DOT & FMCSA Drug & Alcohol Testing Compliance

While we are not legal or regulatory experts, we’ve compiled some helpful resources and key information from the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) to support your company in developing a compliant anti-drug use and alcohol misuse program. Please consult the official regulations or your legal counsel to ensure full compliance.

🚨 Important: It is the employer’s responsibility to implement and maintain a program that meets DOT regulations. We are sharing this as a helpful overview and not as legal or regulatory advice.

Required Elements of an Anti-Drug and Alcohol Misuse Program

As outlined in §655.12, your company’s program must include:

• Written Policy outlining prohibited drug use and alcohol misuse and associated consequences
• Education & Training Program per §655.14
• Testing Program compliant with 49 CFR Part 40
• Referral Procedures for employees testing positive or with a 0.04+ alcohol concentration

Who Needs to Be Tested?

According to §382.103, testing applies to:

• All commercial driver's license (CDL) drivers operating commercial motor vehicles (CMVs) on U.S. public roads
• Full-time, part-time, intermittent, backup, and international drivers

Definition of CMV: Click here for the full definition

What Substances Are Tested?

Drug Testing (per §655.21) covers:

• Marijuana
• Cocaine
• Opioids
• Amphetamines
• Phencyclidine (PCP)

Alcohol Testing (per §655.31) includes:

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

A blood alcohol level of 0.04 or higher prohibits the employee from safety-sensitive duties.

When to Test

• Pre-Employment Testing (§655.41)
  Must occur with a verified negative result before performing safety-sensitive functions.
• Reasonable Suspicion (§655.43)
• Post-Accident Testing (§655.44)

Required after:

• Fatalities
• Non-fatal incidents where employee performance may have contributed

Tests must be conducted promptly (within 32 hours for drugs and 8 hours for alcohol).

• Random Testing (§655.45)
• 50% of employees must be tested annually for drugs
• 10% for alcohol (subject to review by the Administrator)

Selection must be scientifically random and unannounced.

• Return-to-Duty & Follow-Up (§655.46, §655.47)

After a positive test or refusal, employees must complete evaluation and follow-up testing per 49 CFR Part 40 Subpart O.

Refusal to Test

Per §655.49, refusal to submit to a required drug or alcohol test is treated as a violation, and employees must complete the return-to-duty process before resuming safety-sensitive work.

If you're an employer working with CDL drivers or safety-sensitive roles and are unsure which type of drug test to send your employee for, please consult your Designated Employer Representative (DER) or a qualified compliance specialist.

Additional Resources

• DOT Drug & Alcohol Testing Regulations
• FMCSA Clearinghouse
• 49 CFR Part 655 Full Text
• 49 CFR Part 40 Full Text