What is a DOT Drug and Alcohol Policy?
Many DOT regulated employers often ask, “what are the requirements for a DOT drug and alcohol policy?” We would like to take this opportunity to provide a brief summary of the minimum requirements as discussed in CFR 49 part 382.601.
At a very minimum, a DOT Drug and Alcohol Policy must include the following minimum requirements.
- Each employer should provide educational materials that discuss the requirements of this part and also cover the employer’s written policies and procedures with respect to meeting these requirements.
- Employers must ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing and to include each driver that is hired or transferred into a “safety sensitive” position requiring driving a commercial motor vehicle.
Required content. The following materials should be readily available to drivers and should include a detailed discussion of at least the following topics:
A). Name and contact information of the Designated Employer Representative (DER) to answer drivers questions about the materials;
B). All driver categories who are subject to the testing requirements;
C). Detailed information regarding the safety-sensitive functions that are performed by those drivers and specific information to what period of the work day the driver is required to be in compliance with this part;
D). Specific information concerning prohibited driver conduct;
E). The reasons for which a driver will be tested for alcohol and/or controlled substances under this part, including post-accident testing under §382.303(d);
F). Specific procedures used to test for the presence of alcohol (BAT) and controlled substances (Urine), steps utilized to protect the driver, the integrity of the testing processes, safeguard the validity of the test results, and ensuring that those results are attributed to the correct driver, including post-accident information, procedures and instructions required by §382.303(d);
G). Requirements for a driver to submit to alcohol and/or controlled substances tests administered in accordance with this part;
H). An explanation of what is considered a refusal to submit to an alcohol or controlled substances test and the consequences;
I). The consequences for drivers found to have violated DOT drug and alcohol procedures outlined in Part 40 and including the requirement that the driver be immediately removed from safety-sensitive functions, and the procedures under part 40, subpart O;
J). The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;
K). Information regarding the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; should also include signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
L). The requirement that the following personal information collected and maintained under this part shall be reported to the Clearinghouse:
(i) A verified positive, adulterated, or substituted drug test result;
(ii) An alcohol confirmation test with a concentration of 0.04 or higher;
(iii) What is a refusal to test and consequences for such refusal;
(iv) An employer’s report of actual knowledge, as defined at §382.107:
(A) On duty alcohol use pursuant to §382.205;
(B) Pre-duty alcohol use pursuant to §382.207;
(C) Alcohol use following an accident pursuant to §382.209; and
(D) Controlled substance use pursuant to §382.213;
(v) A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful completion of the return-to-duty process;
(vi) A negative return-to-duty test; and
(vii) An employer’s report of completion of follow-up testing.
(c) Optional provision. The materials supplied to drivers may also include information on additional employer policies with respect to the use of alcohol or controlled substances, including any consequences for a driver found to have a specified alcohol or controlled substances level, that are based on the employer’s authority independent of this part. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.
(d) Certificate of receipt. Each employer shall ensure that each driver is required to sign a statement certifying that he or she has received a copy of these materials described in this section. Each employer shall maintain the signed certificate and may provide a copy of the certificate to the driver.