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  1. § 382.305Random testing.Part 382

    …provided in paragraphs (c) through (e) of this section, the minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. (2) Except as provided in paragraphs (f) through (h) of this section, the minim…

  2. § 40.347What functions may C/TPAs perform with respect to administering testing?Part 40

    …specified in this part, you may perform the following functions for employers concerning random selection and other selections for testing. (a) You may operate random testing programs for employers and may assist ( i.e., through contracting with laboratories o…

  3. § 382.107Definitions.Part 382

    …the DOT drug and alcohol testing programs of its members ( e.g., having a combined random testing pool). C/TPAs are not “employers” for purposes of this part, except as provided in § 382.705(c). Controlled substances mean those substances identified in § 40.82…

  4. Appendix B to Part 385Appendix B to Part 385—Explanation of Safety Rating ProcessPart 385

    …driver for controlled substances (critical). § 382.305(a) Failing to implement a random controlled substances and/or an alcohol testing program (acute). § 382.305(b)(1) Failing to conduct random alcohol testing at an annual rate of not less than the applicable…

  5. § 40.273What is the effect of a cancelled alcohol test?Part 40

    …cancelled test does not count toward compliance with DOT requirements, such as a minimum random testing rate. (c) When a test must be cancelled, if you are the BAT, STT, or other person who determines that the cancellation is necessary, you must inform the aff…

  6. § 40.207What is the effect of a cancelled drug test?Part 40

    …e.g., being applied toward the number of tests needed to meet the employer's minimum random testing rate). (c) A cancelled DOT test does not provide a valid basis for an employer to conduct a non-DOT test ( i.e., a test under company authority). (d) If a test…

  7. Appendix D to Part 40Appendix D to Part 40—DOT Drug Testing Semi-Annual Laboratory Report to EmployersPart 40

    …Number) By Test Reason (a) Pre-employment (number) (b) Post-Accident (number) (c) Random (number) (d) Reasonable Suspicion/Cause (number) (e) Return-to-Duty (number) (f) Follow-up (number) (g) Type of Test Not Noted on CCF (number) 2. Urine Specimens Reported…

  8. § 382.301Pre-employment testing.Part 382

    …months (from the date of application with the employer), or (ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and (3) The employer ensures that no prior employer o…

  9. § 383.75Third-party testing.Part 383

    …focus on examiners with irregular results such as unusually high or low pass/fail rates; (3) The State must issue the third-party tester a CDL skills testing certificate upon the execution of a third-party skills testing agreement; (4) The State must issue eac…

  10. Appendix E to Part 40Appendix E to Part 40—Drug Testing Semi-Annual Laboratory Report to DOTPart 40

    …DOT agency —FMCSA, FAA, FRA, FTA, PHMSA, or USCG 3. Test Reason —Pre-Employment, Random, Reasonable Suspicion/Cause, Post-Accident, Return-to-Duty, Other, and Follow-up A. DOT Specimen Results Reported (total number) B. Negative Results Reported (total number)…

  11. § 40.309What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?Part 40

    …notice. (c) You cannot substitute any other tests ( e.g., those carried out under the random testing program) conducted on the employee for this follow-up testing requirement. (d) You cannot count a follow-up test that has been cancelled as a completed test. A…

  12. Appendix to Subpart H of Part 385Appendix to Subpart H of Part 385—Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Non-North America-Domiciled Motor CarriersPart 385

    …safety management programs; (2) Verification of a controlled substances and alcohol testing program consistent with part 40 of this title; (3) Verification of the carrier's system of compliance with hours-of-service rules in part 395 of this subchapter, includ…

  13. § 40.349What records may a service agent receive and maintain?Part 40

    …needed for operating a drug/alcohol program ( e.g., CCFs, ATFs, names of employees in random pools, random selection lists, copies of notices to employers of selected employees) on behalf of an employer. (c) If a service agent originating drug or alcohol testi…

  14. § 382.103Applicability.Part 382

    …drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool. (c) The exceptions contained in § 390.3T(f) of t…

  15. § 40.333What records must employers keep?Part 40

    …does not apply to you ( e.g., a maritime employer who does not have a DOT-mandated random alcohol testing program need not maintain random alcohol testing records). (c) You must maintain the records in a location with controlled access. (d) A service agent may…

