A comprehensive set of federal regulations requires persons holding a Commercial Driver License (CDL) and who operate a commercial motor vehicle (as defined in the Federal Motor Carrier Safety Regulations, Part 383) to be tested for controlled substances and alcohol. These rules preempt any state testing requirements and apply to both interstate and intrastate drivers. They include but are not limited to:

• For-hire and private carriers
• Federal, state and local governments
• Beekeepers; civic organizations
• Churches
• Camps
• Indian tribes
• Farmers
• Custom harvesters
• School buses

Companies that employ these persons must establish a drug and alcohol testing program (as prescribed in Part 382) and conduct:

• Pre-employment
• Random
• Reasonable cause
• Post-accident
• Return-to-duty
• Follow-up drug and alcohol testing

A person who fails a required test or refuses to test is considered medically unqualified to operate a commercial motor vehicle.

Essential to an employer's drug and alcohol testing program are the requirements for:

• A written policy concerning drug and alcohol testing
• Driver and supervisor education
• A scientifically conducted random selection process

Additionally, an employer will need to contract with:

• Qualified drug and alcohol collection facilities
• Certified laboratories
• Medical review officers
• Substance abuse professionals

Maintaining accurate records is critical to ensuring compliance with these rules.

Companies can establish and conduct the drug and alcohol testing program in-house or may contract with a third party (consortium) to facilitate a drug and alcohol testing program. Most companies subject to these rules use the services of a third party.

Owner-operators or companies with only one driver must contract with a third-party administrator.

The complete text of the drug and alcohol testing regulations and the procedure can be found in the Federal Motor Carrier Safety Regulations, Parts 382 and 40 respectively.

Establishing a Drug and Alcohol Testing Program

Are your drivers required to be drug tested under federal law? What do you do if a driver fails a random test? If you don't know, we can help. the Center has trained professionals who can answer your drug and alcohol testing questions.

Just call us at (800) 682-4682 or
(800) 469-7364 in the Upper Peninsula