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The Federal Motor Carrier Safety Administration (FMCSA) is the United States Department of Transportation agency that regulates the trucking industry and bus/motor coach industry. The FMCSA holds motor carriers and drivers responsible for meeting safety standards and regulations. A big part of those safety requirements is the drug and alcohol testing program.

The FMCSA, along with the Department of Transportation (DOT), requires that individuals subject to commercial driver’s license (CDL) requirements and their employers follow drug and alcohol testing rules.

Drug testing for all DOT-regulated employers and employees is described in 49 CFR Part 40. In addition to Part 40, each agency has its own separate rules and regulations.

The rules include procedures for testing, frequency of tests, and substances tested for.

Part 382 establishes programs intended to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles (CMVs).

All FMCSA Employers should become familiar with both Part 40 and Part 382.

Our FMCSA Program Includes

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)

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