AVE 27.3 miles
CRANSTON, RI 2920
333 SW Cutoff Suite 202 27.5 miles
Northborough, MA 1532
271 WESTERN AVE STE102 27.8 miles
LYNN, MA 1904
101 President Ave, 1st Floor, 28.0 miles
Fall River, MA 2720
48 HAMILTON AVE 28.0 miles
BILLERICA, MA 1821
17 MAIN ST APT 2A 28.4 miles
WAKEFIELD, MA 1880
1131 WARWICK AVE 28.4 miles
WARWICK, RI 2888
534 PROSPECT ST 28.5 miles
FALL RIVER, MA 2720
51 JEFFERSON BLVD STE 5 28.6 miles
WARWICK, RI 2888
110 JEFFERSON BLVD STE E2 28.7 miles
WARWICK, RI 2888
95 SOCKANOSSET CROSS RD ste 103 28.9 miles
CRANSTON, RI 2920
427 PLYMOUTH AVE 29.4 miles
FALL RIVER, MA 2721
429 PLYMOUTH AVE 29.4 miles
FALL RIVER, MA 2721
1400 PONTIAC AVE 29.5 miles
CRANSTON, RI 2920
57 Long Pond Rd, 29.9 miles
Plymouth, MA 2360
510 BOSTON RD 29.9 miles
BILLERICA, MA 1821
275 SANDWICH ST 30.0 miles
PLYMOUTH, MA 2360
110 LONG POND RD 30.1 miles
PLYMOUTH, MA 2360
66B CONCORD ST 30.4 miles
WILMINGTON, MA 1887
1 ORTHOPEDICS DR LOWR LEVEL 30.6 miles
PEABODY, MA 1960
1312 OAKLAWN AVE 30.7 miles
CRANSTON, RI 2920
528 NEWTON ST 30.8 miles
FALL RIVER, MA 2721
400 BALD HILL RD 31.3 miles
WARWICK, RI 2886
141 MASSASOIT RD 31.6 miles
WORCESTER, MA 1604
352 BELMONT ST 31.7 miles
WORCESTER, MA 1604
229 Andover Street 31.8 miles
Peabody, MA 1960
490 SHREWSBURY ST 32.0 miles
WORCESTER, MA 1604
630 PLANTATION ST 32.0 miles
WORCESTER, MA 1605
221 Boston Rd, Suite 1, 32.2 miles
Billerica, MA 1862
140 Commonwealth Ave, 32.2 miles
Danvers, MA 1923
348 Greenwood Street 32.2 miles
Worcester, MA 1607
455 TOLL GATE RD 32.5 miles
WARWICK, RI 2886
Onsite Only 32.6 miles
Plymouth, MA 2360
60 Samoser St Apt 1 32.6 miles
Plymouth, MA 2360
606 TARKILN HILL RD 32.8 miles
NEW BEDFORD, MA 2745
500 Lincoln Street 32.8 miles
Worcester, MA 1605
535 CENTERVILLE RD STE 102 33.0 miles
WARWICK, RI 2886
100 MLK, Jr. Blvd, Lower Level 33.2 miles
Worcester, MA 1608
35 MILLBURY ST 33.3 miles
AUBURN, MA 1501
415 MAIN ST 33.3 miles
WORCESTER, MA 1608
140 NAUSET ST 33.9 miles
NEW BEDFORD, MA 2746
255 PARK AVE STE 400 34.2 miles
WORCESTER, MA 1609
39 Village Square, 34.2 miles
Chelmsford, MA 1824
3 PERRY PL 34.3 miles
AUBURN, MA 1501
119 Coggeshall Street 34.7 miles
New Bedford, MA 2746
43 HIGH ST 34.7 miles
WAREHAM, MA 2571
106 Main Street, Suite 4 34.8 miles
Wareham, MA 2571
345 MAIN ST 34.9 miles
TEWKSBURY, MA 1876
194 NORTH ST 34.9 miles
DANVERS, MA 1923
49 State Rd, Suite 202 35.2 miles
North Dartmouth, MA 2747
1000 DIVISION RD 35.5 miles
EAST GREENWICH, RI 2818
