· No, an employer may not include non-CDL drivers in the DOT random testing pool. Please see 49 CFR (B) (2) The DOT and FMCSA drug and alcohol testing regulations apply to any person who operates a CMV, as defined in , in intrastate or interstate commerce and is subject to the CDL requirements of 49 CFR Part ,. An employer may perform testing beyond that . · What CDL Drivers Need to Know. DOT drug and alcohol tests include: Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. (§). Post-accident – Drug and alcohol tests may be required after crashes according to the following chart (§). · The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used “recreational marijuana” when states have passed “recreational marijuana” initiatives.
DOT Guidance on Compliance with Drug and Alcohol Testing Regulations. Ma. This guidance document provides clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease (COVID). DOT drug and alcohol tests include: Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. (§). Post-accident – Drug and alcohol tests may be required after crashes according to the following chart (§): Type of Accident Involved. Citation Issued to the CMV. A driver fails a drug or alcohol test by testing positive to a drug test, or registering a or greater alcohol content. Either of these results requires the driver to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.
NOTE: As an owner-operator in the motor carrier industry, FMCSA regulations require you to belong to a C/TPA to ensure your compliance with random testing. Can. Currently the regulations require that 50% of the average annual number of CDL drivers in a pool be tested for drugs and 10% be tested for alcohol. Who's Impacted? Anyone employing CDL drivers to operate commercial motor vehicles (CMVs) on public roads CDL drivers who operate CMVs on public roads.
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