  16. Appendix A to Subpart E of Part 365Appendix A to Subpart E of Part 365—Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor CarriersPart 365

    …safety management programs; (2) Verification of a controlled substances and alcohol testing program consistent with part 40 of this title; (3) Verification of the carrier's system of compliance with hours-of-service rules in part 395 of this subchapter, includ…

  17. § 40.365What is the Department's policy concerning starting a PIE proceeding?Part 40

    …Department-wide concern ( e.g., failure to properly conduct the selection process for random testing). [65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52247, Nov. 13, 2017; 88 FR 27650, May 2, 2023]

  18. § 393.52Brake performance.Part 393

    …equals 65.2 percent.) Column 2 is included in the tabulation because certain brake testing devices utilize this factor. (b) The decelerations specified in column 3 are an indication of the effectiveness of the basic brakes, and as measured in practical brake t…

  19. Appendix B to Part 386Appendix B to Part 386—Penalty Schedule: Violations and Monetary PenaltiesPart 386

    …to the manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commerc…

  20. § 382.401Retention of records.Part 382

    …collection process: (i) Collection logbooks, if used; (ii) Documents relating to the random selection process; (iii) Calibration documentation for evidential breath testing devices; (iv) Documentation of breath alcohol technician training; (v) Documents genera…

  21. § 385.321Safety audit: Failure.Part 385

    …for a controlled substance Single occurrence. 5. § 382.305—Failing to implement a random controlled substances and/or alcohol testing program Single occurrence. 6. § 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL Single occurren…

  22. § 40.193What happens when an employee does not provide a sufficient amount of specimen for a drug test?Part 40

    …you take no further action with respect to the employee. If the test reason was 'random', the employee remains in the random testing pool. [88 FR 27647, May 2, 2023]

  23. Appendix A to Part 391Appendix A to Part 391—Medical Advisory CriteriaPart 391

    …breath that remains after a normal expiration, the medical examiner whispers words or random numbers such as 66, 18, 3, etc. The medical examiner should then ask the individual to repeat the words or sequence. The medical examiner should not use only sibilants…

  24. Appendix A to Part 390Appendix A to Part 390—Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of PassengersPart 390

    …impose its hours of service rules on all of the company's drivers because they were randomly assigned to handle interstate trips, even though 2 out of about 40 drivers had not made a single interstate trip during the 21 months at issue in that case ( Morris v.…

  25. § 395.2Definitions.Part 395

    …specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the ca…

  26. § 382.105Testing procedures.Part 382

    § 382.105 Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol o…

  27. § 384.201Testing program.Part 384

    § 384.201 Testing program. (a) The State shall adopt and administer a program for testing and ensuring the fitness of persons to operate commercial motor vehicles (CMVs) in accordance with the minimum Federal standards contained in part 383 of this title. (b)…

  28. § 390.107Medical examiner certification testing.Part 390

    …proctor examinees or provide technical support have completed formal training, demonstrate competency, and are monitored periodically for quality assurance in testing procedures. (5) Accommodate testing of individuals with disabilities or impairments to minimi…

  29. § 382.311Follow-up testing.Part 382

    § 382.311 Follow-up testing. The requirements for follow-up testing must be performed in accordance with 49 CFR part 40, subpart O.

  30. § 382.303Post-accident testing.Part 382

    § 382.303 Post-accident testing. (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safe…

  31. § 382.309Return-to-duty testing.Part 382

    § 382.309 Return-to-duty testing. The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40, subpart O.

  32. § 382.307Reasonable suspicion testing.Part 382

    § 382.307 Reasonable suspicion testing. (a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The em…

  33. § 383.79Driving skills testing of out-of-State students; knowledge and driving skills testing of military personnel.Part 383

    § 383.79 Driving skills testing of out-of-State students; knowledge and driving skills testing of military personnel. (a) CDL applicants trained out-of-State —(1) State that administers the driving skills test. A State may administer its driving skills test, i…

  34. § 40.271How are alcohol testing problems corrected?Part 40

    § 40.271 How are alcohol testing problems corrected? (a) As a BAT or STT, you have the responsibility of trying to complete successfully an alcohol test for each employee. (1) If, during or shortly after the testing process, you become aware of any event that…

