• California Dot Drug Testing Requirements
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The Federal Motor Carrier Safety Administration, FMCSA, part of the U.S. Department of Transportation, requires drug testing for commercial truck operators. FMCSA regulation 49 CFR stipulates the conditions under which motor carriers must or may test drivers, what types of tests may be administered and the consequences of failing a drug screen.

FMCSA's Definition of a Commercial Trucker

The revision of the drug-testing panel harmonizes DOT regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This final rule clarifies certain existing drugtesting program provisions and definitions, makes technical amendments. These changes are being made to harmonize DOT’s drug testing regulations with recent revisions to the U.S. Department of Health and Human Services’ Mandatory Guidelines for Federal Workplace Drug Testing Programs that took effect on October 1, 2017. The changes to DOT’s rules take effect on January 1, 2018. Comprehensive DOT drug testing is a vital part of every transportation company’s DOT drug and alcohol compliance program, and all drivers or employers of drivers with a Commercial Driver’s License (CDL) are required by law to follow specific drug testing procedures set by the U.S. Department of Transportation (DOT) and the Federal Motor Carriers Safety Administration (FMCSA).

According to FMCSA, anyone operating a vehicle requiring a commercial driver's license, or CDL, is subject to the drug testing regulations set forth by the FMCSA. This includes all vehicles with a gross vehicle weight rating more than 26,000 pounds. It also includes any vehicle that is placarded for the transport of hazardous materials as well as any vehicle designed to carry 16 or more passengers. Some state laws also require a CDL for the legal operation of other types of vehicles, such as limousines, taxis and buses designed to carry less than 16 passengers.

Allowable Tests

Motor carriers may legally test drivers for blood alcohol level, but only directly before, after or during the time that a driver performs a safety-sensitive function, such as driving. In certain situations, motor carriers may also test drivers for the presence of drugs. Once a sample is taken for the purpose of urinalysis, the motor carrier must forward the sample to a laboratory certified by the U.S. Department of Health and Human Services. All samples are given a five-point screen that tests for the presence of marijuana, cocaine, amphetamines, opiates, and Phencyclidine, or PCP.

When Carriers May Test

Carriers are legally allowed to test for the presence of alcohol directly prior to a person's employment or when an employer or supervisor has a reasonable suspicion that a driver may be operating under the influence. Motor carriers are required by law to carry out random testing for the presence of alcohol, and to test for alcohol within eight hours after all accidents involving a fatality. Employers may legally test a specific driver for the presence of drugs if their is a reasonable suspicion an employee may be under the influence. FMCSA law stipulates that an employer must perform random drug tests and must test for drugs within 24 hours of all fatal accidents. An employer must also perform a drug test and obtain a negative result before any new hire is allowed to drive or perform any safety-sensitive function.

Consequences of a Positive Screen

If an employee either tests positive for drugs or alcohol or refuses to submit to testing, he must complete the Substance Abuse Professional evaluation, referral, education and treatment process outlined in FMCSA Regulation 49 CFR Part 40 Subpart O before returning to work. As an employer, it is not your responsibility to provide employees with an SAP evaluation, but it is your responsibility to ensure that an employee completes education and treatment before returning to work.

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