This document provides an overview of drug and alcohol testing regulations for commercial drivers. It discusses the types of required testing including pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing. Post-accident testing must be completed within 2 hours for alcohol and 32 hours for drugs if certain accident criteria are met. Follow-up testing plans must include a minimum of 6 tests in the first 12 months. While some states allow medical or recreational marijuana, federal regulations treat marijuana as a schedule 1 drug and positives cannot be verified as negative.

1. Overview of Drug & Alcohol rules and regulations
49CFR Part 40/382
CDL/Driver & Safety Sensitive Employees

2. Overview
This presentation is designed to educate
drivers on FMCSA controlled substance and
alcohol testing regulations in order to help
prevent accidents and injuries resulting from
the misuse of alcohol or the use of controlled
substances by Commercial Motor Vehicle
(CMV) drivers.

3. DOT Required Tests
• Pre-employment
• Random
• Post Accident
• Reasonable Suspicion
• Return to Duty
• Follow-Up

4. Post-Accident Testing
Each surviving CMV driver shall test for
alcohol and controlled substances as soon
as possible after an accident in the U.S.
 Drug Test – within 32 Hours from Incident
 Alcohol Test within 2 hours and not greater than 8
hours after accident

5. Reason to test in post accident
Type of accident involved
Citation issued to the
CMV driver
Test must be performed
by employer
#1 Human fatality
YES
NO
YES
YES
#2 Bodily injury with
immediate medical treatment
away from the scene
YES
NO
YES
NO
#3 Disabling damage to any
motor vehicle requiring tow
away
YES
NO
YES
NO

6. Follow-Up Testing
• Substance Abuse Professional will set
up follow-up testing plan
• A minimum of 6 tests MUST be
conducted in the first 12 months
• Driver may be subject to testing for a
maximum of 60 months

7. Medical Marijuana
• 1972 US Government listed
Marijuana as a Schedule 1
drug
• 28 States & D.C. have
passed laws to allow
medical marijuana
• 5 Stated pending legislation
for medical marijuana
• 8 states have on the books
for the use of “recreational
marijuana”
• DOT/Federal Government –
does not authorize schedule
1 drugs
• MRO – will not verify a drug
test as negative if the
employee claims
“Recreational Use” or if they
have a note from a medical
professional for “medical
marijuana” use.

8. The United Sates and Medical Marijuana Laws
28 States
have
Medical
Marijuana
Legislation
on the books
8 States &
D.C. have
Recreational
Marijuana
Laws
Earlier in 2016, marijuana legalization in America reached
a tipping point: Medical marijuana became legal in half of
the 50 states. Election 2016 brought additional states into
the fold: Now eight states and Washington, D.C., allow
adult-use recreational marijuana; 28 states have approved
medical marijuana programs.
In October 2015, Gallup reported that 58 percent of
Americans favored the legalization of marijuana — tying
2013 for the highest acceptance rate recorded in the 46
years that the international pollster has conducted marijuana
surveys.
That acceptance rate, which was 12 percent in 1969 and a
little more than 30 percent in 2000,
accelerated after Colorado and Washington voted in 2012 to
legalize marijuana for adult use.

9. While there is evidence of a slight decline in
the abuse levels of controlled prescription
drugs, data indicates an increase in the seizure
of counterfeit prescription drugs (many of
which contain the extremely potent substance
fentanyl).
Heroin overdose deaths are high across the
United States, particularly in the Northeast
and Midwest.
Nationally, overdose deaths more than tripled
between 2010 and 2014, with the most recent
available data reporting 10,574 people in the
United States died in 2014 from heroin
overdoses.
2016 National Drug Threat Assessment
Source: DEA & Center for Disease Control

11. Alcohol iQ – What's yours?
1 – 5 oz. Glass Of Wine
1 – 1.5 oz. of 80 Proof Spirit
1 – 12 oz. Glass of Beer
All these drinks are equal in alcohol content

12. However, aggressive behaviors are dangerous, and several are
the leading causes of fatal crashes. Speeding, sudden lane
changes, and failure to yield are the leading causes of on-road
deaths from aggressive driving behaviors, in 2014 (the latest
year for which there is data) collected by the U.S. Department
of Transportation, National Highway Traffic Safety
Administration. Speeding resulted in 18.8% of fatal crashes,
sudden lane changes resulted in 8.5%, and failure to yield
led to 6.9% of fatal crashes.
Other aggressive driving behaviors include, but are not limited
to: tailgating, flashing high beams at other drivers, passing on
the shoulder, and making obscene gestures.
Aggressive driving behaviors can be triggered by acts of road
rage, which is when a driver’s behavior escalates to criminal
acts of violence.
Distracted Driving & Driving Behaviors
Dangerous Behaviors

13. How Drivers Can be Safe and Productive
Distracted Driving & Driving Behaviors
 Finding Balance with work and family
 Arrive to work rested and ready to go
 Plan Heavy Task ahead of time - monitor progress
 Focus on Job and respect other Employees
 Focus on the road and limit conversations while driving
 Be aware at end of shift, alertness and physical check
 Maximize effort to be able to perform at best level
 Take a inventory of your performance and ability to be productive
 Check vision regularly and wear sunglasses when possible to
protect eyes