  35. § 380.109Driver testing.Part 380

    § 380.109 Driver testing. (a) Testing methods. The driver-student must pass knowledge and skills tests in accordance with the following requirements, to determine whether a driver-student has successfully completed an LCV driver-training program as specified i…

  36. § 383.72Implied consent to alcohol testing.Part 383

    § 383.72 Implied consent to alcohol testing. Any person who holds a CLP or CDL or is required to hold a CLP or CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of item (4) of Table 1 to § 383.51…

  37. § 40.81What laboratories may be used for DOT drug testing?Part 40

    § 40.81 What laboratories may be used for DOT drug testing? (a) As a drug testing laboratory located in the U.S., you are permitted to participate in DOT drug testing only if you are certified by HHS under the National Laboratory Certification Program (NLCP) f…

  38. Appendix I to Part 40Appendix I to Part 40—Alcohol Testing FormPart 40

    Appendix I to Part 40—Alcohol Testing Form The following form is the alcohol testing form required for use in the DOT alcohol testing program beginning January 1, 2011. Employers are authorized to use the form effective February 25, 2010. [75 FR 8529, Feb. 25,…

  39. § 382.215Controlled substances testing.Part 382

    § 382.215 Controlled substances testing. No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having knowle…

  40. § 382.115Starting date for testing programs.Part 382

    § 382.115 Starting date for testing programs. (a) All domestic-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations. (b) All foreign-domiciled employers must implement the requirem…

  41. § 40.84How long does the laboratory retain specimens after testing?Part 40

    § 40.84 How long does the laboratory retain specimens after testing? (a) As a laboratory testing the primary specimen, you must retain a specimen that was reported with positive, adulterated, substituted, or invalid results for a minimum of one year. (b) You m…

  42. § 40.223What steps must be taken to protect the security of alcohol testing sites?Part 40

    § 40.223 What steps must be taken to protect the security of alcohol testing sites? (a) If you are a BAT, STT, or other person operating an alcohol testing site, you must prevent unauthorized personnel from entering the testing site. (1) The only people you ar…

  43. § 390.127Qualified VA examiner certification testing.Part 390

    § 390.127 Qualified VA examiner certification testing. To receive medical examiner certification from FMCSA under §§ 390.123 through 390.135, a qualified VA examiner must pass the medical examiner certification test developed and provided by FMCSA through the…

  44. § 40.31Who may collect specimens for DOT drug testing?Part 40

    § 40.31 Who may collect specimens for DOT drug testing? (a) Collectors meeting the requirements of this subpart are the only persons authorized to collect urine specimens for DOT drug testing. (b) A urine collector must meet training requirements of § 40.33. (…

  45. § 40.86What is urine validity testing, and are laboratories required to conduct it?Part 40

    § 40.86 What is urine validity testing, and are laboratories required to conduct it? (a) Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine wheth…

  46. § 40.92What is oral fluid validity testing, and are laboratories required to conduct it?Part 40

    § 40.92 What is oral fluid validity testing, and are laboratories required to conduct it? (a) Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human oral fluid. The purpose of validity testing is to deter…

  47. § 40.123What are the MRO's responsibilities in the DOT drug testing program?Part 40

    § 40.123 What are the MRO's responsibilities in the DOT drug testing program? As an MRO, you have the following basic responsibilities: (a) Acting as an independent and impartial “gatekeeper” and advocate for the accuracy and integrity of the drug testing proc…

  48. § 40.341Must service agents comply with DOT drug and alcohol testing requirements?Part 40

    § 40.341 Must service agents comply with DOT drug and alcohol testing requirements? (a) As a service agent, the services you provide to transportation employers must meet the requirements of this part and the DOT agency drug and alcohol testing regulations. (b…

  49. § 385.605New entrant registration driver's license and drug and alcohol testing requirements.Part 385

    § 385.605 New entrant registration driver's license and drug and alcohol testing requirements. (a) A non-North America-domiciled motor carrier must use only drivers who possess a valid commercial driver's license—a CDL, Canadian Commercial Driver's License, or…

  50. § 40.61What are the preliminary steps in the drug testing collection process?Part 40

    § 40.61 What are the preliminary steps in the drug testing collection process? As the collector, you must take the following steps before actually beginning a collection: (a) When a specific time for an employee's test has been scheduled, or the collection sit…