CDL/DOT Program Information

When did drug and alcohol testing become a law?

In October of 1991 President Bush signed the Omnibus Transportation Employee Testing Act. It became effective for U.S. Companies in 1996 and foreign companies in 1997. This law specifically addresses those employees considered “safety sensitive”, included in this classification are truck drivers who have a commercial drivers license (CDL).

Does this apply to me if I am an owner-operator?

If you are an owner-operator, you are required to join a consortium to meet the testing requirements. Anyone who has a CDL is required to comply.

What is a consortium?

A consortium is a business that places drivers in “pools” with other drivers. If company tests both CDL and non-CDL employees, they would be placed in separate pools. The consortium selects people for testing in the CDL pool at rates that meet DOT (Department of Transportation) requirements. The non-CDL pools are tested at a rate decided by the company.

The consortium selects drivers for testing at given times for random testing requirements. Currently the regulations require that 50% of the average annual number of CDL drivers in a pool be tested for drugs and 10% be tested for alcohol. Consortiums also supply forms, training and consultation to assist companies in meeting the DOT regulations or their specific company needs if their employees are non-CDL.
Consortiums can usually be found under “Drug Testing” on the internet or in the yellow pages.

How much does it cost to join a consortium?

The cost is usually based on the number of drivers you have and goes anywhere from $10 monthly to several hundred. The consortium is usually one of many things handled by a Service Agent. The Service Agent takes care of everything from the random program, to training, to contracts with labs for analysis, and medical review of results. Like many things in business, the cost is reflective of the service you can expect.

I don’t have a business; I just have a truck that requires that I have a CDL. Do I have to comply with this law?

Yes. This law applies to everyone that is required to have a CDL.

What if I have a CDL but don’t use it?

The rules don’t apply if you are not driving a vehicle that requires a CDL. The moment you perform a safety-sensitive function, which includes driving, the requirements apply.

I drive for a company and have to be tested by them. I sometimes drive for another company nights or weekends. Do I have to be in both drug testing pools?

You are required to be in a random pool for each one.

I have a CDL so I can help my church by driving their bus. Do I have to comply with these requirements?

Yes. Whether you’re compensated or not, the church is still considered your employer and should have you enrolled in a drug and alcohol testing program.

Does the medical card drug test count as a DOT drug test?

A drug test is not mandatory to receive a medical certificate. Urine samples are taken, however it’s usually for other tests. The same specimen cannot be used for both.

How do I know if the test I was given is a DOT test?

The copy of the test form would be titled “Federal Drug Custody Form” on the top of the form.

What is the difference between a DOT and non-DOT test?

Non-DOT tests can be for many different substances can be tested and to varying cutoff levels. DOT regulated tests are all tested for the same substances so each driver is tested fairly and equally across the nation. Each DOT test is only allowed to be tested at a federally certified lab.

What about farm drivers?

If you are exempt from having a CDL, you would be exempt from drug and alcohol testing.

What is the correct procedure if I am hiring a new driver?

You are required to have a negative drug test result on your new driver PRIOR to allowing them to perform a safety sensitive function, which includes driving. Allowing a driver to perform a safety sensitive function prior to receiving a negative test result could result in penalties. There are also requirements to contact previous employers to ask about the possibility of positive or refused tests. You must also ask the driver if they have tested positive for drugs or alcohol or refused a test in the past two years. This will help ensure that you do not hire a driver that simply quit a previous company after a positive test result.

What is the rule on drivers who quit and come back or are laid off and called back?

If a driver has been removed from the random pool for more than 30 days, you are required to start over with a pre-employment test. If it has been less than 30 days, you can put the driver back in the random pool and continue on as if the driver was never removed.

What about mechanics who may have to occasionally test drive a truck?

If they drive a truck that requires a CDL, even if only to test drive, they need to be in the program.

Some drivers seem to always be picked for the random and others never seem to be selected, what’s up with that?

Most consortiums use computer software programs designed specifically to select employees or drivers in a random manner. This means that each time someone is selected they go back into the pool with the same chance of being selected the next time as the employee who did not get selected, or never seems to be selected. It is completely random and has to be completely random to comply with DOT regulations.

What happens when I or one of my drivers tests positive for a drug or alcohol?

There are regulations that require a specific procedure to take place for the company and/or driver. First, the driver must be removed from safety sensitive functions, which among other things, includes driving.

The driver is required to obtain an evaluation by a substance abuse professional (SAP) – a consortium can assist the company or individual with this. The evaluation may take up to several weeks. During this time, the driver cannot perform a safety sensitive function.

After the evaluation is completed, the employer is required to obtain the results of the evaluation and the recommendations of the SAP. The employee is required to complete the recommendations of the SAP. DOT requires the driver to complete follow-up tests. The minimum number of follow-up tests that can be required is six in the following twelve months. Tests can be required for up to five years. The driver must also obtain a negative DOT test result along with the completion of the evaluation. The company that employs the driver is responsible to ensure that all random follow-up tests are completed with the given time frame.

These follow-up tests are over and above the random tests given to meet the 50% and 10% testing requirements. If a company hires a driver that is in the process of follow-up tests after a positive result, the company is responsible for making sure the tests are completed. A driver that quits or is terminated after a positive test carries this result with them for the next two years. Just because they leave a company does not mean the test result disappears.

In addition; positive drug and alcohol tests in many states (Washington among them) are reported to the state Department of Licensing and the drivers’ CDL may be revoked until the recommended testing and treatment is completed. The driver then needs to apply for reinstatement of the CDL and pay a reinstatement fee.

If a driver tests positive can the company simply terminate the driver?

Yes. There are no requirements to employ a driver with a positive drug test. Any decision to terminate can potentially be governed by company policy, union contracts and employment law.

Is testing required after an accident?

It depends on the severity of the accident and if the driver is at fault or not. Drug and alcohol tests are always required after a fatality accident. Testing is also required if the CDL driver is cited for a moving violation AND a vehicle was towed from the scene or there were injuries treated immediately afterwards. There are certain time limits in which these tests must be completed. Testing at the scene by law enforcement does not take the place of required DOT testing.

What happens if I fall under the requirements to be tested but just ignore them?

You may get away with it for a while. The Washington State Patrol and the Federal Department of Transportation conduct compliance safety reviews on owner-operators and companies that operate trucks or combinations over 10,000 lbs. gross vehicle weight rating. Violations are noted during these reviews. Non-compliance can result in monetary penalties.

Where can I find more information?

Drug and alcohol testing requirements can be found in the Code of Federal Regulations, Title 49, Parts 40 and 382.

Information is available many web sites, including:

If you own and/or operate a commercial motor vehicle (GVWR or combined GVWR over 10,000 lbs. but less than 26,001 lbs.) in interstate movement, you are subject to all DOT regulations except for drug testing and CDL requirements. There are some exceptions.

If you own or operate a commercial motor vehicle within Washington that requires a CDL, you are subject to all DOT regulations. There are some exceptions.

These regulations can be found in the Department of Transportation’s Federal Motor Carrier Safety Regulations, Title 49, Parts 40, 325, 355 through 399.