1155 PURCHASE ST 35.6 miles
NEW BEDFORD, MA 2740
700 Rogers Street, 35.6 miles
Lowell, MA 1854
71 SANDY BOTTOM RD STE A 35.7 miles
COVENTRY, RI 2816
48 PAULINE ST 35.8 miles
NORTH DARTMOUTH, MA 2747
101 PAGE ST 36.3 miles
NEW BEDFORD, MA 2740
210 WASHINGTON ST 36.3 miles
FAIRHAVEN, MA 2719
10 RESEARCH PL STE 200 36.3 miles
NORTH CHELMSFORD, MA 1863
5750 POST RD 36.4 miles
EAST GREENWICH, RI 2818
P.O. Box 546 36.5 miles
Andover, MA 1810
1 HOSPITAL DR 36.8 miles
LOWELL, MA 1852
200 GROTON RD 37.4 miles
AYER, MA 1432
138 Haverhill St, 38.5 miles
Andover, MA 1810
7260 POST RD 38.6 miles
NORTH KINGSTOWN, RI 2852
3461 S COUNTY TRL 39.1 miles
EAST GREENWICH, RI 2818
435 Lancaster Street Suite 214A 39.6 miles
Leominster, MA 1453
103 STATE RD 39.7 miles
SAGAMORE BEACH, MA 2562
1 TROWBRIDGE RD STE 200 39.8 miles
BOURNE, MA 2532
424 CENTRAL ST 39.9 miles
LEOMINSTER, MA 1453
330 POMFRET ST 40.4 miles
PUTNAM, CT 6260
1 Branch St, 40.5 miles
Methuen, MA 1844
1051 TEN ROD RD 40.5 miles
NORTH KINGSTOWN, RI 2852
200 SUTTON ST STE 135 40.6 miles
NORTH ANDOVER, MA 1845
1 GENERAL ST 40.7 miles
LAWRENCE, MA 1841
60 HOSPITAL RD 41.6 miles
LEOMINSTER, MA 1453
60 EAST ST STE 1400 41.9 miles
METHUEN, MA 1844
67 VALLEY RD 42.0 miles
MIDDLETOWN, RI 2842
850 AQUIDNECK AVE UNIT A9 42.4 miles
MIDDLETOWN, RI 2842
228 DANIEL WEBSTER HWY 43.0 miles
NASHUA, NH 3060
380 MERRIMACK ST, STE B2 43.4 miles
METHUEN, MA 1844
411 MERRIMACK ST STE 205 43.4 miles
METHUEN, MA 1844
32 OAKES AVE 1ST FL 44.2 miles
SOUTHBRIDGE, MA 1550
45 Stiles Rd Ste 102, 45.2 miles
Salem, NH 3079
31 STILES RD STE 1300 45.2 miles
SALEM, NH 3079
25 PELHAM RD, STE 103A 45.4 miles
SALEM, NH 3079
215 SUMMER ST STE 14 45.7 miles
HAVERHILL, MA 1830
159 N BROADWAY 46.0 miles
SALEM, NH 3079
296 Main Street 46.0 miles
Haverhill, MA 1830
300 Main St, 46.0 miles
Nashua, NH 3060
166 KINSLEY ST STE 203 46.1 miles
NASHUA, NH 3060
289 Main St, 46.2 miles
Salem, NH 3079
17 RIVERSIDE ST STE 202 46.4 miles
NASHUA, NH 3062
8 AUBURN ST 47.0 miles
NASHUA, NH 3064
14A BROAD ST 47.4 miles
NASHUA, NH 3064
49 RANGE RD STE 101 47.7 miles
WINDHAM, NH 3087
12 BRAMBLE BUSH DRIVE 48.0 miles
FALMOUTH, MA 2540
350 Gifford St Ste 15-17, 48.4 miles
Falmouth, MA 2540
558 NORWICH RD 48.4 miles
PLAINFIELD, CT 6374
309 TEATICKET HWY 48.6 miles
EAST FALMOUTH, MA 2536
730 Kingstown Road, 49.4 miles
Wakefield, RI 2879
360 KINGSTOWN RD STE 104 49.8 miles
NARRAGANSETT, RI 2882
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