GSTA - Drug Testing Guidelines

What Are The New Drug and Alcohol Testing Rules?

As a result of a catastrophic subway accident in New York involving alcohol misuse, Congress reacted with the passage of the Omnibus Transportation Employee Testing Act of 1991.  This act expanded the extent of drug testing in two significant ways.  First, it expands the scope of the current drug testing regulations and second, mandates testing for alcohol.  The U.S. Department of Transportation (DOT) published final rules mandating anti-drug and alcohol misuse programs on February 15, 1994.

Company Policy

Covered employers are required to distribute a written policy on the misuse of alcohol and drugs prior to conducting any testing required under the final regulations.  Employers must ensure each driver signs a statement certifying receipt of the policy, and the signed statement must be retained on file.

Employee Education

Every affected employee must receive information about alcohol misuse and controlled substance use as well as information about the company policy, procedures, the consequences of testing positive and who to contact (within the company) to seek  information and/or assistance.  There is no requirement for a formal classroom type course.  Employers must document the contents of their education program and document distribution to employees.

Supervisor Training

Employers shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use.  Supervisors who will be responsible for making determinations of whether reasonable suspicion exists to require a driver to undergo testing must be trained in understanding policy, procedures, regulations, and recognizing the signs and symptoms of drug and alcohol abuse.  The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.  Training must be documented.

Who Must Be Tested

The prior FHWA drug rules called for testing of interstate drivers only.  The rules have been extended to all persons required to have a  Commercial Driver’s License (CDL).  Covered drivers may be full time, regularly employed drivers, casual, intermittent or occasional drivers (including mechanics who test drive vehicles), owner-operators, leased drivers, or independent contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer.

Definition of Commercial Motor Vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—

(a) Has a gross combination weight rating of 26,001 pounds or more inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

(b) Has a gross vehicle weight rating of 26,001 pounds or more; or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).

Substances To Test For

DOT agency drug testing programs require that employers test for marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), and alcohol.

When Testing Must Be Done

Pre-employment, random (50% annual rate for drugs and 10% annual rate for alcohol), reasonable suspicion, return-to-duty, follow-up testing, and post-accident testing.  

Random: Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately, and that if a driver is performing a safety-sensitive function, the employer shall ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.

Post-accident: As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol and controlled substances each surviving driver:

(1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or

(2) Who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involve:

i. bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

ii. one or more of the motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Methods of Testing

For drugs - split specimen urinalysis.

For alcohol - Evidential Breath Testing (EBT) device which must be operated by a trained Breath Alcohol Technician (BAT). 

Consequences For Drivers Who Test Positive

Drivers who test positive cannot be returned to a safety-sensitive position until they have been evaluated by a Substance Abuse Professional (SAP).  The driver must complete the SAP’s recommendations prior to taking a return-to-duty test.  Follow-up testing is required.

Payment for any necessary treatment or rehabilitation would be provided in accordance with the company’s policy or labor/management agreement.

Record Keeping Requirements