One of the greatest potential risks in the transportation industry is drivers who
attempt to operate equipment while under the influence of controlled substances
or alcohol. In an effort to control these risks, the Federal Motor Carrier Safety
Administration (FMCSA) has developed controlled substances and alcohol
regulations.

The FMCSA’s rules for alcohol and controlled substances testing apply to anyone
who operates commercial motor vehicles requiring a commercial driver’s license
(CDL), including foreign motor carriers whose drivers operate in the United States.

Employees should be provided with detailed information about alcohol and
controlled substances misuse, testing, consequences, and how drivers can get
help for substance abuse.

Alcohol Regulations:
Misuse
Truckers are not allowed to drive:

• While consuming alcohol
• Within four hours after consuming alcohol
• While having a breath alcohol concentration of 0.04 percent or greater, as indicated by an alcohol breathe test.

Testing Requirements
A driver may not refuse to submit to an alcohol test. The FMCSA requires alcohol testing:

• After an accident, if the driver’s performance could have contributed to the accident, or there was a fatality. Drivers must not consume alcohol within 8 hours afterward, or until tested (for drivers required to be tested)
• Any time a trained supervisor or company official has reasonable suspicion.
• When a driver who has violated alcohol conduct standards returns to duty, and as unannounced follow up for those drivers. At least six tests must be conducted in the first 12 months after a driver returns to duty. Unannounced testing may be extended for up to 60 months.
• For all drivers, on a random, unannounced basis. Testing should occur before, during, or just after a driver’s performance of safety-sensitive duties. Testing dates and times should be unannounced and reasonably spread through the year. The number of random tests conducted by the employer must equal at least 10 percent of the average number of driver positions.

Who May Conduct Test
Employers are responsible for conducting alcohol screening tests. Tests may be conducted by a company’s own employees, by using contract services or by joining together in a consortium. Any individual conducting the test must be trained to operate the EBT and be proficient and in the breath testing procedures. To ensure accuracy, both the driver and the individual conducting the test must complete the alcohol testing form.

Testing Devices
Screening tests may be conducted with saliva devices, or with breath testing devices approved by the National Highway Traffic Safety Administration (NHTSA). Evidential breath testing (EBT) or non-evidential breath testing devices are allowed. For a list of approved devices, see the NHTSA list in the Federal Register.

Test Results
A screening test with less than 0.02 alcohol concentrations is considered a negative test.

A screening test with 0.02 or greater alcohol concentration is considered a positive test, requiring a second confirmation test. The confirmation test must be conducted using an EBT that prints out the results and includes date and time, a sequential test number, and the name and serial number of the EBT. The results of the confirmation test determine any actions taken.

Test results are confidential. Results may be released only to the employer and the substance abuse professional. Any other release of this information may not be done without the driver’s written consent. However, if a driver initiates a grievance, hearing, lawsuit or other action, the employer may release relevant information to the decision maker.

Consequences of Alcohol Misuse
Drivers who misuse alcohol as defined above must be immediately removed from duty, and may not return until they have been evaluated by a substance abuse professional and have complied with any treatment recommendations.

Drivers who have any alcohol concentration (defined as 0.02 or greater) when tested just before during, or just after driving must also be removed from duty for 24 hours.

Driver whose behavior or appearance even suggests alcohol misuse must receive a reasonable suspicion alcohol test. If a breath test cannot be administered, the driver must be removed from duty for at for at least 24 hours.

Rehabilitation Requirements
Drivers who misuse alcohol must be referred to a substance abuse professional for evaluation. However, FMCSA rules do not require the employer to provide rehabilitation, pay for treatment or reinstate the driver in his/her safety sensitive position.

Any employer, who does decide to return a driver to duty must ensure that the driver has been evaluated by a substance abuse professional, has complied with any recommended treatment, has taken a return-to-duty alcohol test with a result less than 0.02 and is subject to unannounced follow-up alcohol tests.

