DOT SERVICES

• Employers are mandated to check the Clearinghouse annually for each driver they employ.
• Employers must verify current and prospective drivers for drug and alcohol violations before permitting them to operate on public roads.
• Employers are required to report any refusals to undergo testing to the Clearinghouse.
• Employers must submit the results of breath alcohol tests to the Clearinghouse.

The Clearinghouse regulations will mandate that employers both query and report information regarding CDL drivers. Once the Clearinghouse is operational, employers must report specified violations of the DOT drug and alcohol testing program by their current and prospective CDL drivers. Additionally, all employers of CDL drivers will need to perform pre-employment electronic queries to check if potential hires have unresolved drug or alcohol violations that would prevent them from performing safety-sensitive duties. Employers will also be required to conduct annual queries of the Clearinghouse to determine if current employees have incurred any drug or alcohol violations while working for another employer.

Medical Review Officers (MROs) will be obligated to report refusals and positive test results, including any modifications that change a result from negative to positive or vice versa. Within two business days of determining or verifying a DOT-approved drug test, an MRO must submit the following driver information to the Clearinghouse:

• Verified positive drug test results
• Refusal-to-test determinations due to an employee’s inability to provide a sufficient specimen for testing, or instances of specimen adulteration or substitution

Substance Abuse Professionals (SAPs) will be required to report the following information to the Clearinghouse:

• SAP’s contact details
• Driver’s name, date of birth, CDL number, and state of issuance
• Date of the initial substance abuse assessment
• Date when the SAP determined that the driver successfully complied with the return-to-duty requirements and was eligible for return-to-duty testing

Employers must include information about the FMCSA Clearinghouse in their DOT FMCSA written drug and alcohol policies. Significant updates will be necessary for these policies to reflect Clearinghouse requirements. CONTACT US for a suggested procedure document on incorporating Clearinghouse information into your DOT FMCSA policy.

For expert assistance with DOT FMCSA written drug and alcohol testing policies, including integrating Clearinghouse provisions, contact Workplace Safety Screenings.

• Responsibilities of flight crewmembers
• Responsibilities of flight attendants
• Responsibilities of aircraft dispatchers
• Duties of flight crewmembers
• Aircraft maintenance and preventive maintenance tasks
• Duties of ground security coordinators
• Aviation screening responsibilities
• Responsibilities of air traffic controllers
• Holders of Part 119 Certificates
• Operators of air tours
• Air traffic control facilities not under FAA operation
• Holders of Part 145 Certificates
• Establishments with FAA Repair Station authorization

• Implement pre-employment drug testing protocols, ensuring no individual is hired or transferred into a safety-sensitive role without undergoing a drug test and receiving a verified negative result.
• Obtain written consent from employees and conduct drug and alcohol records checks as per 49 CFR part 40, § 40.25(b), reaching out to DOT-regulated employers who have employed the individual within the past two years (or five years for pilots).
• Inquire with employees or applicants for safety-sensitive positions about prior positive drug tests or refusals to undergo pre-employment drug or alcohol testing.
• Provide comprehensive education and training to employees regarding the effects and repercussions of drug abuse and alcohol misuse. This training should extend to supervisors responsible for determining the need for reasonable cause/suspicion testing.
• Ensure equitable inclusion of employees in random drug and alcohol testing pools, with each individual having an equal chance of selection. Conduct annual random testing at a minimum rate of 25% for drugs and 10% for alcohol.
• Familiarize yourself with the drug and alcohol testing requirements outlined in part 120 and part 40. Access regulations and supplementary guidance materials at www.faa.gov/go/drugabatement and www.dot.gov/odapc.
• When establishing your testing program, ensure the inclusion of all individuals performing safety-sensitive functions, including those involved in aircraft maintenance or preventive maintenance.

• Guidelines for initiating the FAA drug and alcohol program
• Summary of regulations and registration details under FAA regulation – 14 CFR part 120
• Written policy for DOT/FAA drug and alcohol testing
• Educational materials for employees provided by DOT
• Training materials for supervisors provided by DOT
• Accredited collection sites meeting qualification standards
• Mandatory drug and alcohol testing procedures
• SAMHSA-certified laboratory for testing purposes
• Medical Review Officer (MRO) services
• Complete set of necessary forms and documentation
• Regulations outlined in 49 CFR part 40 regarding DOT drug and alcohol testing

The FTA regulation governing drug and alcohol testing is outlined in 49 CFR Part 655. Here are the key points summarized:

Covered Employees:
Individuals engaged in revenue vehicle operations, revenue vehicle and equipment maintenance, revenue vehicle control or dispatch (optional), non-revenue vehicle operation requiring a Commercial Driver’s License, or armed security duties fall under the category of covered employees. They must participate in the drug and alcohol testing program, including random testing. Failure to comply with these regulations may result in removal from the covered position.

Types of Drug Tests:
Required drug tests include pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up.

Types of Alcohol Tests:
While pre-employment alcohol testing is optional, required alcohol tests include random, reasonable suspicion, post-accident, return-to-duty, and follow-up.

Definition of Accident Requiring Testing:
Any accident resulting in a fatality mandates testing. Testing following a non-fatal accident is discretionary, except when the employer can demonstrate that the employee’s performance could not have contributed to the accident. Non-fatal accidents that may require testing must involve disabling damage to any vehicle or immediate medical attention away from the scene.

Reasonable Suspicion Determination:
A reasonable suspicion drug test can be initiated based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee, as determined by one trained supervisor or company official.

Pre-Duty Alcohol Use Prohibitions:
Employees are prohibited from consuming alcoholic beverages for four (4) hours before performing their duties.

Actions for BACs 0.02 – 0.039:
If an employee’s blood alcohol concentration (BAC) falls between 0.02 and 0.039, a re-test must confirm a BAC below 0.02 before the employee can return to covered service within 8 hours, at the discretion of the employer. necessary.

Supervisors are required to undergo two hours of training: one focused on alcohol and the other on drugs. This training is designed to aid supervisors in making reasonable suspicion determinations regarding impairment while employees are on duty. Observations must be timely and detailed, focusing on physical, behavioral, and performance indicators suggestive of potential alcohol use.