49 CFR part 382 and part 40, stipulates what employers must do to be in compliance with the Department of Transportation's Substance Abuse Testing program. Employers are required to have all the components in working order when the inspector pays them a visit. Missing even one part can mean a "fail" on the inspection, and even fines.
Required components of a D.O.T. Drug testing program are:
- Each employer is required to have a published Substance Abuse Testing Policy.
- Employers must test drivers for drugs in the following six categories; preemployment, random, reasonable suspicion, post accident, return-to-duty and follow-up.
- Employers must test drivers for alcohol in the following five categories; random, reasonable suspicion, post accident, return-to-duty and follow-up.
- Employers must provide to their drivers, information about the DOT testing requirements. The DOT is specific about the information that must be provided (§382.601).
- Employers must provide one hour of training for each of their supervisors in the signs of substance abuse and one hour of training for each of their supervisors in signs of alcohol abuse.
- Employers are required to provide a list of Substance Abuse Professionals to any driver that tests positive for drugs or alcohol.
- Employers are responsible for having in their files, results of drug tests as well as quarterly and annual reports of drug testing statistics.
Employers regulated by the Department of Transportation should be familiar with the requirements listed. Information can be found here: What Employers Need To Know About DOT Drug and Alcohol Testing
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