U.S. Department of Transportation (DOT) 49 CFR Part 40 and Federal Motor Carrier’s Safety Administration’s 49 CFR Part 382 regulate work place drug and alcohol testing. In a previous post we addressed when CDL drivers are required to have a DOT physical examination to certify whether or not they are able to safely operate a commercial vehicle in both Intrastate and Interstate commerce. Please see previous post : “New York State CDL Holders- Do You Need Help Filling Out Your Self Certification Form?”
Federal Department of Transportation regulations address workplace drug and alcohol testing for all its subdivisions. FMCSA regulations address CDL drivers and Motor Carriers specifically.
So, Do you know if you are covered under the regulations above for drug and alcohol testing? You are covered if:
- As an employee or employer who holds a Commercial Driver License (CDL) and operate a Commercial Motor Vehicle with Gross Vehicle Weight Rating/ Gross Vehicle Weight or Gross Combination Weight Rating/ Gross Combination Weight of 26,001 lb or more or
- Designed to carry 16 or more passengers (including the driver) or
- Of any size used to transport hazardous material which require the vehicle to be placarded.
Click Office of Drug and Alcohol Policy and Compliance (ODAPC) link for more information and for requirements for other DOT branches such as FAA, FRA, FTA, PHMSA, and Coast Guard.
If you are covered you must be tested in the following instances:
- Reasonable suspicion
- Return to Duty and Follow up
Drugs tested for:
- Marijuana (THC)
- Cocaine Metabolites
- Phencyclidine (PCP)
- Amphetamines, meth-amphetamines, methylinedeoxymethamphetamine (MDMA)
- Opiate metabolites (codeine, morphine, and heroin)
Contact us If you are a Motor Carrier with CDL drivers that need drug testing or to be part of a drug testing program. We specialize in small and owner operated companies and our Queens office offers affordable and flexible programs to help you meet compliance.
Randolph Rosarion M.D.
Categories: DOT Drug Testing