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  • Writer's pictureHolly Rainwater

FMCSA Controlled Substances and Alcohol Testing - Are You Doing Enough?

Reviewing Your 382 Program

Are you doing enough to enure your FMCSA drug and alcohol program is compliant with 49 CFR Part 382? This questionnaire is designed to help you evaluate your current progam and identify areas where you can improve.

  1. Do you have a written drug and alcohol policy?

  2. Do you have documentation (certificate of enrollment) describing your drug and alcohol testing program and (if applicable) verifying that you are enrolled in a consortium?

  3. Are drug and alcohol policy training materials available to all employees? Is there a signed document acknowledging receipt of drug and alcohol policy in each employee’s file? 49 CFR 382.601

  4. Are all supervisors that are designated to supervise CDL drivers properly trained? The training, at minimum, must include at least 60 minutes of alcohol misuse training and 60 minutes of controlled substance use training, which enables supervisors to recognize signs of drug and alcohol use that support 382.307 reasonable suspicion testing. Is that training documented with a training certificate? 49 CFR 382.603

  5. Do you have proof of a pre-employment drug and alcohol test for all CDL-holders? Do you ask all new employees if they have tested positive or refused any drug or alcohol test in the past two years, and do you have documentation to support this? 49 CFR 382.301

  6. Are you registered as an employer in the FMCSA CDL Drug and Alcohol Clearinghouse? 49 CFR 382.711

  7. Have you purchased a query plan and conducted all necessary annual and preemployment queries in the Drug and Alcohol Clearinghouse to verify that drivers you employ are not prohibited from performing safety-sensitive functions? This includes querying yourself if you are self-employed. 49 CFR 382.701

  8. Have you obtained general consent from all employees who perform safety sensitive functions, allowing you to conduct limited queries in the Clearinghouse to determine whether information in their Clearinghouse record prohibits them from performing such functions? Is this general cons

  9. For time periods prior to January 6, 2020, do you have documentation showing that you have checked with employees' previous employers to determine if employees have tested positive to a drug or alcohol test in the previous three years? 49 CFR 391.23(e)

  10. Can you provide results from random drug tests conducted over the last 12 months? 49 CFR 382

  11. Do you have a record of all employee drug and alcohol tests for the last 12 months and the status of any employees that tested positive? 49 CFR 382 Have you reported to the Drug and Alcohol Clearinghouse any alcohol tests with a concentration of 0.04 or higher; refusals to take an alcohol test; refusals to take a drug test not reported by a medical review officer (MRO); or actual knowledge of a drug or alcohol violation? 49 CFR 382.705(b)

  12. Have you reported to the Drug and Alcohol Clearinghouse any negative return-to-duty test results, or successful completion of the follow-up testing plan as prescribed by a DOT-qualified substance abuse professional (SAP)? 49 CFR 382.705(b)

  13. Have you designated a consortium/third-party administrator (C/TPA) in the Drug and Alcohol Clearinghouse? This is required if you are a self-employed driver who drives a CMV for a company you operate under your own authority (often referred to as an owner-operator). 49 CFR 382.705(c)

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