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For safety and compliance private fleets in the United States have a responsibility to comply with DOT and FMCSA regulations for drug and alcohol testing. Most companies with private fleets have a drug free workplace program, the DOT drug and alcohol testing program must be compliant with FMCSA and DOT regulation 49 CFR Part 382 and 49 CFR Part 40. National Drug Screening specializes in providing a great program for private fleets to be compliant fast and easy. Our programs can include drug free workplace programs for non-DOT employees and the required DOT drug and alcohol testing program for the regulate CDL drivers.

Services from National Drug Screening include ongoing consultation and assistance with:

  • Written Policy – all forms and documents required
  • Nationwide drug testing with fast turnaround
  • Random drug testing pools or consortium
  • Post Accident Testing & other required testing
  • Employee Education and Supervisor Training
  • Substance Abuse Professional
  • Fast and easy, most competitive service and pricing in the nation
  • Assistance with your non-DOT drug free workplace and drug testing

Often private fleets are operating a DOT drug testing program as well as a non-DOT drug testing program for those employees not driving. It is critical that the testing be separate for these two groups – the DOT regulated employees and the non-DOT regulated employees.

Cement truck driving on the highway
eCCF Paperless Drug Testing

What Drivers are Regulated for 49 CFR Part 382 and 49 CFR Part 40 – DOT required drug testing?

Your fleet drivers are required to be DOT compliant for DOT and FMCSA regulations for drug and alcohol testing when they meet any of the criteria listed:

  • Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of 26,001 lbs. or more
  • Transporting 16 passengers or more
  • Transporting Hazardous Materials requiring placarding

How do I know if I am in compliance?

Can you check off all the items below to verify your compliance as a private fleet for DOT drug and alcohol testing?

  • Has the company distributed DOT compliant policies to all covered drivers? (see 382.601) Is the company policy up to date, when was it last updated?
  • Does the company have an assigned DER (Designated Employer Representative)?
  • Is the company aware of the drug/alcohol testing program regulations 49 CFR Part 40 and 49 CFR Part 382? Are copies of these regulations on file at the DER office?
  • Does company have on file pre-employment drug test results for all commercial drivers subject to 49 CFR Part 382? Is there documentation that drivers did not perform safety sensitive duties prior to receiving the confirmed negative results on covered drivers? (see 382.301)
  • Is correct Federal custody and control form being used for the DOT testing? Are correct tests and correct forms being utilized for both DOT covered and non-DOT employees?
  • Has the company allowed drivers to perform safety sensitive duties prior to receiving a confirmed negative drug test results? VIOLATION (see 382.301 and 382.107)
  • Is company conducting inquiries for alcohol and controlled substances information from previous employers? Does company have documentation that inquiries have been completed for all commercial drivers? (see 382.413 and 40.25)
  • Are all drivers in a random drug/alcohol testing pool (separate from other company random testing pools), and has 25% of the company’s annual average number of drivers been drug tested, and 10% alcohol tested? (see 382.305)
  • Are new covered drivers entered into the pool prior to any random selections made in the current selection period?
  • Is the random testing program managed as per DOT Best Practices for the random pool, the selection process, the notification process and the testing process? How does the company handle those not available for testing? (see 382.305)
  • Are all drivers random drug/alcohol tested immediately after notification by the company’s designated employer representative (DER)? (see 382.305 Paragraph I)
  • Have DOT-FMCSA Drug & Alcohol Testing program educational materials been distributed to all covered employees? (see 382.601)
  • Have all supervisors of commercial drivers completed the required DOT supervisor training? (see 382.603).
  • Is the company aware of what is a DOT-FMCSA post accident testing situation? Does the company appropriately conduct post accident testing? (see 382.303)
  • Have all drivers in violation of the DOT regulations been removed immediately from safety sensitive duties? (see 382.215 and 382.501). Were these drivers given a list of approved substance abuse professionals? (see 40.287)
  • Is the company keeping all required records on file within required timelines? (see 382.401)

Are you aware of penalties?

Any employer or driver who violates the requirements of this part shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b). In addition, any employer or driver who violates the requirements of 49 CFR part 40 shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b). Employers can receive substantial fines for each violation up to $10,000.00.

Our clients receive valuable personalized assistance when there is a DOT audit of your drug testing program. Call us immediately if you are notified of an audit of your DOT drug testing.

Call National Drug Screening today for free consultation for a written quote on your services. We will provide the best service at a competitive price. National Drug Screening is the leader in the nation for DOT and Non DOT drug testing services. Our client receive valuable personal assistance when there is a DOT audit of your drug testing program.