Controlled Substances Testing Procedures. DOT's final rule, 49 CFR part 40, 'Procedures for Transportation Workplace Drug and Alcohol Testing Programs,' took effect.
Introduction Section 1. Purpose and Scope of these Guidelines The Federal Motor Carrier Safety Administration (FMCSA) recognizes that controlled substances use and alcohol misuse affect everyone in the United States in one way or another. In response to passage of the Omnibus Transportation Employee Testing Act of 1991, the FMCSA has published regulations prohibiting controlled substances use and alcohol misuse and modified other current regulations. The current regulation is 49 CFR part 382, 'Controlled Substances and Alcohol Use and Testing,' which replaced 49 CFR part 391, subpart H, 'Controlled Substances Testing.' In addition, the Department of Transportation (DOT) has issued 49 CFR part 40, 'Procedures for Transportation Workplace Drug and Alcohol Testing Programs,' which prescribes testing methods to be followed. To assist employers (motor carriers) in implementing those regulations, the FMCSA has developed these guidelines. The ultimate goal for the FMCSA and the commercial motor vehicle (CMV)* industry is to achieve a controlled substance and alcohol-free work force in the interest of the health and safety of employers, employees, and the public.
These guidelines are the FMCSA's 'small entity compliance guide' for purposes of the Contract With America Advancement Act of 1996 (Pub. 104-121, Title II, Subtitle A, March 29, 1996). Under this act, the content of this small entity compliance guide is not subject to judicial review but may be considered as evidence of the reasonableness or appropriateness of any proposed fines, penalties, or damages in an FMCSA civil or administrative action.
These guidelines are written as if an employer has no controlled substances and/or alcohol testing program already in place. Cp2102 Eeprom Program. They provide a logical sequence for implementing the various elements of a successful program and contain examples of documents, checklists, forms, and procedures that may be used by individual employers in formulating their programs.
The following required elements of a controlled substances use and alcohol misuse program are discussed: • Policy and procedure development • Driver education and supervisor training • Urine specimen collection and testing • Breath and saliva sample collection and testing • Recordkeeping and reporting. As an employer (motor carrier), you may go beyond these requirements to incorporate additional features (such as employee assistance programs) that are not mandated by FMCSA regulations. However, you must make clear that any features you add are not part of the FMCSA-mandated program and will be conducted under other applicable authority, not the FMCSA's.
For example, if you test for controlled substances other than the five that the FMCSA specifies, you must make the employees aware that they are being tested for those additional controlled substances under your authority, not the FMCSA's. You must collect separate specimens for analysis, and you must not use the Federal Drug Testing Custody and Control Form. *Note: The term 'Commercial Motor Vehicle' or 'CMV' as used in this document is defined in the appendix of this chapter, page 1-22.