Under 49 CFR § 391.15 — Disqualification for Loss of Driving Privileges What This FMCSA Violation Means Federal regulations require drivers of commercial motor vehicles (CMVs) to be legally and physically eligible to drive. The Federal Motor Carrier Safety Administration (FMCSA) enforces this under 49 CFR § 391.15. This regulation covers when a driver [...]
If an impaired employee in a safety-sensitive role causes an accident and it is discovered that your testing program had gaps, your liability exposure increases dramatically. A Refusal To Test is treated the same as a positive result. Understand what that means. The FMCSA Clearinghouse is not optional. A "Not Prohibited" result for a [...]
DOT Drug and Alcohol Testing Procedures (Part 40) This is DOT rule 49 CFR Part 40, which sets forth required procedures for conducting drug and alcohol tests. View Part 40 Am I Covered? Determine whether DOT drug and alcohol testing regulations apply to your employees. Am I Covered? What Employers Need to Know Employer [...]
In his July 2025 article in NDASA’s newsletter, Tim Thoelecke (CSAPA, InOut Labs) addresses a common question within the drug-and-alcohol testing industry: If a driver fails a DOT-regulated drug or alcohol test, is he or she barred from all commercial vehicle operation, even small non-CDL ones? (NDASA) Key Insights 1) FMCSA Rule § 382.501 Applies Broadly [...]
What is a CDL and Who Needs It? Since 1992, the U.S. Department of Transportation has required certain commercial drivers to carry a Commercial Driver’s License (CDL). A CDL applies to drivers who: Drive vehicles weighing 26,001 lbs (11,794 kg) or more Tow trailers over 10,000 lbs as part of a larger combination Transport [...]
DER Remove Employee: Immediate Action Required Drug testing compliance is essential in safety-sensitive industries, and the Designated Employer Representative (DER) must take immediate action when an employee tests positive for drugs. Without hesitation, the DER remove employee from safety-sensitive duties after receiving a verified positive drug test result. This guide explains the split specimen [...]
MRO Report to DER: Key Responsibilities and Process The MRO report to DER is a crucial step in workplace drug testing. The Medical Review Officer (MRO) serves as a vital link in ensuring accurate drug testing processes. Before informing the Designated Employer Representative (DER) of any test results, the MRO verifies the findings with [...]
When you hire a new CDL driver, you must complete several steps before the driver becomes eligible to drive. When You Hire a New CDL Driver Ensure the driver is registered in the FMCSA Clearinghouse to conduct a Pre-Employment Full Query. You must receive a “Driver Not Prohibited” Pre-Employment Query result, or the driver [...]
According to industry experts, JJ Keller's yearly report states that FMCSA and its state partners conducted over 12,300 investigations in 2023. Out of these, 4,100 were on-site audits, and 5,800 were on-site focused reviews. In 2023, FMCSA increased on-site audits as more auditors actively conducted field investigations than in 2022. This trend is expected [...]
CDL drivers working for multiple employers are more common than you think. There are specific regulations from FMCSA regarding such drivers. Drivers who work for multiple employers are broadly classified into the following: Drivers who hold regular employment with multiple employers Drivers regularly employed by a motor carrier but occasionally drive for another motor [...]
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