Drug and Alcohol Testing

Employers subject to the FMCSA must perform random drug tests on 50% of the average number of driver positions subject to the regulations. These same employers must also perform random alcohol tests on at least 10% of the average number of driver positions subject to the regulations. Different regulatory schemes have different testing requirements. The U.S. Department of Transportation has issued an updated list of the requirements under various regulatory schemes (http://www.dot.gov/ost/dapc/rates.html?prog).

These tests cannot be announced beforehand. They must be conducted just before, during or immediately after a driver performs safety-sensitive duties. The driver must be randomly selected for testing. For more specific information about the requirements for such tests, a good place to start is the Federal Motor Carrier Safety Administration’s website (http://www.fmcsa.dot.gov/rules-regulations/topics/drug/engtesting.htm).