There are several types of required tests as noted below. Employers can find information on drug and alcohol testing rules and related resources at FMCSA’s Drug and Alcohol Testing page.
Pre-Employment Testing (Controlled Substances Only)
Results of the negative pre-employment drug test for controlled substances must be received by the carrier prior to allowing the driver to operate a CMV. See 49 CFR 382.301(a).
Post-Accident Testing
After an applicable accident occurs involving a CMV (operating on a public road in commerce), each employer must test for alcohol and drugs for each of the surviving drivers. See 49 CFR 382.303(a) for alcohol tests and 49 CFR 382.303(b) for controlled substance tests. Carriers must have a valid reason if tests were not conducted within the required time limits. In addition, carriers must document any information related to why the test(s) were not conducted.
The following flow chart and table are quick references for determining when post-accident tests are required.
Determine Type of Accident
- Fatality Accident
- Post-Accident Testing always required in the event of a fatality.
- Bodily Injury Accident with immediate medical treatment away from the scene
- Citation Issued: to a CMV driver within 8 hours (alcohol) or 32 hours (drugs), for a moving violation arising from a crash?
- Post-Accident Testing Required
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- Tow-Away Accident to any motor vehicle requiring tow-away
- Citation Issued to a CMV driver within 8 hours (alcohol) or 32 hours (drugs), for a moving violation arising from a crash?No Test Required
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Occurrence
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Post-Accident Testing Requirements
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Fatality Accident
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Always test for drugs and alcohol.
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Bodily Injury Accident
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If a driver is issued a citation within 8 hours of the occurrence, an alcohol test is required.
If a driver is issued a citation within 32 hours of the occurrence, a drug test is required.
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Tow-Away Accident
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If a driver is issued a citation within 8 hours of the occurrence, an alcohol test is required.
If a driver is issued a citation within 32 hours of the occurrence, a drug test is required.
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Random Testing (382.305)
- In general, employers need to randomly test drivers at a minimum annual percentage rate of per calendar year (January 1-December 31):
- 10 percent of the number of drivers for alcohol testing; and
- 25 percent of the number of drivers for drug testing.
- The random alcohol tests must be performed immediately prior, during, or immediately after a driver has performed a safety-sensitive function.
- All drivers must have an equal chance of being tested.
- See 49 CFR 382.305 for additional information.
Note: For current testing random rates check DOT random testing rates.
Reasonable Suspicion Testing
- An employer may require a driver to submit to an alcohol and/or drug test when reasonable suspicion exists that the driver has violated the prohibitions concerning alcohol and/or drugs. See 49 CFR 382.307.
- A trained employer official determines whether reasonable suspicion exists based on specific, contemporaneous, and articulable observations of the appearance, behavior, and speech or body odors of the driver. See 49 CFR 382.603 for supervisor training requirements. The Federal Transit Administration provides a reasonable suspicion training video. In addition to the video a booklet with questions and answers must be completed by the trainee in order to satisfy all the requirements of the training.
- Reasonable suspicion testing and training does not apply to an owner–operator who does not supervise any drivers.