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Understanding DOT Alcohol Related Requirements
Friday 08 November, 2013.
Any time you plan on consuming any amount of alcohol and getting behind the wheel of an automobile, you have a responsibility both to yourself and to society to make sure you have done so responsibly. Apart from abstaining completely, the only way to be sure that you are safe to drive is to carry a reliable personal breathalyzer. Safety-Devices is proud to offer products that can potentially have a life saving impact on the world. Whether you're looking for a high-end professional breathalyzer such as our Alcomate Premium or a more portable breathalyzer, let Safety-Devices be your one stop shop for all things safety.
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Applicability:Drivers required to have a commercial drivers license (CDL) are subject to the controlled substance and alcohol testing rules. This requirement extends to those drivers currently covered by the rule, including interstate and intrastate truck and motor coach operations. This includes commercial motor vehicles operated by:
Types of alcohol and controlled substance tests
Pre-employment:No employer shall allow a driver to perform a safety sensitive function until they have received the negative controlled substance test result.
Post-Accident:As soon as practicable following an accident involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol and controlled substances each surviving driver: Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or Who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved: Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
Random:Companies are to randomly test drivers at a minimum annual percentage rate of 10% of the number of drivers for alcohol testing, and 50% for controlled substances testing. The random alcohol test must be performed immediately prior, during or immediately after a driver is about to, or has performed a safety sensitive function as defined in Section 382.107. All drivers must have an equal chance of being selected.
An employer shall require a driver to submit to an alcohol and/or controlled substance test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions concerning alcohol and/or controlled substances. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol and/or controlled substances test must be based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech or body odors of the driver. The required observations shall be made by a supervisor or company official who is trained in accordance with 382.603.
Each employer shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by sub-part B of this part concerning alcohol or controlled substances, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or the driver shall undergo a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use.
Follow-up:The Substance Abuse Professional will establish a follow-up testing plan. The employer must ensure that the follow-up testing plan is carried out. A minimum of six tests must be conducted in the first 12 months, and the driver may be subject to this test for a maximum of 60 months.
Retention of recordsFive Years.
Alcohol test results indicating a Breath Alcohol Concentration (BAC) of 0.02 or greater
Retention of records
Records related to the collection process One Year:
Retention of recordsIndefinite Period:
Education and training records
Location of Records: All required records shall be maintained in a secure location with limited access, and shall be made available for inspection by an authorized representative of the Federal Motor Carrier Safety Administration.
Supervisor training/Driver awareness
Every motor carrier shall provide educational materials explaining the requirements of the regulations as well as the employer's policies regarding alcohol misuse and controlled substances abuse. At a minimum, detailed discussions should include:
The identity of the person designated to answer drug and alcohol questions
Inquiries to previous employers A motor carrier, with the driver's written authorization, shall inquire about the following information on a driver from the driver's previous employers for a period of two years preceding the driver's date of application:
Alcohol tests with a result of 0.04 alcohol concentration or greater;
Applicant's previous pre-employment tests
Alcohol Testing Form
Paperwork Reduction Act Notice
DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form