Alcohol At A Dot Facility: What's Legal?

The US Department of Transportation (DOT) has strict rules and regulations regarding drug and alcohol use and testing for employees in safety-sensitive transportation roles. The Omnibus Transportation Employee Testing Act, passed in 1991, requires DOT agencies to implement drug and alcohol testing for these employees, including commercial truck and bus drivers. The presence of alcohol in a DOT facility, such as detectable alcohol in a driver's system or alcohol containers in their vehicle, can result in immediate termination and blacklisting. Random alcohol testing is also conducted, with a minimum testing rate of 10% for alcohol, and employers are not required to retain employees who test positive or refuse a test.

Alcohol testing rules and regulations

The United States Congress passed the Omnibus Transportation Employee Testing Act in 1991. This Act requires DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. This includes employees who drive commercial trucks and buses that require a commercial driver's license (CDL).

The Federal Motor Carrier Safety Administration (FMCSA) has defined the rules and regulations for alcohol testing for employees with a CDL. These regulations identify who is subject to testing, when they are tested, and in what situations. The FMCSA's alcohol testing regulations can be found at 49 CFR Part 382.

All alcohol tests must be performed by a trained Breath Alcohol Technician (BAT) who is trained to proficiency in the operation of the Evidential Breath Testing Device (EBT) and alcohol testing procedures. The BAT must complete a DOT-approved course that provides training in the principles of EBT methodology, operation, and calibration checks. The BAT will also need to complete training on the fundamentals of breath analysis for alcohol content, the procedures for obtaining a breath sample, and interpreting and recording EBT results.

The confirmation sample must be conducted within 30 minutes of the completion of the screening test. A driver with an alcohol concentration of 0.04 or greater is not permitted to perform any safety-sensitive functions until they have been evaluated by a Substance Abuse Professional (SAP) and have passed a return-to-duty test. A driver with an alcohol concentration of 0.02 or greater but less than 0.04 must be removed from duty for 24 hours.

Alcohol testing procedures

The Federal Motor Carrier Safety Administration (FMCSA) and its predecessor agency have defined the rules and regulations for alcohol testing for employees who drive commercial trucks and buses that require a commercial driver's license (CDL). These regulations identify who is subject to testing, when they are tested, and in what situations.

The DOT alcohol testing procedures are outlined in 49 CFR Part 40 Subpart E and Part 40 Subpart L. Employers are encouraged to familiarize themselves with the testing process to ensure proper procedures are followed, protecting the interests of both the company and its drivers. An employer handbook, titled "What Employers Need to Know about DOT Drug and Alcohol Testing," is available on the U.S. DOT Office of Drug and Alcohol Policy and Compliance (ODAPC) website. This handbook covers various topics, including program policies, assigning responsibilities, selecting service agents, employee and supervisor training, and record-keeping requirements.

The alcohol-screening test can be conducted using saliva testing devices approved by the National Highway Traffic Safety Administration. In the event of a positive screening test, an approved evidential breath-testing device must be used for the confirmatory test, conducted between 15 and 30 minutes after the initial screening. Individuals administering these tests must be properly trained to use the testing devices.

Additionally, employers must require covered employees to undergo reasonable suspicion testing if there is reasonable suspicion of alcohol abuse. This determination must be based on specific, observable factors such as appearance, behavior, speech, or body odor, and supervisors must be trained to detect these indicators. Employees who test positive on a breath alcohol test must undergo a return-to-duty alcohol test before resuming safety-sensitive job functions.

Alcohol testing and privacy

The DOT's regulations, outlined in 49 CFR Part 40, specify the procedures for collecting and testing specimens, reporting test results, and returning employees to safety-sensitive duties after a violation. These regulations also address privacy concerns, imposing restrictions on employers and service agents to protect the sensitive information obtained through drug and alcohol testing.

Employers are required to provide access to their facilities, records, and reports related to DOT agency drug and alcohol programs upon request from authorized entities. This includes providing information to subsequent employers upon receiving specific written consent from the employee. Employers must also comply with state laws requiring them to report all violations of DOT drug and alcohol testing rules to state CDL licensing authorities.

Additionally, employers must provide drug and alcohol test records if requested by federal, state, or local safety agencies with regulatory authority over the employee. Laboratories conducting tests are generally prohibited from releasing specimens without written consent from the appropriate authorities, and they must contest any court orders directing them to release specimens contrary to DOT regulations.

The privacy protections outlined in the DOT's regulations ensure that sensitive information obtained through alcohol testing is handled securely and disclosed only under specific circumstances, protecting the privacy rights of employees while also ensuring compliance with safety regulations.

Alcohol testing and employer requirements

The Federal Motor Carrier Safety Administration (FMCSA) defines the specific rules and regulations for alcohol testing, including who is subject to testing, when they are tested, and in what situations. Employers must ensure that they receive a negative alcohol test result from CDL drivers before permitting them to operate commercial motor vehicles. Random alcohol testing must also be conducted throughout the year for CDL drivers, and employers must train supervisors to detect signs of driver impairment to facilitate reasonable suspicion testing.

In addition to testing requirements, employers must also comply with privacy protections and restrictions regarding the use and release of sensitive alcohol testing information. For example, employers must provide access to their facilities and records related to DOT agency drug and alcohol programs upon request from DOT agency representatives. This includes providing information to subsequent employers upon receiving specific written consent from the employee.

Employers who employ themselves as CDL drivers must also comply with the requirements that apply to both employers and drivers. This includes complying with state laws requiring the reporting of all violations of DOT alcohol testing rules to state CDL licensing authorities. Overall, these regulations aim to ensure a drug and alcohol-free transportation industry, prioritizing safety for all.

Alcohol testing and record-keeping

The Omnibus Transportation Employee Testing Act, passed by the United States Congress in 1991, requires DOT agencies to implement alcohol testing for safety-sensitive transportation employees. This act resulted in the creation of 49 CFR Part 40, a DOT-wide regulation that standardizes testing procedures and outlines the process for returning employees to safety-sensitive duties after violating DOT alcohol regulations. Part 40 is applicable across all modes of transportation, encompassing both airline employees under FAA rules and trucking company drivers governed by FMCSA regulations.

To ensure compliance, employers must maintain thorough records of alcohol testing. When an FMCSA inspector requests records, employers are typically required to produce them within two business days or 48 hours for an offsite audit. These records should include all written, printed, and computer-based drug and alcohol program records, reports, files, materials, data, and relevant documentation. It is imperative that this information is easily accessible, legible, and well-organized. If electronic records are not up to these standards, they must be converted into printed documentation that meets the specified requirements.

Additionally, employers must comply with privacy protections and restrictions regarding the use and release of sensitive alcohol testing information. Consent from the employee is necessary before releasing any information about their alcohol tests to another party. However, upon the request of a DOT agency representative, employers must provide access to their facilities, as well as all relevant records and reports. This includes providing information to subsequent employers upon receiving a written request from a former employee.

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