Employeesdrivers will receive the required training on the administration of the program and the health effects of use. Search fmcsa regulations and interpretations 49 cfr parts 300399. Title 49 subtitle b chapter i subchapter c part 172. If the potential employee admits to having a positive test or refused to test, that individual must not perform safetysensitive functions until the successful completion of the returntoduty process. For example, you may work in the rail industry and later work in the motor carrier industry, but the procedures for collecting, testing and reporting of your tests will be the same under part 40. Fmcsa notification of driver rights in compliance with 49 cfr part 40 391. Electronic code of federal regulations ecfr data is current.
Cdl drivers must submit a copy of their medical examiners certificate to their state. Drug and alcohol testing brochure for drivers fmcsa. All drivers of articulated motor vehicles with a gcwr of 10,001 pounds or more are required to possess a current medical certificate as required in 391. Regulations issued by fmcsa are published in the federal register and compiled in the u. May 01, 2020 all titles title 49 chapter iii part 382 subpart c tests required.
To be completed by the new regulated employer, signed by the employee, and transmitted to the previous. The department of transportation is amending its drugtesting program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drugtesting panel. On and after october 1, 2010 still a 5panel pdf dot drug testing. Government printing office, or examined at many libraries. Subpart a how to apply for operating authority 365. Procedures for transportation workplace drug and alcohol testing. Part 391 federal motor carrier safety administration. These updated polices replace the original example polices that were first published with the best practices manual in march 2002, and are intended for employers who wish to develop their own internal drug and alcohol policies or oversee the work performed by consultants. Electronic code of federal regulations ecfr data is. This regulation outlines what is required for transportation regulated employers for r drug and alcohol testing. In addition, if you have driven a commercial vehicle previously, you must provide employment history for an additional seven 7 years for a total of ten 10 years. Part 382 requires or authorizes drug and alcohol testing only of those drivers required by part 383 to obtain a cdl. Do all drivers hold valid cdl licenses as needed with the proper endorsements based on the vehicle size and commodity transported. For example, some of fmcsa s regulations crossreference other agencies rules, such as those related to drug and alcohol testing 49 cfr part 40 and hazardous materials 49 cfr parts 105199.
Regulatory guidance concerning offduty time last updated. The department of transportations dot rule, 49 cfr part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally regulated transportation industry. Drivers meeting the definition of farm vehicle driver who operate straight trucks are exempted from all driver qualification requirements of part 391. Dot office of drug and alcohol policy and compliance notice pdf information. Procedures for transportation workplace drug and alcohol.
Secretary of transportation, under the provisions and standards of 49 cfr part 5. The term uses is designed to encompass instances of prohibited drug use determined by a physician through established medical means. Subtitle bother regulations relating to transportation. Release of information form 49 cfr part 40 drug and alcohol testing regulatory topic. Do you have an employment application for every driver. For more information on how drivers, employers, and service agents are required to use the clearinghouse, visit the learning center. Employees covered under dot regulation 49 cfr part 40. These guidelines, together with the 49 cfr part 40, and the dot operating administration rules, with provide collectors with the information needed in the performance of their collection duties. Urine specimen collection guidelines us department of. In addition, if a motor carrier is operating in a foreign country, it must follow any rules that apply in that country. Release of information form 49 cfr part 40 drug and alcohol testing history and drivers accident history 49 cfr part 391 as applicable to fmcsaregulated employersemployees drivers drug and alcohol testing history section i. Do you have a current and complete driver qualification file for every driver. Us dot federal motor carrier safety administration fmcsa part 382.
Since the vehicles described above do not meet the definition of a commercial motor vehicle cmvs in part 383, their drivers are not required by federal regulations to have a cdl. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part. Upon arrival at the alcohol testing site, the driver must provide positive identification to the stt or bat. Equipment and supplies used in dot urine collections 40. Release of information form 49 cfr part 40 drug and. The cdlis mvr must be obtained from the current licensing state and placed in the driver qualification file. Employer dot policies the part 40 changes pdf guidance for using the 2010 federal custody and control form ccf pdf. Appendix h to part 40 dot drug and alcohol testing management. County philosophy the county believes that it has an obligation and right to have alert, drugalcohol free employees on the job, and must provide a safe work environment.
Will fmcsa and faaregulated employers complying with the drug and alcohol information records check requirements contained in the federal motor carrier safety administration fmcsa regulation 49 cfr part 391 and the federal aviation administration faa pilot record improvement act be considered compliant with 40. Records shall be submitted to the fmcsa upon request. Is used in transporting material found by the secretary of transportation to be hazardous under 49 u. Drug and alcohol policy us dot 49 cfr part 40 and us dot. The drug and alcohol clearinghouse is now fully operational, and mandatory use is now in effect. The federal motor carrier safety regulations 49 cfr 391. Part 382 federal motor carrier safety administration. Policy and the requirements of 49 cfr part 40 and 49 cfr part 382, respectively. This policy and program is designed to meet the dot fmcsa requirements and to establish the omaha track drugfree workplace. Employees covered under dot testing regulation 49 cfr part 40. The federal motor carrier safety administration or the drivers employer should be contacted directly for information on controlled substances and alcohol testing under part 382 of the fmcsrs. Employees covered under dot testing regulation 49 cfr part 40 federal motor carrier safety administration fmcsa 49 cfr part 382 covered employee. For cdl holders, the motor carrier employer must obtain the cdlis mvr defined at 49 cfr 384. Public law 97424, public law 10017, public law 102240, public law 105178, public law 10959.
Nothing in this publication is intended to supplement, alter or serve as an official interpretation of 49 cfr part 40 or dot agency regulations. Copies of appropriate volumes of the cfr in book format may be purchased from the superintendent of documents, u. Safety administration fmcsa regulations, 49 cfr part 40 and 49 cfr part 382, respectively. Employers are required to thoroughly document their program, decisionmaking and compliance with respective dot regulations. Fmcsa regulation 49 cfr part 382 national drug screening. Commercial trucks and bus drivers are subject to dot drug and alcohol testing under this regulation as well as 49 cfr part 40. The department of transportations dot rule, 49 cfr part 40, describes required procedures for conducting. Driver means any person who operates a commercial motor vehicle. The following table summarizes the recordkeeping requirements. Recordkeeping requirements of the federal motor carrier. The identification can be in the form of a company photo identification card, a commercial drivers license cdl, or identification by an employer representative. Us dot 49 cfr part 40 and us dot federal motor carrier safety administration fmcsa part 382 adopted by the kootenai county board of county commissioners on november 29, 2016 i.