New CDL Drug Testing Requirements 2023

The U.S. Department of Transportation (DOT) regulates the drug and alcohol testing of commercial driver’s license (CDL) holders who operate commercial motor vehicles (CMVs). The DOT’s drug and alcohol testing program aims to ensure the safety of the public and prevent accidents caused by impaired drivers. The DOT’s drug and alcohol testing rules apply to CDL holders and their employers who are subject to the Federal Motor Carrier Safety Administration (FMCSA) regulations.


Types of Drug and Alcohol Tests

The DOT’s drug and alcohol testing program requires CDL holders and their employers to follow certain procedures for testing, frequency of tests, and substances tested for. The DOT tests for five classes of drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). The DOT also tests for alcohol using breath or saliva tests. The DOT’s drug and alcohol testing program includes the following types of tests:

·Pre-employment: An employer must receive a negative drug test result before permitting a CDL holder to operate a CMV. (§382.301)

·Post-accident: Drug and alcohol tests may be required after crashes according to the following chart:

Type of accident involved

Citation issued

Test must be performed by employer

Human fatality

Yes or No

Drug and Alcohol

Bodily injury with immediate medical treatment away from the scene

Yes

Drug and Alcohol

Disabling damage to any motor vehicle requiring tow away

Yes

Drug and Alcohol

·Random: CDL holders must be randomly tested throughout the year. The minimum annual percentage rate for random drug testing is 50% of the average number of driver positions, and the minimum annual percentage rate for random alcohol testing is 10% of the average number of driver positions. (§382.305) 

Suggested:

DOT Random Testing Pool vs Stand-Alone Pool

·Reasonable suspicion: CDL holders must be tested when a trained supervisor or company official has reasonable suspicion that the driver is under the influence of drugs or alcohol based on specific, contemporaneous, articulable observations concerning the driver’s appearance, behavior, speech, or body odors. (§382.307)

·Return-to-duty: CDL holders who have violated the DOT’s drug and alcohol testing rules must undergo a return-to-duty test before resuming safety-sensitive functions. The test result must be negative and the driver must also complete the required evaluation and treatment by a substance abuse professional. (§382.309)

·Follow-up: CDL holders who have returned to duty after a violation must be subject to unannounced follow-up testing for at least 12 months and up to 60 months as determined by a substance abuse professional. The driver must have at least six follow-up tests in the first 12 months. (§382.311)

Oral Fluid Testing

On May 2, 2023, the DOT published a final rule amending its regulated industry drug testing program to allow for oral fluid testing. Oral fluid testing is a type of drug test that uses the donor’s saliva to test for controlled substances. Oral fluid testing offers several advantages over urine testing, such as:

·Oral fluid collection is directly observed by a laboratory technician, making the sample less susceptible to adulteration or tampering.

·Oral fluid tests detect recent drug use better than urine tests, as drugs take time to metabolize and show in urine. With oral fluid testing, drugs can be detected in saliva immediately after they are used.

The federal cdl drug testing requirements gives employers the option of using either a urine test or an oral fluid test for all DOT-regulated drug tests. However, employers will have to wait until the U.S. Department of Health and Human Services (HHS) certifies laboratories capable of processing oral fluid tests before they can implement them.

The new rule also changed the procedure for direct observation collections involving transgender or non-binary individuals and when a same-gender technician cannot be found. The rule now states that:

·For all direct observation collections involving transgender or non-binary individuals, employers must conduct an oral fluid test.

·In situations when a direct observation test is required but a same-gender technician cannot be found, employers must use an oral fluid test.

According to CDL drug testing requirement, employers who are subject to the DOT’s drug and alcohol testing program should review their policies and procedures to ensure compliance with the new rule and prepare for the implementation of oral fluid testing once it becomes available.

Sources:

What tests are required and when does testing occur? | FMCSA

Department of Transportation New Drug Testing Rule Begins June 1, 2023

DOT Drug Test: A Complete Guide [2023]

Drug & Alcohol Testing Program | FMCSA

What tests are required and when does testing occur? | FMCSA

 

 

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