These regulations establish minimum standards for interstate and certain intrastate motor carriers’ anti-drug programs including testing for the use of controlled substances. It compliments existing regulations regarding drivers impaired by the use of drugs to ensure that drivers who use drugs are not qualified to drive. The purpose is to reduce highway accidents that result from driver use of controlled substances, thereby reducing fatalities, injuries, and property damage.
The regulations apply to all CDL drivers operating in interstate or intrastate commerce operating the following types of vehicles:
- That have a Gross Vehicle Weight Rating, or Gross Combination weight rating of 26,001 or more pounds (11,794 or more kilograms) inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds (4,536 kilograms); or
- Has a gross vehicle weight rating of 26,001 or more pounds (11,794 or more kilograms); or
- Is designed to transport 16 or more passengers, including the driver; or
- Is of any size and used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Motor carriers shall require a driver to be tested under the requirements of these regulations under the following circumstances:
Pre-employment/Pre-use Drug Test
- Applicants intending to be hired
- Pre-use testing of non-employee drivers
- Observable actions by trained supervisor(s)
- Documentation by trained supervisor(s)
- Supervisor(s) must file written reports within 24 hours
- 50% of drivers tested annually for controlled substances
- 10% of drivers tested annually for alcohol
- Random selection process
- Any accident resulting in a fatality. Also accidents resulting in serious injury or one or more vehicles are towed from the accident scene and the commercial vehicle driver receives a citation for a moving traffic violation.
- 8-hour limit for alcohol test
- 32-hour limit for specimen collection; must report results to employer
Return to Duty
- Must test negative prior to returning to duty
- Must conduct at least six alcohol and/or controlled substance tests during the first year after returning to work after having tested positive for either alcohol and/or a controlled substance and a controlled substance or alcohol problem is identified by the Substance Abuse Professional.
Establishes Standards for:
- Specimen/breath collection
- Testing procedures
- Laboratory procedures
- Threshold levels for use of alcohol, opioids, marijuana, cocaine, amphetamines and phencyclidine (PCP)
- Specimens/breath samples screening positive will be subjected to a confirmation test
MEDICAL REVIEW OFFICER (MRO):
- Physician (MD/DO) familiar with drugs Insure test validity
- Provide counseling with driver on test results
- Maintain individual test results
RECORDKEEPING AND REPORTING:
- Motor carriers’ keep annual summary for 5 years
- Positive Test = Disqualified until negative test; must be evaluated by a Substance Abuse Professional (SAP)
- Refusal to Test = Disqualified until negative test; must be evaluated by a Substance Abuse Professional (SAP)
- Positive drug test or refusal to submit to test after fatal accident = 1 year disqualification
For more information contact Tim.