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The Federal Motor Carrier Safety Administration (FMCSA), as part of the United States Department of Transportation, regulates both the trucking and bus/motor coach industries. As a result, the FMCSA holds motor carriers and drivers directly responsible for meeting all safety standards and regulations. Notably, a major component of these safety requirements involves maintaining a compliant drug and alcohol testing program.

Moreover, the FMCSA, working in conjunction with the Department of Transportation (DOT), requires that all individuals subject to commercial driver’s license (CDL) regulations—along with their employers—strictly follow drug and alcohol testing protocols.

Specifically, drug testing procedures for all DOT-regulated employers and employees are outlined in 49 CFR Part 40. Additionally, each DOT agency enforces its own set of specific rules and regulations that complement Part 40.

Furthermore, the rules cover various aspects such as testing procedures, test frequency, and the types of substances tested.

In particular, Part 382 establishes comprehensive programs designed to prevent accidents and injuries caused by alcohol misuse or controlled substance use by drivers of commercial motor vehicles (CMVs).

Therefore, all FMCSA employers must take the time to thoroughly understand and comply with both Part 40 and Part 382 to ensure full regulatory compliance.

Register for the InOut Labs FMCSA Consortium

Our FMCSA Program Includes

Compliance Manual

A comprehensive compliance manual that clearly outlines the DOT regulations related to FMCSA CFR 49 Parts 40 & 382 and TDLR drug testing requirements, while also providing detailed startup instructions, helpful answers to common questions, essential educational resources, training guidance, and so much more.

Certificate of Enrollment

Your Company Enrollment Certificate is proof of enrollment in our program.

Automated Test Results Reporting

Results can go to one person, or many. You can choose fax, email or web portal. Or all of the above. No delays because your result is sitting in someone’s in box.

Driver/Employee Information Handbook

Drivers must be made aware of the DOT requirements of Part 382 and how random testing is implemented and what to expect when being tested or asked to go test. The handbook available in English or Spanish.

Local and Nationwide Testing Sites

Every reasonable effort is made to locate a collection site within the vicinity of your home, terminal or job site. If you live in a remote area, you may require further travel.

MIS Reports

On request

Laboratory Testing at Dept. of Health and Human Services (DHHS) –

SAMSHA certified labs conduct all testing as required by DOT. We use the same labs for non-DOT testing.

Medical Review Officers (MRO)

Our MRO office employs 4 full time MROs and 12 MRO assistants, which means your results are not unreasonably delayed.

Complete Program Administration

We provide all required administration, quality control, materials, record keeping, summary reports, and SAP/EAP referrals.

All Inclusive Pricing

You will not be “nickel and dimed” for test kits, or forms, shipping fees, MRO fees or collection fees for any in-network drug or alcohol tests.

Audit Assistance

If the DOT audits you, we’ll help.

Web Portal

Access your testing records with your own secure web dashboard log in at drugtest.inoutlabs.com

Random Selections and Management

You submit the employee list, and then we efficiently run the random selections—either monthly or quarterly—using our specialized software at drugtest.inoutlabs.com. Subsequently, we send the selections directly to you, the Designated Employer Representative (DER). After that, you determine when during the testing period each selected employee will be tested. However, the key requirement remains: once you notify a driver, they must proceed to testing immediately.

Multiple Locations

If you have more than one, your drug testing is simplified when using InOut Labs.

Supervisor Training

The DOT requires that supervisors have reasonable suspicion training. See inoutlabs.com/training for details.

Written Substance Policy

Employers are required to provide employees the company’s policies and procedures regarding controlled substance abuse and/or alcohol misuse. For a reasonable fee, we will provide a customized DOT compliant policy.

Laboratory and Medical Review Officer Litigation Support

Available as needed. Fees apply.

Expert Testimony

Available as needed. Fees apply.

Criminal Background Checks

Prices vary. www.inoutlabs.com/background

Does My Organization Qualify?

Employers and employees subject to the regulations for drug and alcohol testing include those with a commercial driver’s license and who operate one or more of the following commercial motor vehicles:

  • With a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds

  • With the capacity to carry 16 or more passengers (including the driver)

  • Of any size that is used to transport hazardous materials which require the vehicle to be placarded

Penalties For Non-Compliance

Employers including owner-operators who violate the FMCSA drug and alcohol testing program regulations are subject to severe civil or criminal penalties, including fines of up to $10,000 per occurrence.

Common Reasons Audits are Failed

  • No alcohol and/or drug testing program

  • No random alcohol and/or drug testing program

  • Using a driver who refused a required alcohol or drug test

  • Using a driver the company knows had a breath alcohol content of 0.04 or greater

  • Using a driver who failed to complete required follow-up procedures after refusing or testing positive for drugs or alcohol

Summary of 49 CFR Part 382  Federal Motor Carrier Safety Administration (FMCSA)

Covered employee

A person qualifies as a CMV (Commercial Motor Vehicle) operator if they drive a vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. Additionally, if the vehicle is designed to carry 16 or more occupants—including the driver—they must also comply. Furthermore, any vehicle used to transport hazardous materials that require placarding, regardless of its size, must follow the same regulations.

Types of tests for drugs

Pre-employment, random, reasonable suspicion, post-accident, return- to-duty, and follow-up.

Types of tests for alcohol

Pre-employment (optional), random, reasonable suspicion, post- accident, return-to-duty, and follow-up.

Definition of accident requiring testing

Any accident involving a fatality requires testing. Testing is also required in accidents in which one or more motor vehicles are towed from the scene or in which someone is treated medically away from the scene; and a citation is issued to the CMV driver.

Reasonable-suspicion determination

One trained supervisor or company official can make the decision based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee.

Pre-duty alcohol use prohibitions

Four (4) hours prior to performance of duty.

Actions for Breath Alcohol Content 0.02 – 0.039

The employee cannot be returned to duty until the next day or the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following the test.

Employee training

Employer must provide educational materials explaining drug and alcohol regulatory requirements and employer’s policies and procedures for meeting regulation requirements. Distribution to each employee of these educational materials and the employer’s policy regarding the use of drugs and alcohol is mandatory. We include employee education materials with every FMCSA consortium registration (except Owner Operators)

Supervisor training

One-hour of training is required on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. One-hour of training is also required on the specific, contemporaneous physical, behavioral, and performance indicators of probable alcohol use. Online training available here.

Reportable employee drug and alcohol violations

No requirements to report violations to FMCSA until 2020, when violations are reported to the Clearinghouse.

Other

Drivers are prohibited from using alcohol for eight hours following an accident (as described above) or until they have undergone a post-accident alcohol test, whichever occurs first.

Reasons for Testing

Drug and alcohol testing also includes random testing and reasonable suspicion testing

If you’re not sure, the US DOT has an online tool so you can check for yourself. We help companies get started all the time. Ask us.
Join our FMCSA Consortium

The FMCSA is one of six agencies that fall under the U.S. Department of Transportation..

*USCG is regulated by the Dept of Defense, but its drug testing requirements are governed by the same rules that the other agencies live by