Dot Drug And Alcohol Policy
The act required DOT agencies to implement drug and alcohol testing of safety-sensitive employees to maintain the safety of the traveling public and workers. The DOT's drug screening rules and procedures are listed within Title 49 of the Code of Federal Regulations (CFR) Part 40, commonly known as.
What Employers Need to Know The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT Agencies to implement drug and alcohol testing of safety-sensitive transportation employees., or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.
For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, when and in what situations for a particular transportation industry. The DOT, along with FMCSA, adopted regulations requiring commercial motor vehicle (CMV) operators required to maintain a commercial driver's license (CDL) to be tested for alcohol and drugs. While you can hire various service agents to collect specimens, conduct laboratory analyses, medically review lab results and determine test outcomes; you cannot delegate your responsibility to comply with all applicable requirements and procedures of and. This means that you are responsible for all actions of your employees, representatives, and agents (including service agents) in carrying out the requirements of the DOT agency regulations. Employers can be held responsible for service agent errors and resulting civil penalty actions for noncompliance. Service agent violations may be directly addressed under the public interest exclusion (PIE) as described in.
Additionally under the Safe Roads Act of 2012, Congress provided authority for civil penalty actions against service agents (49 USC 31306a) []. This web site is intended to provide you with the basic information necessary to implement a DOT drug and alcohol testing program.
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What CDL Drivers Need to Know The United States Congress recognized the need for a drug and alcohol free transportation industry, and in 1991 passed the Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. 49 CFR Part 40, or Part 40 as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of mode of transportation.
For example, whether you are an airline employee covered by FAA rules or a trucking company driver covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT Agency-specific regulation spells out who is subject to testing, whenand in what situations for a particular transportation industry. Since the early 1990s, the Federal Motor Carrier Safety Administration (FMCSA) and its predecessor agency 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 impose privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol testing information. The FMCSA controlled substances and alcohol use and testing regulations can be found at 49 CFR Part 382.
Are you a driver with questions on drug and alcohol testing rules and regulations? Resources on this Web site can help you find answers to these common questions: • Who is tested? • Which substances are tested?
• When does testing occur? • What are the testing procedures? • What if I fail or refuse a test? • What resources are available to drivers?