Employers of persons who operate a commercial motor vehicle that requires a commercial driver’s license (“CDL”) should know that they are subject to the United States Department of Transportation (“DOT”), Federal Federal Motor Carrier Safety Administration (“FMCSA”) regulations.  The regulations, commonly known as “Part 40,” require commercial motor vehicle operators to be tested for drugs and alcohol under certain, specified circumstances. 

What employers may not know is the wealth of information that the DOT, Office of Drug and Alcohol Policy and Compliance, provides on its website. Even employers that are well versed in drug and alcohol testing requirements and procedures are advised to review the numerous guidance documents and sample forms that are provided.

The following are links to information and documents that employer might find particularly helpful in administering their drug and alcohol testing program:

The Federal Regulations (49 CFR Part 382)

FMSCA Implementation Guidelines

Part 40 Q and A

DOT “Best Practices” for Random Drug and Alcohol Testing

DOT “Release of Information” Form

Employer Record Keeping Requirements

Of course, the DOT regulations, and many guidance documents, require legal interpretation and employers should consult an attorney if issues arise.