Summary
Employers must keep detailed records of their alcohol misuse prevention programs. The FMCSA may conduct inspections or audits. Some employers will have to prepare annual calendar-year summary reports for the FMCSA, used to help monitor compliance and enforcement of the rules.

More specific testing procedures are outlined in the Part 40 rule of the FMCSA Regulations, including:

• Training and proficiency requirement for the screening test technicians (STT) and breath alcohol technicians (BAT)
• Quality assurance plans for breath testing devices (including calibration requirements for a suitable test location)
• Protection of driver test records 

Controlled Substance Regulations:
Misuse
The rules prohibit any unauthorized use of controlled substances for drivers on or off duty, including:

• Marijuana (THC metabolite)
• Cocaine
• Amphetamines
• Opiates
• Phencyclidine (PCP)

Urine specimens should be analyzed for these substances. The FMCSA has additional rules that prohibit the use of legally prescribed controlled substances (such as barbiturates, amphetamines, morphine, etc.) by drivers involved in interstate commerce.

Testing Requirements
Controlled substance testing is required under the following conditions:

• Pre-employment
• Reasonable suspicion
• Post-accident
• Return-to-duty
• Follow-up
• Random

All supervisors and officials of businesses with safety-sensitive drivers must attend at least one hour of training on the signs and symptoms of controlled substances abuse.

Performing and Analyzing Tests
Controlled substance testing is conducted by analyzing a driver’s urine specimen, provided by the driver in a private location. A collector must seal and label the specimen, then prepare it for shipment to a controlled substance-testing laboratory along with a chain of custody document.

Each specimen should be subdivided into two bottles, labeled as a primary and a split specimen. Both bottles must be sent to the laboratory, but only the primary specimen will be opened and used for the urinalysis. The split-specimen bottle will remain sealed and stored at the laboratory. If the primary specimen tests positive, the driver has 72 hours to request the split specimen be sent to another DHHS-certified laboratory for analysis.

The analysis must be performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS). The list of DHHS-approved laboratories is published monthly in the Federal Register.

All controlled substance test results must be reviewed by a physician (Medical Review Officer) before being reported to the employer. IF the laboratory reports a positive result, the MRO will contact the driver to determine if there is a medical explanation for the controlled substances found in the driver’s urine specimen. If the MRO determines that is legitimate medical use of the prohibited controlled substances, the test results will be reported as negative to the employer.

Consequences of Controlled Substances Misuse
A driver must be removed from duty if there is a positive controlled substances test result. The removal cannot take place until the MRO has interviewed the driver and determined that the positive controlled substances test resulted from the unauthorized use of a controlled substance.

A driver cannot be returned to duty until he/she has been evaluated by a substance abuse professional, has complied with rehabilitation, and has a negative result on a return-to-duty controlled substances test. Follow-up testing is also required.

Random Testing
Employers must conduct random, unannounced controlled substances tests. The total number must equal at least 50 percent of drivers. Because selection is random, some drivers may be tested more than once each year, while some may not be tested at all. Random testing does not have to occur in immediate time proximity to driving. However, once notified of selection for testing, a driver must proceed immediately to a collection site.

Summary
Statistical records and reports must be maintained by employers and controlled substances testing laboratories. Driver controlled substances testing results and record must be maintained under strict confidentiality by the employer, the controlled substances-testing laboratory, and the MRO, and may not be released to others without the written consent of the driver. Exceptions are limited to decision makers in arbitration, litigation, or administrative proceedings arising from a positive controlled substances test.

For assistance with the procedures of how to conduct an alcohol or controlled substances test, contact:

Office of the Secretary of Transportation
Office of Drug and Alcohol Program Compliance
Room 10317
400 Seventh Street S.W.
Washington D.C. 20590
202-366-3784

For more information: The content of this article has been taken in large part from information published by the Federal Highway Administration and Federal Motor Carrier Safety Administration. For more information on a range of issues affecting motor carrier safety and security, go to the FMCSA Web Site:fmcsa.dot.gov